Idaho Lease Agreements

Key Takeaways

• Idaho doesn’t cap the security deposit amount landlords can charge. 
• The tenant has 21 days to respond to the eviction lawsuit filed in the District Court. 
• Landlords must give 24 hours’ notice to enter the premises if it’s not an emergency situation.

Idaho Lease Agreement Templates

Residential Lease Agreement

Residential Rental Agreement

Used 5,261 times

Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.

Use Residential Rental Agreement

Utilize this standard template when leasing a residential property in Idaho, outlining the specific terms and conditions agreed upon between a landlord and a tenant for the rental period.

Idaho Apartment Lease

Use this template when leasing an apartment specifically in Idaho, detailing the rental terms and obligations between a landlord and a tenant within an apartment complex.

Idaho Room Rental

Employ this template when renting out a single room within a residential property in Idaho, defining the terms and responsibilities agreed upon between the landlord and the tenant occupying the room.

Idaho Month-to-Month Lease

Utilize this template when establishing a month-to-month rental agreement for residential or commercial properties in Idaho, offering flexibility without the commitment of a long-term lease.

Commercial Lease Agreement

Use this template when leasing a commercial property in Idaho, outlining the terms and conditions between a landlord and a tenant for business use.

Lease to Purchase Agreement

Utilize this template when entering into a lease agreement with an option to purchase a property specifically in Idaho, defining the terms for both the lease and potential purchase.

Sublease Agreement

Employ this template when subleasing a residential or commercial property in Idaho, detailing the agreement between the sublessor and the new tenant, including responsibilities and terms.

Understanding Idaho Rental Laws

Understanding your rights and responsibilities as a landlord or tenant when signing Idaho lease agreement templates is crucial. The Landlord Tenant Manual establishes these laws and regulations. These laws are legally binding, and failing to comply can result in penalties, fines, or legal action.

Security Deposit Limits

• Allowed amount: Idaho doesn’t cap the amount landlords can charge as the security deposit. 

• Refund timeline: Upon lease termination and surrender of the premises, the full security deposit must be refunded within 21 days if not specified by agreement or within 30 days regardless.

• Deductions allowed: Landlords can deduct from the deposit for contingencies specified in the deposit arrangement but can’t deduct for normal wear and tear.

• Itemized statement: Any refund less than the full deposit must be accompanied by a signed statement itemizing lawful deductions.

• New ownership: If the rental property changes ownership during a tenancy, the new owner is liable for refunding the security deposits.

• Separate account: For residential rentals managed by a third party, security deposits must be held in a separate federally insured account.

• Exceptions: This separate account requirement doesn’t apply to property owners, managers affiliated with the owner, real estate licensees, or certain nonprofit organizations.

Eviction Procedures

• Notice requirements: The landlord must issue the tenant with either of the following eviction notices to begin the process:

 Three (3) days Notice to Quit for non-payment of rent (full or partial)

 30-Day Notice to Vacate for month-to-month tenants

 Three (3) days Notice to Comply or Vacate for minor lease violations

 Three (3) days Notice to Vacate for illegal activity on the premises

• Filing eviction lawsuit: If the tenant remains after notice, the landlord files a complaint with the District Court. The filing fee ranges from $166-$221. 

• Serving the tenant: The tenant must be served summons and complaint by someone over 18, not involved in the case.

• Court hearing and judgment: For certain cases, the tenant must file a written answer within 21 days. If the tenant fails to answer or appear, a default judgment may be issued for the landlord.

• Writ of restitution: The tenant is given a final notice to vacate the premises. Typically, it’s issued immediately, except for non-payment cases (five (5) days later).

Right To Enter (Landlord)

• Right of access: Landlords can enter your house for inspection or maintenance with at least 24 hours’ notice. 

• Unpermitted entry: In emergencies, the landlord can enter your house without consent. 

• Routine inspection frequency: No specific limit, but entries cannot be unreasonably frequent.

• Tenant’s consent: The tenant can refuse entry If the request is unreasonable or not for a legally allowed reason  

• Illegal denial of entry: The landlord can issue a three (3) day notice to comply or pursue eviction, injunction, or damages if not resolved for unreasonable entry denial. 

• Changing locks: The tenant can change the locks but must provide the landlord with a new set of keys. 

• Tenant remedies: Where the landlord enters the premises illegally, the tenant can get a court order banning landlord entry or potentially terminate the lease. 

Disclosures

Idaho requires landlords to provide certain disclosures before leasing their properties. Look out for the following when signing Idaho rental agreement templates: 

• Lead-based paint disclosure: If the home was built before 1978, the landlord must disclose the status of lead-based paint. 

Other disclosures include:

• City/annexation status
• Services received 
• Consent to annex
• Included appliances & working condition
• Hazardous materials & pest infestations
• Mold
• Water leaks  
• Environmental Hazards