Free Idaho Rental Lease Agreement


Idaho Rental Lease Agreement

Before you fill our lease agreement form online, you should understand all the landlord-tenant laws as applicable to residential rental units in the state of Idaho.

The Official Rules and Regulations

These are the rules on the Rights and the Obligations of the Owners, Estates in Real Property, Forcible Entry and Unlawful Detainers, Limitations of Actions (Contracts), and Waste and Willful Trespass on Rental Property.

  • Security Deposit

    • In the Idaho rental lease agreement documents and laws, there are no statutes for the security deposit maximum, security deposit interest, pet deposits, non-refundable fees, or the creation of a separate security deposit bank account (the landlord just needs to indicate the name of the institution the deposit is held in escrow).

    • But, there is a deadline for returning the security deposit, and this happens when the lease ends where the landlord will have 21 days to return the deposit. The duration cannot be more than 30 days.

    • The security deposit can be put to use to cover any contingencies specified in the lease, excluding normal wear and tear.

    • It is a requirement to have a written description or an itemized list of charges and damages. And, any refunds that are less than the full amount deposited by the tenant shall be accompanied by a signed statement that itemizes the amounts retained by the tenant.

    • There also are no statutes governing record keeping of the deposit withholdings or the receipt of the deposit.

    • What happens when a landlord fails to comply?

    • In case of non-compliance, tenants can follow a four-step process to obtain the deposit from the landlord.

  • Lease, Fees, and Rent

    • In the rental lease agreement in Idaho, rent is due as stated in the lease.

    • For rent increases, the lease agreement states that there is a 15-day notice before the end of the month that the rent increase takes effects.

    • There are no statutes to guide on the rent’s grace period, prepaid rent, or late fees although, in the case of late fees, the policy should specify the details of the late fees in the lease.

    • In case of returned check fees, the landlord may sue in the small claims court to recover the amount of the check plus three times the check amount or $100: whichever is greater.

    • There are no statutes for whether or not the tenant can withhold rent for failure to provide essential services although the AG’ Guidelines prescribe the process of dealing with the issue. There is also no statute for tenants to repair and deduct rent but the AG Statutes are to be followed.

    • In eviction cases, except when the case involves a triple award of damages, the landlord can recover the court and the attorney fees.

    • Should the landlord make a reasonable attempt to mitigate damages to the lessee, including any attempts to re-rent? There is no statute covering this in the landlord-tenant laws in Idaho, and you have to check the AG’s Guidelines for the same.

    • There is also no statute for abandonment fees or early termination fees.

  • Notices and Entry

    • There is no need to give notice when terminating the tenancy for fixed-end leases. However, for monthly leases, the notice of termination is with one month’s written notice by the tenant or the landlord. The one month’s notice also applies to the termination of annual leases.

    • For weekly leases, there is no statute governing the termination, but the lease has to specify the process the tenant follows in giving proper notice of intent to vacate or terminate the lease.

    • Termination of tenancy with a 24-hours’ notice – this is the case when a landlord has reasonable grounds to believe that the tent engages in unlawful activities.

    • There is no statute governing the notice of date or the time of a move-out inspection.

    • For termination of weekly leases and all other leases for non-payment, a three-days’ written notice is required. This also applies to the termination of a lease violation.

    • There are no statutes on the need for notice before entry, maintenance, and repairs in non-emergency cases, entry for showings or entry without notice. However, you have to check out the AG’s guidelines for a guide on the processes.

    • In case of extended absence, a three-days’ notice is required if the lease gives the landlord the right of reentry.

    • Lockouts and utility shutoffs aren’t allowed.

Disclosures and Miscellaneous Notes

In the legal rental contract, this section calls for the disclosure of names and addresses, the copy of the lease, domestic violence situation, landlord and tenant duties, retaliation and lead disclosures.

  • Court-Related

    • Idaho Small Claims Court – the limits charge $5,000, and there are no eviction cases allowed in small claims courts

    • The Statute of Limitation considers Written contracts for five years, and Oral contracts are considered viable for four years.

  • You can also get help and information from:

    • Idaho Judiciary

    • Idaho Attorney General

    • Idaho State Bar Association

    • Legal Aid

Business Licenses

There are no statewide statutes on the need to have business licenses.

If you wish to expedite the process, fill out Idaho rental lease agreement form here.