Free Idaho Rental Lease Agreement


Sample Idaho Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Idaho, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Idaho, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Idaho.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Idaho (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Idaho, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Idaho, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Idaho, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

Sample

ID Rental Lease Agreement

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