Idaho Tenant Rights Laws

Created by FindLaw's team of attorney writers and editors.

Most of us will be a party to a residential lease agreement at some point in our lives. If you are a tenant in the Gem State, it's wise to understand your legal rights and obligations in this role. Read on to learn more about Idaho tenants' rights laws.

Idaho Tenants Rights Laws at a Glance

Idaho law governs certain aspects of the relationship between landlords and tenants. For example, while Idaho doesn't limit the amount that a landlord can require as a security deposit, there is a legal timeline for the return of a tenant's security deposit and/or an itemized list of deductions after a tenancy terminates.

Idaho also has comprehensive laws prohibiting landlords from discriminating against tenants. Like many other states, Idaho makes it illegal for a landlord to discriminate on the basis of sex, race, color, religion, disability, familial status, or national origin. However, Idaho's legal definition of "disability" is particularly expansive, and includes mental illness, alcohol and drug addiction, and HIV/AIDS status.

Statutes

 Idaho Statutes Sections 6-301 and 55-208

Security Deposits
  • Idaho law does not limit how much a landlord can require as a security deposit
  • Landlord must return security deposit or itemized list of deductions within 21 days of tenant move-out
  • The 21 day period for return of a security deposit can be extended of both parties agree, but it can't be longer than 30 days

Paying Rent
  • Idaho does not regulate the amount of rent or late fees that a landlord can charge
  • Landlord must provide 15 days' notice before raising rent

Living Conditions
  • Landlord must comply with city and county ordinances and state laws regarding housing conditions in order to maintain a safe and healthy environment
  • Landlord must provide "reasonable" notice before entering unit, or as set forth in lease agreement
  • Idaho law doesn't allow tenants to "repair and deduct" if landlord fails to make repairs; tenant's remedy is to sue landlord

Discrimination
  • It's illegal for an Idaho landlord to discriminate against a tenant on the basis of sex, race, color, religion, disability, familial status, or national origin
  • "Disability" includes physical or mental impairment, such as blindness, developmental disability, chronic alcoholism, and HIV/AIDS or related conditions

Ending or Renewing a Tenancy
  • Landlord typically must provide one month's notice to tenant when terminating lease
  • If tenant causes damage to the property, landlord can provide 3 days' notice before evicting tenant
  • If tenant fails to pay rent, landlord can give 3 days' notice to tenant before commencing eviction proceedings

Retaliation
  • It's against Idaho law for a landlord to retaliated against a tenant for exercising legal rights

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related: Idaho Tenants' Rights Resources

Get a Free Evaluation of Your Landlord/Tenant Case

As a party to a residential lease, it's important to understand your rights and obligations under the lease agreement, as well as the legal protections provided by your state. Depending on your circumstances, you may also want to seek professional legal advice. Consider speaking with an experienced landlord/tenant attorney for your free case evaluation.

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