The Basics of Idaho Rental Law
Fundamentally, as a lease is a contract, it is necessary that landlords and tenants are aware of the basics of lease law in Idaho. As this blog will show, in many respects, lease law is pretty much the same in all fifty states, including Idaho.
Lease law is not the same as property law, although it certainly overlaps with property law issues at times. While there are other laws applicable to leases, such as those laws concerning discrimination, this entry will discuss the legal rights and responsibilities of landlords and tenants in Idaho. There are two sources of laws applicable to leases – statutory law and the common law. The Idaho Legislature has provided us with some statutes related to leases, especially with respect to residential leases. The applicable chapter of the Idaho Code for residential leases is I.C. § 55-201 et seq. These statutes are public law and provide rights and responsibilities to both landlords and tenants. They apply regardless of whether the lease was written or not, i.e. whether there is a written lease or not, the Idaho Legislature has provided statutory law regarding leases . In addition, courts have interpreted leases, and these interpretations provide us with another body of laws to consider in leases. These interpretations are considered common law. Common law is the law that evolves over time based on how courts have interpreted statutes and other laws. It is called "common" law because as judges hand down decisions in cases brought before them, they make precedential law that provides similar results in future disputes that are similar to ones previously decided. In this way, the common law establishes the overall legal framework of landlord-tenant relationships in Idaho and is important to understand so that landlords and tenants know what the ground rules are in their business relationship when they first enter into the relationship. Lease agreements are contracts governed by contract law, so it is also helpful to understand the basic principles of contract law because leases are contracts. For example, to be enforceable, contracts must be supported by consideration, parties must have legal capacity to contract, and the terms of the contract must not be illegal or against public policy. Also, contract breaches may preclude enforcement of contracts.
Landlord Responsibilities Under Idaho Law
A variety of rights and responsibilities apply to landlords around the State of Idaho. From specific obligations to perform repairs to terms that must be included in a rental agreement, and from the retention of security deposits to the right of entry that may be exercised by a landlord — these are just a few of the regulations governing a residential landlord’s behavior and expectations in Idaho.
Nearly all landlords offer and essentially must provide a residence questionnaire to tenants. The form of residence questionnaire may be found in Idaho Code Section 55-2486, along with instructions for the completion of the document by a tenant and inspection of the premises by a tenant prior to signing a lease (or paying a security deposit). The residence questionnaire is only required when the lease is for a period longer than six months.
First among a tenant’s rights is the right to habitability — i.e., a lawfully acceptable and safe place to reside. Further, tenants are protected from retaliation from their landlords — should the tenant exercise a legally authorized right, such as to request a safe place to reside.
It is an implied requirement for all landowners and landlords to deliver their property to a tenant in a habitable condition — otherwise, known as the implied warranty of habitability. Specific requirements are not yet codified for Idaho landlords unless the lease is for a period greater than six months, in which case, Idaho Code Section 55-208 and Idaho Code Section 6-320 apply. Common law requirements may be sought for landlords and landowners who do not enter into a lease with a term lasting longer than six months.
Idaho Code Section 55-202 permits the landlord to enter the premises or property for a variety of reasons, including the right to enter the premises without obtaining consent from the tenant to inspect, clean, or make necessary repairs. However, without the tenant’s permission and in addition to the requirements set forth in Idaho Code Section 6-310, six hours’ prior written notice to the tenant is required before entering.
Rent is used to describe money paid by the tenant to the landlord. Absent an agreement to the contrary, rent payments must be paid within five days of delivery of a notice to pay rent. The terms of the agreement will control if the terms of the agreement are stricter than the Statutes of the State of Idaho.
Section 55-208 requires a tenant to give the landlord notice of any defects in the premises, including any issues requiring repairs, like leaky faucets or flooded bathrooms.
The amount and purpose of a security deposit are defined in Section 55-208. Security deposits are not to be used by the landlord for any purpose other than the return to the tenant once the payment is deemed no longer necessary to fulfill the purpose. Idaho Code Section 6-321 provides guidance for the retention of the security deposit by the landlord and a list of deductions from that security deposit that may be taken by the landlord.
Section 55-204 safeguards tenants from landlord retaliation, i.e., it is not legal for a landlord to terminate a lease, increase the rent, decrease the services provided to the tenant, or bring suit for possession of the premises following a tenant’s future protected activity from prior weeks, months, or years.
The Rights Afforded Tenants in Idaho
Idaho landlords cannot just do with their property what they want. Idaho law recognizes that tenants have certain rights and protections when renting or leasing residential and commercial property. For lease or rental period of less than a year, in addition to the federal Fair Housing Act, Idaho’s Landlord and Tenant Act (found at Idaho Code Sections 55-200-234) apply to all rental agreements (although the Act does not apply to rentals for less than seven days or to rental units that are in public accommodations covered by the Fair Housing Act). In the context of traditional leases (leases of one year or more), Idaho law allows landlords, under certain circumstances, to:
In Idaho, the landlord has a responsibility to keep the rental unit in habitable condition. If the rental unit is deemed unhabitable due to the refusal of the landlord to make necessary repairs, the tenant is allowed to file an action in court to require the landlord to make the necessary repairs. In such an action, the tenant may also recover damages. Sometimes a landlord may waive his or her right of access to the premises, for example, by contract. Even in such cases, however, the landlord has the right to enter the rental unit when necessary to prevent damage to the rental unit. The landlord’s duty of care may extend to the common areas of the rental property, even if those common areas are maintained by a homeowners’ association.
If a tenant believes that he or she has been unfairly evicted from the rental unit, a tenant may have a claim against the landlord for unlawful detainer. A tenant who has been wrongfully denied the use and occupancy of the rental unit may lose the opportunity to make any claims against the landlord. Thus, it is important for a tenant to determine the basis for the unlawful detainer within five days of being locked out of the property. By statute, the tenant is entitled to damages if an unlawful detainer is committed.
The Key Components of Idaho Lease Agreements
While it may not be legally required in Idaho, a lease agreement is an extremely important document for both a landlord and a tenant. Lease agreements can protect both parties in the event of a dispute. A lease agreement should include provisions dealing with several matters that clarifies each party’s rights and duties.
A well-written lease agreement should contain the following clauses:
The definition of the lease period, including the dates the lease begins and ends, with an option for renewal, if applicable.
The rental amount and when that amount is due, including any grace period that may apply.
When and how the rent can increase, as well as what the exact amount will be if the rent does increase.
Prorated rent and late fees for more than a certain number of days late.
When the rent must be paid and how it can be paid.
The amount of the security deposit and what it covers and covers.
The responsibility for paying utilities.
Hoes to handle property maintenance and other rules concerning maintenance.
Who is responsible for making repairs and how much time each has to respond to requests for repairs and maintenance.
Who is responsible for general upkeep of the property.
Landlord’s right to enter the rental property.
Limitations on changes the tenant can make to the property.
Policies for the rental properties, such as pet policies, smoking restrictions, swimming pool use, and common area rules.
Penalties for violating the policies in the lease agreement.
Idaho Security Deposit Law
Security deposits in Idaho are highly regulated by the Idaho Code. The maximum amount a landlord can charge for a security deposit depends on the type of tenancy. If the monthly rent is less than $1,000, the maximum security deposit is half the amount of the monthly rent. However, if the monthly rent is $1,000 or more, the maximum deposit is:
If the deposit is security for both damages and unpaid rent, the deposit cannot exceed the maximum amounts above. If the deposit is security for damages only, the maximum deposit is equal to two months’ rent, regardless of what a month’s rent is. Landlords are required to maintain a listing of all damages withheld from the security deposit and also give the tenant notice of an intent to withhold damages and deduct those damages from the security deposit. The landlord must serve notice of such withholding by mail or personal service by hand delivery or posting on the property. The notice must be provided within 21 days after the earlier of the landlord goes into possession of the dwelling unit, or the expiration of the lease term.
Idaho law provides a very short time period after the landlord provides a listing of damages to return the remaining portion of the deposit. The landlord has 5 days to return the remainder of the deposit. If the landlord fails to abide by this time period, the landlord can be liable to the tenant for damages of up to three times the amount wrongfully withheld and attorney fees.
Idaho Evictions and Tenant Protections
One of the most contentious issues arising out of the landlord-tenant relationship is when a landlord may legitimately evict a tenant. The best course of action for any landlord (or tenant) is to enter into a written lease that spells out the rights of the parties. Idaho law requires landlords who own more than 10 rental units to provide a written lease to tenants. (However, some Idaho cases hold that tenants do not have any leasehold interest in their place of residence absent an express written lease.) The lease should spell out all of the responsibilities of the parties, including whether the rental property will be furnished or unfurnished, the amount of rent, and what happens if either party fails to perform under the lease.
The eviction process in Idaho is based on statute (chapter 25 of title 6 of the Idaho Code). Depending on why the landlord is seeking to evict the tenant, the landlord must follow a different eviction procedure. If the landlord wants to evict the tenant simply because of nonpayment of rent, the landlord does not have to give the tenant any notice before filing the lawsuit. If the landlord is evicting the tenant because the tenant is violating a term of the lease other than the failure to pay rent, the landlord must give the tenant at least three days’ notice of the violation . If, however, the landlord is evicting the tenant because the tenant is committing or allowing a nuisance on the premises, the landlord must only give the tenant 3 days’ notice of the termination of the lease.
If the tenant does not voluntarily vacate the rental unit after the notice period expires, the landlord can then file a lawsuit asking the court to evict the tenant from the premises. This eviction process is called an action in forcible entry and detainer. Idaho courts favor the award of summary judgment to landlords in these actions because of the strong and well-established preference for giving effect to the plain meaning of contracts in the landlord-tenant context. Because there is little room for dispute about what the lease provision requires, courts interpret the lease in accordance with its terms and with minimal interpretation. In other words, the eviction process is readily available to landlords in most circumstances without substantial cost.
Tenants may have some protections under the law if they are being wrongfully evicted. For example, tenants in a residential tenancy are entitled by statute to demand a sworn statement from their landlord that the landlord has paid all taxes and assessments that are currently owing. If the landlord does not provide such statement to the tenant, the tenant has a right to immediately terminate the lease and recover one month’s rent or the actual damages that the tenant has sustained as a result of the non-payment.
Mediation and Legal Remedies in Idaho
When conflicts arise between landlords and tenants, there are a range of options for addressing the issues. Before considering legal action, it is always advisable that both the landlord and tenant attempt to resolve the dispute amicably through open communication. While legally permitted to do so, yelling and screaming at the other party is generally not a good first step. Be civil and try to work out the problem with the other party. If problems persist, or one party believes the other is not being fair, mediation may be available.
Idaho Statute 5-511 is commonly cited for the proposition that the Idaho courts promote mediation as an alternative to full blown litigation. Idaho Supreme Court Rule 52 provides for mediation through Idaho’s court system. Generally, a requesting party will go through the first steps of a lawsuit and then the court will refer the parties to a mediator prior to proceeding any further. The mediator will then meet with each side and their attorneys in an effort to find common ground. Courts generally allow attorneys to appear by phone and/or attend by video-conference.
If, after mediation the parties still have a dispute, it may need to be resolved through a lawsuit. Depending on the remedy requested an action involving a landlord-tenant dispute may be filed in either the Idaho District Court (generally the county courthouse) or the Idaho Magisterial District Court (formerly justice court, they are located in each county and they have jurisdiction over misdemeanor cases). Actions to recover rent or damages in cases exceeding $5,000.00 but not exceeding $10,000.00, in which the rental agreement was made prior to the alleged breach of market value (which is generally applicable for absent proof of the rental agreement) are filed with the Idaho District Court.
Actions to recover rent or damages in cases where the rental agreement was made prior to the alleged breach of market value, but not exceeding $5,000.00 are filed with the Idaho Magisterial District Court. For actions related to breach of the rental agreement where the sum due exceeds $1,000.00 and the rental agreement was made after the alleged breach of the market value, the action may be filed with either the Idaho Magisterial District Court or Idaho District Court. In claims where the amount in controversy is $1,000.00 or less, the parties may sue in the Small Claims Division of the Idaho Magisterial District Court. Cases involving unlawful detainer (eviction actions) are generally brought in the Idaho Magisterial District Court.
In seeking remedies related to unlawful detainer, a landlord must provide 3 days’ notice to the tenant and the rental agreement should comply with Chapter 42 (See Idaho Code section 42-2501 through 42-2509). The required notices vary depending on the circumstances. If, for example, the noncompliance is based on non-payment of rent, the landlord must provide the tenant with a written 3-day notice to pay rent or vacate the unit (Idaho Code section 6-303). If other non-compliance exists, a proper 3-day notice must be provided (Idaho Code section 6-302). If the tenant breaches a term of the rental agreement other than the timely payment of rent, the landlord may give written 3-day notice requiring the tenant to remedy the breach within that time or to vacate the premises. Alternatively, if the tenant’s breach of the rental agreement is so material that it can’t be cured, the landlord may terminate the rental agreement effective in three days.
If the mutual rental agreement is in writing a 3-day notice may also be provided under the requirement of a 3-day notice to deliver possession of the premises under Idaho Code 6-302.
For both landlords and tenants, preparation is essential. There are many resources available to help individuals prepare for and protect their rights in Idaho’s landlord-tenant system.
Recent Changes and Updates Affecting the Landlord-Tenant Relationship
Idaho’s landlord-tenant laws continue to evolve, with the October 1, 2017 implementation of the Rental Housing and Eviction Protections Act (S1151). The Act affects how certain notices may be served on tenants, including notices of nonpayment and five-day notices. Under the Act, notices of nonpayment should contain the following legend: "Notice: This is a written notice of nonpayment. You are not legally required to send any payments until the judgment has been paid."
The Act also provides that a notice given under the Idaho Forcible Entry and Detainer Act must contain the following information:
a. To date and time of the expiration of the notice.
b. [The] name of the tenant or tenants.
c. [Name of the] owner or owners.
d. [The] [address] of the property or parcel number.
e. [Request to] Contact [the] landlord or landlord’s representative.
The Act identifies a template form for the notice, which includes instructions to the landlord at the bottom. If the landlord is a corporation, the notice must give the phone number of a responsible corporate officer or similar corporate agent. Further, if a corporate officer or similar agent is not available in Idaho, the notice must identify an alternative responsible person, such as the general agent for service of process for the corporation.
Eviction lawsuits must be filed in the same justice court as the residence of the tenant. If the location of the premises is unknown, the action must be brought in the justice court where the landlord resides. While no hard and fast rules are available, it appears the Act precludes landlords from initiating an eviction notice based on failure to pay rent unless the landlord has filed a lawsuit. The Act is unclear on whether a landlord must commence with a lawsuit in order to serve a five-day notice.
The Act accepts the concept of constructive notice, meaning that notice sent via email, text, or written notice left on the door may constitute proper notice under the law. The Act also appears to allow the nonprofit advocate for tenants to accept service on a tenant’s behalf, despite an agent for service of process still being required to be designated.
Idaho Landlord and Tenant Resources
Resources are available to both landlords and tenants in Idaho. In addition to my blog, here are some of the resources I reference when meeting with a landlord or tenant:
Legal Aid Services for Landlords and Tenants
I am listing these organizations alphabetically rather than in order of preference or importance.
Housing & Urban Development (HUD)
Housing authorities often have resources for both landlords and tenants. For example, if a tenant is receiving Section 8 assistance, a new landlord may have to go through the housing authority before the tenant can move in. If the tenant has problems getting repairs made on their unit, the housing authority may be able to assist them. Even though the housing authority’s primary role is to assist low-income renters, they can help landlords also.
Information for Landlords from the Idaho Real Estate Commission
Idaho Legal Aid Services
Legal Aid of Southwestern Idaho helps low-income people obtain legal advice and representation at no cost. People must qualify based on their income and the type of legal issue. Citizens who qualify for legal aid may include low and moderate-income workers, the elderly, domestic abuse victims, children in crisis, and others.
Mediation Services
Idaho Legal Services advocates for using mediation to resolve housing issues. The information they have on using mediation is here .
Tenant Advocate Process (Idaho Falls)
The Housing Authority of Idaho Falls has appointed an ombudsman to advocate for tenants at each HAI complex. The tenants elect an advocate, who must be a tenant at the specific complex.
Your Rights and Responsibilities as a Tenant (Deer Park)
The Deer Park Tenant Handbook is not state law, but a guide. Resources for tenants include: animal control ordinance, damage deposits, rent increase, video surveillance in rental properties, water charges in rental properties, and military member lease laws.
Privacy Law
It is a generally accepted principle that a landlord has the right to enter the rental dwelling during reasonable hours in order to make necessary or agreed upon repairs. A landlord also has the right to inspect the premises to enforce the tenant’s obligations. But, there are restrictions on landlords entering dwellings. Failure to notify a tenant of an entry or to give a written report of any repairs may result in monetary damages to the tenant of $100 or more.
Tenant Notices & Questions?
A tenant receiving a 3-day or 30-day notice to pay rent or vacate often has questions about their rights and obligations. Other notices, like notices of rental increase or entry, often bring questions to my office as well. I usually respond with the best answer I can give based on the email questions. I often refer to the district court self-help centers.