At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Landlords may charge any amount |
| Rent control? | No | State preemption law prohibits local rent control |
| Required notice to raise rent? | 15 days | For month-to-month tenancies |
| Lease required in writing? | No | Oral leases are enforceable, though written leases are recommended |
| Landlord entry notice? | No statute | Reasonable notice implied by common law |
Security Deposits
Idaho does not impose a statutory limit on the amount a landlord may charge as a security deposit. Landlords are free to set any deposit amount they consider appropriate.
Landlords must return the security deposit within 21 days of the tenant vacating the unit, or up to 30 days if the lease agreement specifies the longer period. The return must include an itemized statement of any deductions. If the landlord fails to provide the statement or return the deposit within the required timeframe, the landlord may forfeit the right to withhold any portion of the deposit.
Eviction Procedures
Idaho requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are prohibited.
Notice Requirements
- 3-Day Notice: For nonpayment of rent
- 3-Day Notice: For lease violations or engaging in illegal activity on the premises
- 30-Day Notice: For termination of a month-to-month tenancy without cause
- Immediate: For certain drug-related criminal activity
Idaho allows relatively short notice periods compared to many other states, reflecting the state's landlord-friendly legal framework.
Rent Control
Idaho does not have any form of rent control. The state has enacted a preemption law that prohibits cities and counties from adopting local rent control ordinances. Landlords may raise rent by any amount, provided they give proper notice (15 days for month-to-month tenancies).
Lease Agreements
Idaho does not require leases to be in writing, and oral agreements are generally enforceable. However, under the Statute of Frauds, leases for longer than one year must be in writing. Written leases are strongly recommended to avoid disputes.
Required Disclosures
Idaho landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties, federal requirement)
- Known hazards: Landlords must disclose any known material defects that could affect the health or safety of the tenant
- Shared utilities: If utilities are shared between units, this must be disclosed
Tenant Rights
Idaho provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in a condition fit for human habitation, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or requesting repairs
- Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status
- Right to privacy: Although Idaho does not have a specific statute requiring landlord entry notice, reasonable notice is implied under common law
- Essential services: Landlords may not willfully interrupt essential services such as water, heat, or electricity