Idaho Landlord Tenant Law and Regulations
What are key elements a landlord should know about the application/tenant screening process?
It is not required for a landlord to run a credit check before approving a tenant’s application. Before running a prospective tenants credit, a landlord must get written consent. If a prospective tenant’s application is denied because of poor credit information the landlord must give the reason the application was rejected, the information of the credit reporting agency, and the right to acquire a copy of the report at no cost, from the credit reporting agency.
What types of agreements are permitted?
Landlords may establish a written lease or an oral lease. If the landlord decides to go the route of an oral lease it must be less than a one year term. Oral leases are not recommended because it is hard to hold liability to a conversation.
Are their restrictions on the amount a landlord may collect as a security deposit, late rent fee, or any other charges?
Idaho has no laws or restrictions on the amount of security deposit a landlord may charge. There are also no restrictions or limits established on the collection of a late fee. All fees should remain reasonable and related to the landlord's actual expenses incurred. With regards to returned payments, assessed fees should not exceed $20.
What are the procedures to be followed with security deposits after a tenant moves out?
The security deposit shall be refunded within 21 days. If no time frame is specified within the lease agreement, the security deposit or list of deductions must be refunded no later than 30 days after tenant surrenders possession of the premises.
How much notice must be given to end an Idaho lease agreement?
A Month to Month Lease may be terminated by either party issuing a one months written notice prior to the end of the rental period. A Fixed Term Lease will automatically renew unless a landlord issues a 90 day written notice to the tenant of intent to not renew. The tenant is required to give the landlord 30 days written notice of the intent to not renew..
What circumstances must a landlord release a tenant?
Landlords must release their tenant from the rental agreement if the tenant is called to active military duty. A landlord may be compelled to release a tenant, if the rental unit or premises is deemed unlivable by a casualty or fire, not caused by the tenant.
Is it required by law for a tenant to obtain renters insurance?
It is not required by Idaho law for tenants to obtain renters insurance, but a landlords may require a tenant to obtain rental insurance, and could make the failure to do so a breach of the lease.
May a landlord establish a “No Smoking” policy?
A landlord may set his/her own smoking policy in the lease as long as it is not discriminatory.
How much notice is required for a landlord to enter the rented premises?
There are no statutory requirements to the amount of notice required before a landlord may enter the leased premises. Landlords should exercise caution and use common sense when they need to gain entrance into the leased premises.
Aside from the lease agreement, are there any additional documents necessary?
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.