Updated May 25, 2023
An Idaho lease agreement is a document that allows a landlord to write a contract with a tenant for the use of property in exchange for rent. The landlord will commonly request to view the tenant’s credentials through a rental application prior to agreeing to any agreement. The tenant may be charged a fee for this verification, and upon approval, a lease may be signed between the parties.
Before the tenant can take occupancy, the landlord will require payment of the first month’s rent and the security deposit (if any).
Table of Contents |
Agreement Types (6)
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![]() Download: Adobe PDF, MS Word, OpenDocument |
![]() Download: Adobe PDF, MS Word, OpenDocument |
![]() Download: Adobe PDF, MS Word, OpenDocument |
Required Disclosures (1)
Lead-Based Paint Disclosure – Must be completed by the landlord and signed by both landlord and tenant if the building was constructed prior to 1978.
Security Deposits
Maximum Amount – There is no state maximum. The landlord may ask for as much as they want from the tenant.
Returning (§ 6-321) – If it does not say in the agreement, the landlord must send the deposit to the tenant within twenty-one (21) days for verbal agreements or if the return period is not mentioned in the lease. However, it may be sent back up to thirty (30) days from the move-out date if it is mentioned in the lease.
When is Rent Due? (Grace Period)
There is no statutory grace period in Idaho. Therefore, rent is due on the date mentioned in the lease. If the rent is not paid, the landlord can use the 3-day notice to quit.
Late Fees
Maximum Penalty – Idaho does not govern rent late fees. Therefore, a landlord can charge any amount to the tenant.
NSF Fee (§ 28-22-105) – $20 or the amount of the check, whichever is less.
Right to Enter (Landlord)
There is no state law providing that the landlord must give notice to the tenant before entering the premises for maintenance or any other issue. It should be recommended that the landlord at least give written notice to maintain a healthy landlord-tenant relationship.
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Resources
- Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer) – From the Idaho code.
- Landlord and Tenant Manual – From the Office of the Attorney General.
- Landlord and Tenant Rights and Responsibilities – Provided by the Idaho Legal Aid.