Idaho Lease Agreements | Residential & Commercial

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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 type of 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 (1st) month’s rent and the security deposit (if any).

Rental Application – To be used just before authorizing a lease as it is a way to verify the financial capability of the tenant in addition to employment, background, and previous landlord history.

Table of Contents

Agreement Types (6)


Commercial Lease Agreement – For any type of property or space for the use of business activity.

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Month-to-Month Lease Agreement – Referred to as a “tenancy at will” which is a contract with no end date yet according to § 55-208 may be canceled by landlord or tenant with at least one (1) month’s notice.

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Rent-to-Own Lease Agreement – A common rental contract with the added provision of purchasing the property.

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Room Rental (Roommate) Agreement – Between the members of a shared housing situation and not with the landlord or agent of the property.

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Standard Residential Lease Agreement – Common twelve (12) month arrangement between a landlord and tenant, although may be used for any fixed period.

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Sublease Agreement – Used by a tenant who would like to rent the residence they are currently under a binding arrangement to another individual, known as the ‘sublessee’, for a period of time no longer than their current lease. Usually, the landlord’s consent is required.

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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.

Access

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 advanced notice in order to maintain a healthy landlord-tenant relationship.

Security Deposits

Maximum – There is no State cap. 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 from the move-out date. However, it may be sent back up to thirty (30) days from the move-out date only if the thirty (30) day period is stated in the agreement.

Laws

Commercial – Title 28, Chapter 12

Residential – Title 6, Chapter 3 – *Also see the Idaho Attorney General’s Landlord and Tenant Guidelines

(Video) What are the Idaho Rental Laws?