Updated November 20, 2023
An Idaho lease agreement is a rental contract between a landlord and a tenant. The landlord will commonly request to view the tenant’s credentials through a rental application prior to offering any agreement. Before the tenant can take occupancy, the landlord will require payment of the first month’s rent and the security deposit (if any).
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Agreement Types (6)
 Standard Residential Lease Agreement – A fixed-period arrangement between a landlord and tenant, typically for one year.
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 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. It may be canceled by the landlord or tenant with at least one month’s notice.[1]
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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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 Sublease Agreement – Used by a tenant to rent out 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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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.
Separate Bank Account – If the rental property is managed by a third-party agent, the deposit must be held in a dedicated bank account separate from the agent’s operating account.[2]
Returning to Tenant – The landlord must return the deposit within 21 days, unless another period no longer than 30 days is specified in the lease.[3]
- Itemized List – If the full amount is not returned, a written statement itemizing the costs and reasons for the deductions must be provided to the tenant.
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.
Maximum Late Fee – Any fees specified in the lease agreement, including fees for late rent, must be reasonable.[4]
NSF Fee – The maximum fee for a bad check is $20 or the amount of the check, whichever is less.[5]
Withholding Rent – Tenants do not have the right to withhold rent if the landlord fails to make essential repairs, but if the landlord fails to cure the defect within three days of receiving notice, the tenant can file a court complaint.[6]