Idaho Lease Agreements (6) | Residential & Commercial

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Updated January 12, 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).

Rental Application – Used to screen a tenant before authorizing a lease to verify their financial capability in addition to employment, background, and previous landlord history.

Table of Contents

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. Per § 55-208, it may be canceled by the landlord or tenant with at least one 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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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.

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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