Idaho Landlord-Tenant Law
The rules for renting in Idaho — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Idaho
- Security deposit limit
- No statutory cap on the amount of a security deposit. Idaho Code § 6-321
- Deposit return deadline
- 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321
- Notice for unpaid rent
- 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Idaho Code § 6-303(2)
- Ending a month-to-month lease
- Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect. Idaho Code §§ 55-208, 55-304(2)
- Landlord entry notice
- No statute. Entry rights are governed by the lease; the AG advises that absent a lease clause the landlord should explain why entry is needed and agree with the tenant on a reasonable time and manner. Idaho AG Landlord and Tenant Manual (July 2026), 'The Tenant's Right to Privacy'
- Rent control / increase limits
- Local rent control is preempted. Cities, counties and other local governments may not adopt or enforce laws that set the rent, fees or deposits owners may charge on private residential property, or compel owners to participate in optional federal housing assistance programs. No statewide cap. Idaho Code § 55-306
Last verified against official sources: 2026-10-22
Security Deposits in Idaho
| Security deposit limit | No statutory cap on the amount of a security deposit. § 6-321 regulates refund of deposits but sets no maximum. § 55-306 (added 2025) also bars local governments from regulating the deposits owners may charge. Source: Idaho Code § 6-321 |
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| Deposit return deadline | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. AG manual (July 2026) confirms the 21-day rule, adjustable by agreement up to 30 days. Source: Idaho Code § 6-321 |
| Itemized deductions | If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. Source: Idaho Code § 6-321 |
| Interest on deposits | No statute requires landlords to pay interest on deposits. § 6-321 contains no interest requirement. It does require third-party property managers to hold residential deposits in a separate account at a federally insured institution (owners and certain others exempt). Source: Idaho Code § 6-321 |
| Penalty for withholding | Tenant may sue for failure to return a deposit as required by law (after a 3-day written notice to the landlord); the court may enter judgment for up to three times actual damages, plus costs and attorney fees. § 6-320(a) lists failure to return a deposit as an actionable landlord breach and requires 3 days' written notice before suing (https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-320/); § 6-317 allows treble damages in actions under § 6-320 ('may', discretionary). AG manual describes the same remedy. |
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Eviction in Idaho
| Notice for unpaid rent | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Source: Idaho Code § 6-303(2) |
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| Notice for lease violations | 3 days' written notice requiring performance or possession; tenant may cure within the 3 days. No cure notice is needed if the breached covenant cannot later be performed. Assigning/subletting or committing waste contrary to the lease terminates it (3-day notice to quit). Controlled-substance activity: 3-day notice with no right to cure. No-cure rule for drug activity per AG manual (July 2026). Source: Idaho Code § 6-303(3)-(5) |
| Lockouts & utility shutoffs | Self-help eviction is unlawful: a landlord may not shut off utilities, change locks, confiscate the tenant's property, or do anything other than file a lawful eviction. A party who recovers damages for forcible or unlawful entry or detainer may be awarded up to three times actual damages. Treble damages: https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-317/. A landlord may shut off a utility for a reasonable time for repairs (AG manual). |
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Notice to Vacate in Idaho
| Ending a month-to-month lease | Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect. § 55-304 (amended 2024, ch. 257; redesignated 2025, ch. 65 — formerly § 55-307): https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH3/SECT55-304/. AG manual notes tenants in subsidized housing may require good cause for a 30-day notice. Source: Idaho Code §§ 55-208, 55-304(2) |
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Landlord Entry in Idaho
| Landlord entry notice | No statute. Entry rights are governed by the lease; the AG advises that absent a lease clause the landlord should explain why entry is needed and agree with the tenant on a reasonable time and manner. Manufactured home park lots have separate entry rules in the Manufactured Home Residency Act (Title 55, Ch. 20). |
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Repairs & Habitability in Idaho
| Repair and deduct | Not generally allowed. Only exception: if the landlord fails to install required smoke detectors within 72 hours after certified-mail notice, the tenant may install them and deduct the cost from the next month's rent. AG manual (July 2026) states Idaho law generally does not allow repair-and-deduct; the smoke-detector provision is the sole exception. Source: Idaho Code § 6-320(a) |
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| Withholding rent | Not allowed. Tenant's remedy for habitability failures is a lawsuit for damages and/or specific performance after 3 days' written notice to cure; specific-performance-only cases get a trial within 12 days of filing. AG manual: 'Generally, Idaho law does not allow tenants to withhold rent based on unsafe living conditions.' https://www.ag.idaho.gov/content/uploads/2026/07/LandlordTenant.pdf |
| Retaliation protection | No statute — Idaho has no general anti-retaliation statute for residential tenants. The Idaho Attorney General's Landlord and Tenant Manual says a landlord may not evict a tenant for asking for repairs or joining a tenants' association, but it cites no statute and sets no presumption period. Tenants in manufactured home communities are protected by statute: the landlord may not end or refuse to renew the tenancy, raise rent, cut services, or threaten eviction because the resident complained in good faith to a code agency or to the landlord, joined or led a resident association, or hired a lawyer or agent. The AG manual's statement is guidance, not a statute: https://www.ag.idaho.gov/content/uploads/2026/07/LandlordTenant.pdf. Tenants who believe an eviction is retaliatory should get legal advice; whether a court will recognize a retaliation defense outside manufactured home communities is uncertain. |
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Rent Increases & Late Fees in Idaho
| Rent control / increase limits | Local rent control is preempted. Cities, counties and other local governments may not adopt or enforce laws that set the rent, fees or deposits owners may charge on private residential property, or compel owners to participate in optional federal housing assistance programs. No statewide cap. Section added 2025, ch. 65. Does not restrict local governments' management of property they own. Source: Idaho Code § 55-306 |
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| Late fees | No numeric cap or grace period. All fees, including late fees, must be reasonable and may not exceed the amount stated in the rental agreement; a fee not in a written agreement can be added only with 30 days' written notice. Added 2023 (ch. 67, as § 55-314), applies to agreements entered into or renewed on or after July 1, 2023; redesignated § 55-305 in 2025 (ch. 65). Source: Idaho Code § 55-305 |
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Squatters & Abandoned Property in Idaho
| Squatters / unauthorized occupants | Sheriff removal without a lawsuit. A property owner (or authorized agent) may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, under penalty of perjury, with government ID or proof of agency) if: the occupants entered unlawfully and remain; the property was not open to the public; the owner told them to leave; they are not current or former tenants under an owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-restitution service fee, plus an hourly stand-by fee if requested while locks are changed and belongings moved to the property line. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Added 2025 (ch. 222), amended 2026 (ch. 82). Does not limit arrest for trespass, vandalism or theft (§ 6-310A(7)). Source: Idaho Code § 6-310A |
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| Belongings left behind | After a judgment for possession, a residential tenant has 72 hours to remove belongings (7 days for commercial tenants or tracts of 5+ acres). After that period and 3 days after the court's finding, the sheriff restores possession by removing the tenant, and the landlord may remove and dispose of all remaining property (including vehicles removable under § 49-1806), subject to security interests, without compensation to the tenant. The 3-day nonpayment notice must warn the tenant of this removal period. No statute found on belongings left after a voluntary move-out or abandonment without a court judgment. Source: Idaho Code §§ 6-316(2), 6-303(2) |
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Rental Fees in Idaho
| Other rental fees | Any fee charged to a residential tenant, including late fees, must be reasonable. The owner may not charge any fee, fine, assessment, interest or other cost above the amount in the rental agreement, or one not in the agreement, unless the agreement is oral or the owner gives 30 days' written notice of the change. Applies to rental agreements entered into or renewed on or after July 1, 2023; does not limit rent. Local governments may not regulate rent, fees or deposits. § 55-306 at https://legislature.idaho.gov/statutesrules/idstat/Title55/T55CH3/SECT55-306/. No total-cost-of-rent or online-payment-fee rule found. Source: Idaho Code §§ 55-305, 55-306 |
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Section 8, Records & Right to Counsel in Idaho
| Section 8 / source of income | No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Since 2025, local governments may not require owners to participate in optional federal housing assistance programs (e.g., Housing Choice Vouchers). § 67-5909 at https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH59/SECT67-5909/ (opening protected-class list read; full disability/familial-status wording not reviewed). Source: Idaho Code §§ 67-5909, 55-306 |
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| Eviction record sealing | Automatic shielding (no petition) for unlawful detainer cases filed on or after Jan. 1, 2025, if the entire case was dismissed, no appeal is pending, and either 3 years have passed since filing or the parties filed a stipulation to shield. Shielded records are removed from public view but remain available to the parties and court staff. Any party may also petition to seal eviction records under Idaho Supreme Court administrative rules. Added 2024, ch. 269. Implementation is subject to Supreme Court rules and court record-system capabilities (§ 6-303A(3)). Source: Idaho Code § 6-303A |
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Mold, Pests, Heat & AC in Idaho
| Mold | No statute — Idaho has no mold-specific landlord-tenant law and no state agency that regulates mold inspection or removal in rentals. Mold is handled under the tenant's right to sue a landlord who maintains the premises in a manner hazardous to health or safety, fails to provide reasonable waterproofing and weather protection, or fails to maintain plumbing and ventilation facilities. The Attorney General advises tenants to report leaks, excess moisture, or recurring mold to the landlord immediately. Before suing under § 6-320, the tenant must give the landlord 3 days' written notice listing each problem and demanding cure (§ 6-320(d)). The Department of Health and Welfare's Indoor Environment Program provides education only. |
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| Pests & bed bugs | No statute — Idaho law does not specifically assign pest or bed-bug treatment or require a bed-bug disclosure. The Attorney General lists insect infestations as an example of a condition that may violate housing standards and the landlord's duty not to maintain the premises in a manner hazardous to health or safety. The lease may allocate routine pest control; local housing codes may add requirements. |
| Heat | No statute sets a minimum temperature or requires landlords to supply heat, but a tenant may sue a landlord who fails to maintain in good working order heating facilities the landlord supplied. The Attorney General lists nonfunctioning heating units as a condition that may violate housing standards. Separately, Public Utilities Commission rules bar regulated utilities from shutting off gas or electric heat for nonpayment in December–February for households with children, elderly, or ill members (AG Manual, p. 16); this binds utilities, not landlords. |
| Air conditioning | No statute requires landlords to provide air conditioning or sets a maximum indoor temperature. If the landlord supplies cooling facilities, the landlord must keep them in good working order, and a tenant may sue for damages and specific performance if it does not. The 3-day written notice and cure requirement in § 6-320(d) applies. Source: Idaho Code § 6-320(a)(2) |
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Privacy, Guests & Animals in Idaho
| Cameras & privacy | No landlord-specific statute. Installing or using (or permitting) an imaging device where a person has a reasonable expectation of privacy, without the person's knowledge or consent, for sexual gratification or to degrade or abuse, is felony video voyeurism; 'reasonable expectation of privacy' includes places where a person might reasonably expect to be safe from casual or hostile surveillance. Intercepting oral communications is a felony unless one party consents. Idaho has no statutory notice period for landlord entry; the AG advises that the lease set entry terms or that the landlord notify the tenant and agree on a reasonable time. Video voyeurism was renumbered from § 18-6609 to § 18-6605 in 2022 and amended again in 2026 (ch. 121). Interception statute: https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH67/SECT18-6702/ |
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| Guests & occupants | No statute — the lease governs guests, occupants, and roommates. The Attorney General notes that a valid occupancy policy limiting the number of people per unit, based on health and safety standards, is a lawful basis for refusing an applicant. A separate limited procedure allows removal of unauthorized persons who are not tenants. Tenants are responsible for damage caused by invitees or guests (§ 6-321(1)). |
| Service & support animals (state law) | Idaho has no statute specific to emotional support animals in rental housing (no state ESA documentation rule or ESA fee rule). State law defines a service dog (emotional support does not count as work or tasks), gives individuals with disabilities the right to be accompanied by a service dog in public accommodations, hotels, and lodging houses without extra charge (but liable for damage), and makes it a misdemeanor for a person without a disability to use an assistance animal or service dog to try to gain treatment or benefits as a person with a disability. Rental-housing accommodation requests are governed by federal and state fair-housing law; the Attorney General states that support, service, and companion animals are not legally 'pets.' Sections 56-701A, 56-704 and 18-5811A were last amended in 2019. Section 18-5811A does not specifically mention rental housing. |
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How eviction works in Idaho
Eviction cases are heard in: Idaho District Court (magistrate division) in the county where the property is located.
- Serve written notice: 3-day notice to pay or quit (nonpayment), 3-day notice to cure or quit (lease violation), or at least one month's notice to end a tenancy at will
- File a verified unlawful detainer complaint
- Nonpayment/drug cases (land 5 acres or less): court sets trial within 12 days of filing; summons, complaint and trial notice served at least 5 days before trial
- Other cases: tenant has 21 days to answer (AG manual)
- Judgment for possession; the tenant may be granted only a 2-day continuance unless security is posted
- Residential tenant has 72 hours after judgment to remove belongings; sheriff restores possession under a writ of restitution
Expedited (nonpayment / controlled substance): trial within 12 days of filing, with service at least 5 days before trial. Ordinary unlawful detainer: 21 days to answer.
Source: Idaho Code §§ 6-303, 6-310, 6-311, 6-316
What surprises people about Idaho rental law
- Idaho's small claims limit rose from $5,000 to $15,000 on July 1, 2026 (Idaho Code § 1-2301, 2026 ch. 196)
- Eviction records are automatically shielded from public view if the whole case was dismissed and 3 years have passed, for cases filed on or after Jan. 1, 2025 (Idaho Code § 6-303A, added 2024)
- Residential leases require at least 30 days' written notice before a rent increase or non-renewal (Idaho Code § 55-304(2))
- Landlords may not charge any fee that is not in the rental agreement without 30 days' written notice, and all fees must be reasonable (Idaho Code § 55-305, effective July 1, 2023)
- Rent withholding and repair-and-deduct are not allowed, except a tenant may install missing smoke detectors and deduct the cost (Idaho Code § 6-320; AG Landlord and Tenant Manual)
- Damages for forcible entry/unlawful detainer and for tenant actions under § 6-320 (including deposit claims) can be tripled (Idaho Code § 6-317)
- Evicted residential tenants have 72 hours to remove belongings before the landlord may dispose of them (Idaho Code § 6-316)
Federal law that also applies in Idaho
These federal rules apply on top of Idaho law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Idaho
These cities add their own tenant protections on top of state law:
Eviction by county in Idaho
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in Idaho — steps, cost, timeline and forms.
Common Idaho questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Idaho compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Idaho | No statutory cap on the amount of a security deposit. Idaho Code § 6-321 | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321 | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Idaho Code § 6-303(2) |
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) |
| Nevada | Security deposit plus any surety bond may not total more than 3 months' periodic rent. NRS 118A.242(1) | 30 days after termination of the tenancy. NRS 118A.242(4) | Written notice to pay rent or surrender by the close of business on the 7th judicial day after service (summary eviction). For rent reserved weekly or less where the tenancy has lasted 45 days or less: by noon on the 4th full day after service. NRS 40.253(1) |
| Oregon | No statutory cap on the amount of a security deposit. ORS 90.300 | 31 days after the tenancy terminates and the tenant delivers possession. ORS 90.300(12)-(13) | Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. ORS 90.394 |
| Utah | No statutory cap. Utah Code 57-17-1 to 57-17-5 | No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Utah Code 57-17-3(2)-(5) | 3 business days' written notice to pay rent and other amounts due or surrender the premises. Utah Code 78B-6-802(1)(c) |
| Washington | No statutory cap on a residential security deposit. A holding fee/deposit to secure a unit may not exceed 25% of the first month's rent, and tenants may request to pay deposits, nonrefundable fees and last month's rent in installments (3 equal monthly installments for terms of 3 months or more; 2 otherwise). RCW 59.18.260; RCW 59.18.610 | 30 days after the rental agreement terminates and the tenant vacates (or 30 days after the landlord learns of abandonment). RCW 59.18.280(1) | 14-day notice to pay rent or vacate, in the statutory form. RCW 59.12.030(3); RCW 59.18.057 |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 |
Idaho landlord-tenant FAQ
How much can a landlord charge for a security deposit in Idaho?
No statutory cap on the amount of a security deposit. (Idaho Code § 6-321)
How long does a landlord have to return a security deposit in Idaho?
21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. (Idaho Code § 6-321)
Does a landlord have to pay interest on a security deposit in Idaho?
No statute requires landlords to pay interest on deposits. (Idaho Code § 6-321)
Does a landlord in Idaho have to give an itemized list of deposit deductions?
If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. (Idaho Code § 6-321)
What happens if a landlord in Idaho wrongfully keeps a security deposit?
Tenant may sue for failure to return a deposit as required by law (after a 3-day written notice to the landlord); the court may enter judgment for up to three times actual damages, plus costs and attorney fees. (Idaho Code §§ 6-320(a), 6-317, 6-324)
How much notice does a landlord have to give before evicting for unpaid rent in Idaho?
3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. (Idaho Code § 6-303(2))
How much notice is required to evict for a lease violation in Idaho?
3 days' written notice requiring performance or possession; tenant may cure within the 3 days. No cure notice is needed if the breached covenant cannot later be performed. Assigning/subletting or committing waste contrary to the lease terminates it (3-day notice to quit). Controlled-substance activity: 3-day notice with no right to cure. (Idaho Code § 6-303(3)-(5))
How much notice is needed to end a month-to-month lease in Idaho?
Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect. (Idaho Code §§ 55-208, 55-304(2))
Can a landlord enter without notice in Idaho?
No statute. Entry rights are governed by the lease; the AG advises that absent a lease clause the landlord should explain why entry is needed and agree with the tenant on a reasonable time and manner. (Idaho AG Landlord and Tenant Manual (July 2026), 'The Tenant's Right to Privacy')
Is there a limit on late fees in Idaho?
No numeric cap or grace period. All fees, including late fees, must be reasonable and may not exceed the amount stated in the rental agreement; a fee not in a written agreement can be added only with 30 days' written notice. (Idaho Code § 55-305)
Can a tenant repair and deduct from rent in Idaho?
Not generally allowed. Only exception: if the landlord fails to install required smoke detectors within 72 hours after certified-mail notice, the tenant may install them and deduct the cost from the next month's rent. (Idaho Code § 6-320(a))
Can a tenant withhold rent for repairs in Idaho?
Not allowed. Tenant's remedy for habitability failures is a lawsuit for damages and/or specific performance after 3 days' written notice to cure; specific-performance-only cases get a trial within 12 days of filing. (Idaho Code § 6-320; Idaho AG Manual 'Withholding Rent')
Can a landlord retaliate against a tenant for complaining in Idaho?
No statute — Idaho has no general anti-retaliation statute for residential tenants. The Idaho Attorney General's Landlord and Tenant Manual says a landlord may not evict a tenant for asking for repairs or joining a tenants' association, but it cites no statute and sets no presumption period. Tenants in manufactured home communities are protected by statute: the landlord may not end or refuse to renew the tenancy, raise rent, cut services, or threaten eviction because the resident complained in good faith to a code agency or to the landlord, joined or led a resident association, or hired a lawyer or agent. (No statute (Idaho Code Title 6 ch. 3 and Title 55 chs. 2-3 checked); Idaho Code § 55-2015 (manufactured home communities only))
Is there rent control or a limit on rent increases in Idaho?
Local rent control is preempted. Cities, counties and other local governments may not adopt or enforce laws that set the rent, fees or deposits owners may charge on private residential property, or compel owners to participate in optional federal housing assistance programs. No statewide cap. (Idaho Code § 55-306)
Can a landlord change the locks or shut off utilities in Idaho?
Self-help eviction is unlawful: a landlord may not shut off utilities, change locks, confiscate the tenant's property, or do anything other than file a lawful eviction. A party who recovers damages for forcible or unlawful entry or detainer may be awarded up to three times actual damages. (Idaho AG Manual 'Unlawful Evictions'; Idaho Code § 6-317)
What is the small claims court limit in Idaho for a deposit dispute?
$15,000 (effective July 1, 2026; previously $5,000). (Idaho Code § 1-2301 (am. 2026, ch. 196 — S1330))
How do you remove a squatter in Idaho?
Sheriff removal without a lawsuit. A property owner (or authorized agent) may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, under penalty of perjury, with government ID or proof of agency) if: the occupants entered unlawfully and remain; the property was not open to the public; the owner told them to leave; they are not current or former tenants under an owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-restitution service fee, plus an hourly stand-by fee if requested while locks are changed and belongings moved to the property line. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. (Idaho Code § 6-310A)
What can a landlord do with a tenant's abandoned property in Idaho?
After a judgment for possession, a residential tenant has 72 hours to remove belongings (7 days for commercial tenants or tracts of 5+ acres). After that period and 3 days after the court's finding, the sheriff restores possession by removing the tenant, and the landlord may remove and dispose of all remaining property (including vehicles removable under § 49-1806), subject to security interests, without compensation to the tenant. The 3-day nonpayment notice must warn the tenant of this removal period. (Idaho Code §§ 6-316(2), 6-303(2))
What rental fees are banned or limited in Idaho?
Any fee charged to a residential tenant, including late fees, must be reasonable. The owner may not charge any fee, fine, assessment, interest or other cost above the amount in the rental agreement, or one not in the agreement, unless the agreement is oral or the owner gives 30 days' written notice of the change. Applies to rental agreements entered into or renewed on or after July 1, 2023; does not limit rent. Local governments may not regulate rent, fees or deposits. (Idaho Code §§ 55-305, 55-306)
Can an eviction record be sealed or removed in Idaho?
Automatic shielding (no petition) for unlawful detainer cases filed on or after Jan. 1, 2025, if the entire case was dismissed, no appeal is pending, and either 3 years have passed since filing or the parties filed a stipulation to shield. Shielded records are removed from public view but remain available to the parties and court staff. Any party may also petition to seal eviction records under Idaho Supreme Court administrative rules. (Idaho Code § 6-303A)
Can a landlord refuse Section 8 vouchers in Idaho?
No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Since 2025, local governments may not require owners to participate in optional federal housing assistance programs (e.g., Housing Choice Vouchers). (Idaho Code §§ 67-5909, 55-306)
What does a Idaho notice to pay rent or quit have to include?
A 3-day written notice requiring payment or possession that states the amount due and tells the tenant that, if the court enters judgment, a residential tenant will have 72 hours (commercial or 5+ acre tenants 7 days or longer if granted) to remove belongings before the landlord may remove and dispose of them. May be served any time within 1 year after rent is due; also served on any subtenant. Service: personal delivery; or, if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion there plus mailing to the residence; or, if neither can be done, posting conspicuously on the property, delivering a copy to a resident if found, and mailing to the property address. (Idaho Code §§ 6-303(2), 6-304)
What does a Idaho notice to end a month-to-month tenancy have to include?
Landlord: written notice to remove from the premises within a period of not less than 1 month specified in the notice, served in the manner prescribed by the code of civil procedure. Tenant: written notice of the vacating date, at least 1 month after the notice date. No required wording. (Idaho Code § 55-208)
What must a Idaho security deposit itemization include?
If less than the full deposit is refunded, the refund must be accompanied by a signed statement itemizing the amounts kept, the purpose of each, and a detailed list of expenditures made from the deposit. Due within 21 days after surrender if the lease sets no time (never more than 30 days). No deduction for normal wear and tear. The statute does not specify a delivery method. (Idaho Code § 6-321(1)-(2))
How long does a landlord have to sue for unpaid rent in Idaho?
5 years for an action on a contract founded on a written instrument, such as a written lease; 4 years for a contract not founded on a writing, such as an oral lease. (Idaho Code §§ 5-216, 5-217)
Can a landlord accept rent during an eviction in Idaho?
No statute — Idaho's unlawful detainer and landlord-tenant statutes (Idaho Code Title 6 ch. 3; Title 55 chs. 2-3) do not say whether accepting rent after a notice or during an eviction waives it. That question is left to case law and the lease. The statute does let the tenant (or a subtenant, mortgagee, or other interested person) save the lease from forfeiture by performing or paying within the 3-day notice period for a non-rent lease violation. (Idaho Code Title 6, ch. 3 (incl. § 6-303(3)); Title 55, chs. 2-3)
Can you be evicted in the winter in Idaho?
No statute — Idaho's landlord-tenant statutes (Title 6 ch. 3; Title 55 chs. 2-3) have no cold-weather or winter limit on evictions. (Idaho Code Title 6, ch. 3; Title 55, chs. 2-3)
Can a landlord give notice by text or email in Idaho?
Eviction notices (3-day notices) must be served by: (1) handing a copy to the tenant personally; or (2) if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion at either place AND mailing a copy to the tenant's residence; or (3) if those places can't be found or no suitable person is there, posting a copy conspicuously on the property, delivering a copy to a person living there if one can be found, AND mailing a copy to the tenant at the property. Termination of a tenancy at will requires written notice served in the manner the code of civil procedure prescribes. No statute authorizes e-mail or text notice. (Idaho Code §§ 6-304, 55-208(1))
How much notice is required for a rent increase in Idaho?
For residential leases, the landlord must give the tenant written notice at least 30 days before a rent increase takes effect, and at least 30 days before not renewing the lease. For other month-to-month leases, the general rule allows changing terms on 15 days' written notice before the end of the month. Local governments may not enact rent control (§ 55-306). (Idaho Code § 55-304 (formerly § 55-307; redesignated 2025))
Does a landlord have to give a copy of the lease in Idaho?
No statute — Idaho's landlord-tenant statutes (Title 6 ch. 3; Title 55 chs. 2-3) do not require the landlord to give the tenant a copy of the lease or to disclose the owner's or manager's identity at move-in. The only move-in duty found is that the landlord must verify that approved smoke detectors are installed and working when the rental agreement begins (§ 6-320(a)(6)). (Idaho Code Title 6, ch. 3; Title 55, chs. 2-3; § 6-320(a)(6))
Does a landlord have to fix mold in Idaho?
No statute — Idaho has no mold-specific landlord-tenant law and no state agency that regulates mold inspection or removal in rentals. Mold is handled under the tenant's right to sue a landlord who maintains the premises in a manner hazardous to health or safety, fails to provide reasonable waterproofing and weather protection, or fails to maintain plumbing and ventilation facilities. The Attorney General advises tenants to report leaks, excess moisture, or recurring mold to the landlord immediately. (Idaho Code § 6-320(a)(1)–(3); Idaho AG, Landlord and Tenant Manual (July 2026), pp. 16–17)
Who pays for pest control and bed bugs in Idaho?
No statute — Idaho law does not specifically assign pest or bed-bug treatment or require a bed-bug disclosure. The Attorney General lists insect infestations as an example of a condition that may violate housing standards and the landlord's duty not to maintain the premises in a manner hazardous to health or safety. (Idaho Code § 6-320(a)(3); Idaho AG, Landlord and Tenant Manual (July 2026), pp. 11–12)
Does a landlord have to provide heat in Idaho?
No statute sets a minimum temperature or requires landlords to supply heat, but a tenant may sue a landlord who fails to maintain in good working order heating facilities the landlord supplied. The Attorney General lists nonfunctioning heating units as a condition that may violate housing standards. (Idaho Code § 6-320(a)(2); Idaho AG, Landlord and Tenant Manual (July 2026), p. 12)
Does a landlord have to provide air conditioning in Idaho?
No statute requires landlords to provide air conditioning or sets a maximum indoor temperature. If the landlord supplies cooling facilities, the landlord must keep them in good working order, and a tenant may sue for damages and specific performance if it does not. (Idaho Code § 6-320(a)(2))
What can a landlord deduct from a deposit for cleaning or damage in Idaho?
A landlord may not keep any part of the deposit for normal wear and tear, defined as deterioration from the use for which the unit is intended, without negligence, carelessness, accident, misuse, or abuse by the tenant, household members, invitees, or guests. Deductions are limited to contingencies in the deposit arrangement and must be itemized with a detailed list of expenditures. The Attorney General's examples: faded curtains, carpet, and paint, minor wall nicks, and moderate carpet dirt are wear and tear; cigarette burns, pet damage, excessive wall damage, and grime-coated fixtures are tenant damage. (Idaho Code § 6-321(1), (2); Idaho AG, Landlord and Tenant Manual (July 2026), p. 23)
Can a landlord put cameras in or around a rental in Idaho?
No landlord-specific statute. Installing or using (or permitting) an imaging device where a person has a reasonable expectation of privacy, without the person's knowledge or consent, for sexual gratification or to degrade or abuse, is felony video voyeurism; 'reasonable expectation of privacy' includes places where a person might reasonably expect to be safe from casual or hostile surveillance. Intercepting oral communications is a felony unless one party consents. Idaho has no statutory notice period for landlord entry; the AG advises that the lease set entry terms or that the landlord notify the tenant and agree on a reasonable time. (Idaho Code §§ 18-6605; 18-6702; Idaho AG, Landlord and Tenant Manual (July 2026), pp. 10–11)
Can a landlord limit guests or roommates in Idaho?
No statute — the lease governs guests, occupants, and roommates. The Attorney General notes that a valid occupancy policy limiting the number of people per unit, based on health and safety standards, is a lawful basis for refusing an applicant. A separate limited procedure allows removal of unauthorized persons who are not tenants. (Idaho AG, Landlord and Tenant Manual (July 2026), p. 2; Idaho Code § 6-310A)
Can a landlord deny a service or emotional support animal in Idaho?
Idaho has no statute specific to emotional support animals in rental housing (no state ESA documentation rule or ESA fee rule). State law defines a service dog (emotional support does not count as work or tasks), gives individuals with disabilities the right to be accompanied by a service dog in public accommodations, hotels, and lodging houses without extra charge (but liable for damage), and makes it a misdemeanor for a person without a disability to use an assistance animal or service dog to try to gain treatment or benefits as a person with a disability. Rental-housing accommodation requests are governed by federal and state fair-housing law; the Attorney General states that support, service, and companion animals are not legally 'pets.' (Idaho Code §§ 56-701A(5); 56-704; 18-5811A; Idaho AG, Landlord and Tenant Manual (July 2026), p. 2)
Official resources for Idaho
- Idaho Attorney General — Landlord and Tenant Manual (July 2026)
- Idaho Court Assistance Office — Instructions for Expedited Proceedings for Eviction
- Idaho Code Title 6, Ch. 3 — Unlawful detainer (§ 6-303)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.