Landlord and Tenant Guidelines

Office of the

Attorney General

Landlord and

Tenant Manual

RAÚL R. LABRADOR

Attorney General

700 West Jefferson Street

Boise, ID 83720-0010

www.ag.idaho.gov

State of Idaho

Office of Attorney General

Raúl R. Labrador

INTRODUCTION

This manual is intended to help tenants and landlords better

understand their rights and responsibilities under Idaho law. It

is not a restatement of Idaho law or a substitution for

professional legal advice.

The Attorney General’s Office does not enforce Idaho’s

landlord-tenant laws. Rather, tenants and landlords enforce

these laws through private actions. The parties should consult

with a private attorney when they have questions about their

legal rights or options.

This manual includes two checklists in the appendices. The

first helps tenants select and rent a property, and the second is

a move-in and move-out checklist.

Sincerely,

Raúl R. Labrador

Attorney General

Table of Contents

PURPOSE AND SCOPE OF MANUAL ..............................................1

BEFORE RENTING ..............................................................................1

EVALUATE THE NEIGHBORHOOD ........................................................... 1

CALCULATE THE AMOUNT OF RENT, DEPOSITS AND FEES .................... 2

UNDERSTAND SMOKING, PET AND OTHER POLICIES ............................. 2

KNOW THE LANDLORD’S REPUTATION ................................................. 3

CREDIT AND BACKGROUND CHECKS OF TENANTS ................................ 3

RECOGNIZE HOUSING DISCRIMINATION ................................................ 4

RENTER’S INSURANCE ........................................................................... 5

“SECTION 8” RENTAL ASSISTANCE/HOUSING CHOICE VOUCHER

PROGRAM .............................................................................................. 5

LEASE AGREEMENTS .......................................................................6

THE DANGERS OF AN ORAL LEASE........................................................ 6

TERMS A WRITTEN LEASE SHOULD INCLUDE ....................................... 6

LEASE ADDENDUMS .............................................................................. 7

IMPROPER LEASE PROVISIONS ............................................................... 7

RESTRICTIVE LEASE PROVISIONS .......................................................... 8

COSIGNING A LEASE ............................................................................. 9

MOVING IN ...........................................................................................9

TURNING ON THE UTILITIES AND OTHER SERVICES .............................. 9

THE MOVE-IN INSPECTION AND VIDEO ............................................... 10

THE TENANT’S RIGHT TO PRIVACY .......................................... 10

MAINTAINING THE RENTAL PROPERTY ................................. 11

THE LANDLORD’S DUTY TO KEEP THE PROPERTY SAFE AND

HEALTHY ............................................................................................ 11

WHAT TO DO IF A LANDLORD WON’T MAINTAIN A RENTAL............. 12

Notify the Landlord ....................................................................... 12

Wait Three Days for Repair .......................................................... 13

Sue the Landlord ........................................................................... 13

Attend the Trial ............................................................................. 13

Enforce the Court’s Order ............................................................ 13

Recover for Personal Injuries ....................................................... 13

THE TENANT’S RESPONSIBILITIES FOR SAFEGUARDING THE

PROPERTY ........................................................................................... 13

WHAT TO DO IF A TENANT DAMAGES THE RENTAL ........................... 14

Notify the Tenant .......................................................................... 14

Allow Three Days for Repair ........................................................ 15

Evict the Tenant ............................................................................ 15

SPECIAL PROPERTY ISSUES ......................................................... 15

THE LANDLORD’S DUTY TO PROVIDE UTILITY SERVICES ................... 15

TOXIC MOLD CONCERNS ..................................................................... 16

PAYING AND COLLECTING RENT .............................................. 17

DUE DATES AND LATE FEES ................................................................ 17

WITHHOLDING RENT ........................................................................... 18

THE LANDLORD’S REMEDIES WHEN A TENANT FAILS TO PAY

RENT ................................................................................................... 18

Notice to Pay ................................................................................ 18

Service of the Complaint ............................................................... 18

Requesting a Continuance ............................................................ 18

Recovery of Attorney Fees and Costs ........................................... 19

Recovery of Unpaid Rent and Damages ....................................... 19

CHANGING THE LEASE .................................................................. 19

NOTICE ................................................................................................ 19

RENT AND FEE INCREASES AND LEASE RENEWALS ............................. 19

SUBLETTING ........................................................................................ 20

EXTENDING THE LEASE ....................................................................... 20

BREAKING THE LEASE ......................................................................... 20

HOLDOVER TENANCIES ....................................................................... 20

PROPERTY MANAGEMENT COMPANIES ................................. 20

MOVING OUT ..................................................................................... 21

NOTICE TO VACATE ............................................................................ 21

MOVE-OUT INSPECTION ...................................................................... 22

RETURN OF THE SECURITY DEPOSIT .................................................... 22

21-Day Return Rule ...................................................................... 22

Wear and Tear vs. Damage and Excessive Filth .......................... 23

Improper Notice May Affect Deposit Return ................................ 23

Tenant’s Remedies for Obtaining Security Deposit ...................... 24

Misrepresenting Necessary Repairs ............................................. 24

EVICTIONS ......................................................................................... 25

RETALIATORY EVICTIONS ................................................................... 25

THE EVICTION PROCESS ...................................................................... 25

Notice of Eviction ......................................................................... 25

Unlawful Detainer Action ............................................................. 27

UNLAWFUL EVICTIONS........................................................................ 27

REMOVAL OF TENANT’S PERSONAL PROPERTY ................................... 28

MANUFACTURED HOME RESIDENCY ACT .............................. 28

WRITTEN LEASES ................................................................................ 28

Required Lease Terms .................................................................. 29

Implied Lease Terms ..................................................................... 29

Prohibited Lease Terms ................................................................ 30

PARK RULES ........................................................................................ 30

RENT INCREASES ................................................................................. 30

SECURITY DEPOSITS ............................................................................ 30

LIABILITY OF THE LIEN HOLDER OR LEGAL OWNER OF A

MANUFACTURED HOME FOR BACK RENT AND UTILITIES ................... 31

REMOVAL OF A MANUFACTURED HOME ............................................. 31

SALE OF MANUFACTURED HOME ........................................................ 31

RENEWAL OF THE LEASE .................................................................... 32

TERMINATION OF THE LEASE .............................................................. 32

TENANT’S RIGHTS AND REMEDIES ...................................................... 33

STORAGE UNITS ............................................................................... 33

LIABILITY INSURANCE ......................................................................... 33

APPENDIX A - IDAHO CODE SECTIONS ..................................... 34

AT-WILL TENANCY ............................................................................. 34

FEES .................................................................................................... 34

FIXTURES – REMOVAL OF .................................................................... 34

LEASES ................................................................................................ 34

MANUFACTURED HOME PARKS ........................................................... 34

PROPERTY REPAIR ISSUES ................................................................... 35

SECURITY DEPOSITS ............................................................................ 35

SELF-SERVICE STORAGE FACILITIES ................................................... 35

SMALL CLAIMS ACTIONS .................................................................... 35

TRANSFER OF PROPERTY ..................................................................... 36

UNLAWFUL DETAINER ........................................................................ 36

WASTE ................................................................................................ 36

APPENDIX B ....................................................................................... 37

PRE-RENTAL CHECKLIST..................................................................... 37

APPENDIX C ....................................................................................... 43

RENTAL MOVE-IN & MOVE-OUT CHECKLIST ..................................... 43

PURPOSE AND SCOPE OF MANUAL

The Attorney General’s Office publishes this manual as a

courtesy to Idaho’s tenants and landlords. It outlines general

guidelines about the parties’ rights and responsibilities under

Idaho law. This manual is not a restatement of Idaho’s

landlord-tenant laws nor a substitute for professional legal

advice. Appendix A lists Idaho laws related to landlord-tenant

matters.

The Attorney General’s Office does not enforce Idaho’s

landlord-tenant laws and cannot advise tenants or

landlords about their rights. Parties with questions about

their legal rights should schedule a consultation with a private

attorney.

BEFORE RENTING

Choosing where to live is an important decision. For a

landlord, deciding whether an individual will make a suitable

tenant can be challenging. Considering the following factors

may help the parties make more informed decisions before

they commit to a lease.

EVALUATE THE NEIGHBORHOOD

Investigate the neighborhood where the property is located.

Make sure it is a safe and healthy place to live, especially if

children will be living in the rental unit.

THE PRE-RENTAL CHECKLIST

IN APPENDIX B WILL HELP

DURING YOUR RENTAL SEARCH.

CALCULATE THE AMOUNT OF RENT, DEPOSITS

AND FEES

Idaho does not restrict the amount of rent or deposits that

landlords can charge. It is best to walk-away in situations

where the landlord refuses to disclose upfront and in writing

all of the costs involved in renting a property including rent,

deposits, and one-time or recurring fees.

UNDERSTAND SMOKING, PET AND OTHER

POLICIES

Although a landlord may not discriminate against protected

classes of individuals, a landlord may select prospective

tenants based on any lawful business criteria. Landlords can

set their own smoking, pet and other policies as long as they

are not discriminatory under local, state or federal law.

A landlord also may reject an applicant based on the person’s

inability to pay rent or the person’s criminal history. A valid

occupancy policy limiting the number of people per rental unit

– one that is based on health and safety standards – is a lawful

basis for refusing an applicant.

A NOTE ABOUT SUPPORT ANIMALS

Support animals, service animals and companion animals

are not legally considered “pets,” and tenants are entitled

to a support animal regardless of the landlord’s policy on

pets. Call the Intermountain Fair Housing Council at

208-383-0695 for more information about specific issues

related to support, service and companion animals.

KNOW THE LANDLORD’S REPUTATION

Tenants should talk to current and former tenants about the

landlord’s reputation and business practices. Former tenants

also post reviews on social media, the Better Business

Bureau’s website or on business-review websites.

CREDIT AND BACKGROUND CHECKS OF

TENANTS

Idaho law does not require landlords to check a prospective

tenant’s credit before approving the tenant’s rental

application. However, most landlords do check an applicant’s

income, employment and credit to verify the applicant can

afford to pay the rent each month.

Before running a credit check, the landlord should obtain the

prospective tenant’s written consent. If the landlord rejects an

applicant because of negative credit information, the landlord

must provide the applicant with the following information:

1. The reason the applicant was rejected;

2. The name and address of the credit reporting agency

that reported the negative information; and

3. The applicant’s right to obtain a free copy of the report

by requesting it from the credit reporting agency

within 60 days.

When reviewing an applicant’s background, landlords should

keep in mind that not everyone has an established credit

history. Young adults looking for their first apartment or

refugees from other countries may not have a credit report or

even a Social Security number.

RECOGNIZE HOUSING DISCRIMINATION

Discrimination based on sex, race, color, religion, disability,

familial status (presence of children under the age of 18) or

national origin is illegal. A disability includes a physical or

mental impairment, such as blindness, chronic alcoholism,

AIDS or its related complexes.

Landlords may not take any of the following actions based on

the above protected categories:

• falsely denying that a rental unit is available to some

applicants;

• running an advertisement that suggests a preference based

on a group characteristic;

• setting restrictive standards for certain tenants;

• refusing to accommodate the needs of disabled tenants,

such as allowing service animals;

• adopting inconsistent policies for different tenants; and

• terminating a lease for a discriminatory reason.

HOUSING DISCRIMINATION COMPLAINTS

If you believe you have suffered discrimination while

trying to rent a home or apartment, you can contact the

Idaho Human Rights Commission.

IMPORTANT

Landlords may not reject an applicant based on any

criteria that serves only as an excuse for discriminating

against a protected class.

RENTER’S INSURANCE

Tenants should consider buying renter’s insurance. Renter’s

insurance is an insurance policy that covers a tenant’s personal

belongings in case of loss by fire or other accident. Renter’s

insurance may cover claims or lawsuits brought against the

tenant. Most policies only cover personal property and do not

include motor vehicles or animals. Also, some policies

exclude floods or earthquakes. If you decide renter’s

insurance is right for you, shop around for a policy which fits

your needs.

“SECTION 8” RENTAL ASSISTANCE/HOUSING

CHOICE VOUCHER PROGRAM

The Idaho Housing and Finance Association (IHFA) and

several regional housing authorities administer a federal rental

assistance program that helps low-income families and elderly

or disabled individuals obtain decent, affordable rental

housing. The program is often called “Section 8” rental

assistance or the “Housing Choice Voucher Program.”

To be eligible for rental assistance, you must qualify under

income limits and other eligibility criteria and re-certify

eligibility annually. Program participants generally contribute

30-40% of their adjusted monthly gross income toward rent

and utilities. IHFA or the regional housing authority pays the

remaining balance directly to the landlord. Due to the high

demand for “Section 8” rentals, applicants are usually placed

on waiting lists for 2 months to 2 ½ years, depending on their

current housing status and the area of the state.

For more information regarding “Section 8” rental assistance,

including questions regarding eligibility requirements and

waiting periods, please contact the IHFA branch office or the

housing authority that serves the region in which you live.

LEASE AGREEMENTS

The lease agreement is a legal document that both parties

should negotiate, read, understand and sign. All questions

should be answered and all differences should be resolved

before either party signs the agreement. Absent a violation of

public policy, the lease is the sole contract that will govern the

landlord-tenant relationship for the duration of the tenancy.

When a dispute between the parties arises, look first to the

lease for a resolution.

THE DANGERS OF AN ORAL LEASE

Idaho recognizes oral leases for tenancies lasting less than one

year as long as the parties agree to all terms. The terms of an

oral agreement, however, are difficult to prove. A written,

signed lease avoids the problems of a “he said/she said”

situation.

TERMS A WRITTEN LEASE SHOULD INCLUDE

A written lease should be readable and should include the

following terms:

1. Contact Information. The names, addresses and

telephone numbers of the landlord or property

management company, the property owner (if

managed by a property management company), the

tenant and the tenant’s emergency contact,

maintenance and after-hours maintenance and any

other important persons.

2. Property Information. The address of the rental

property and the purpose for which it will be used.

3. Dates. The beginning and ending dates of the

agreement.

4. Rent. The amount of the rent, when it is due and the

amount charged for late fees.

5. Deposit. The amount of the security deposit, the name

of the financial institution where the landlord will hold

the deposit and an explanation of how the landlord will

use the deposit at the end of the tenancy.

6. Utilities & Repairs. The party who is responsible for

each of the utilities and for indoor and outdoor

maintenance and repair of the property, including

garages, carports and storage facilities.

7. Policies. All restrictions and policies placed on a

tenant’s use of the property, including the number of

occupants, whether pets or smoking is allowed,

mandatory quiet times and whether assignment or

subletting is permitted.

8. Termination. The process the tenant must follow to

give proper notice of intent to vacate or terminate the

lease.

9. Move-Out Inspection. Terms that allow the tenant

to attend the landlord’s move-out inspection.

10. Entrance. When and how the landlord can enter the

property.

11. Signatures. The signatures and dates of all parties.

LEASE ADDENDUMS

Sometimes landlords attach addendums to the lease agreement

to address specific policies (e.g., pets, parking, mold

disclosure, etc). An addendum should be signed at the same

time as the lease.

IMPROPER LEASE PROVISIONS

Lease agreements should not include any unlawful or

unenforceable terms, including incorrect or misleading

statements of the law. Examples of such provisions include

those that:

• misrepresent or conflict with the tenant’s rights under

Idaho’s landlord and tenant laws;

• misrepresent or conflict with the tenant’s right to appear

in court and defend against a landlord’s allegations;

• limit the landlord’s liability in situations that conflict with

the duties and responsibilities that Idaho law imposes

upon the landlord;

• allow the landlord to enter the rental unit without

providing proper notice as provided by law or the lease

agreement;

• require the tenant’s security deposit to cover damages not

caused by the tenant or the tenant’s guests;

• require the tenant to pay the landlord’s attorney fees if a

dispute goes to court, unless the judge rules in the

landlord’s favor; and

• allow the landlord to seize a tenant’s personal property if

the tenant fails to pay rent.

RESTRICTIVE LEASE PROVISIONS

A lease may include a provision that, while not unlawful,

severely limits the tenant’s ability to recover a deposit or

challenge the landlord’s actions in court. Examples of

restrictive lease provisions are those that:

• prevent the tenant from attending the landlord’s move out

inspection;

• require the tenant to pay for replacing or cleaning of items

that are subject to normal wear and tear (faded carpet or

toilet rings); or

• require the tenant to pay large non-refundable, upfront

fees.

COSIGNING A LEASE

A cosigner on a lease functions a lot like a cosigner on a loan.

Landlords may require a cosigner on a lease when the

potential tenant is young, lacks a credit history or does not

meet minimum income requirements.

The cosigner’s credit is impacted if the tenant stops paying

rent, gets evicted or the landlord sends unpaid lease payments

to a collection agency.

MOVING IN

Before moving into the rental, the tenant should find out

where to park, tour the community facilities, turn on the

utilities and complete the move-in inspection.

TURNING ON THE UTILITIES AND OTHER

SERVICES

The tenant may be responsible for contacting utility

companies to turn on the property’s power, water, gas,

cable/satellite TV or other services. The lease agreement

should list which utilities are billed to the landlord and which

the tenant must pay.

Some rental complexes have one gas or electric meter that

serves a group of rental units. Other complexes may have one

meter that measures the tenant’s gas or electricity use and

other meters for common areas, such as the laundry rooms.

The same may be true of water meters.

The landlord should inform the tenant about the shared meters

before the tenant agrees to lease the property. If the tenant is

responsible for paying the utilities, the parties should agree as

to how the charges will be divided among the individual rental

units.

THE MOVE-IN INSPECTION AND VIDEO

In addition to a lease, the landlord should provide a detailed

checklist to the tenant that includes every room in the home or

apartment and the items located in each of those rooms. The

tenant and landlord should conduct an inspection together,

noting everything that is broken, worn, missing or dirty. If a

defect is serious, the landlord should repair it before the tenant

moves in.

The best way to record the condition of a rental is to videotape

the inspection. Photographing damages also is helpful to

establish pre-existing conditions.

Each party should keep a copy of the inspection checklist and

the video/photographs. Many court disputes concern the

condition of a rental property after a tenant moves out. A case

without documents and photos is difficult to win.

THE TENANT’S RIGHT TO PRIVACY

Tenants have a right to privacy in their rentals. The lease

should specify the landlord’s right to enter the tenant’s

property to:

THE RENTAL MOVE-IN/OUT CHECKLIST IN

APPENDIX C HELPS TENANTS

DOCUMENT THE RENTAL’S CONDITION

AT MOVE-IN/OUT.

• Inspect for damage and make necessary repairs;

• Respond to an emergency involving life or property; and

• Show the property to prospective purchasers or tenants at

convenient times.

In addition, the lease should explain the landlord’s rights when

a tenant doesn’t pay the rent or abandons the property.

If the lease doesn’t include these provisions and the landlord

needs to enter the property, the landlord first should notify the

tenant why the entry is necessary. The landlord and tenant

then can agree on a reasonable manner and time of entry.

MAINTAINING THE RENTAL PROPERTY

Landlords and tenants have different responsibilities for

maintaining the rental property. The lease agreement should

include these duties. Idaho law outlines additional

responsibilities.

THE LANDLORD’S DUTY TO KEEP THE

PROPERTY SAFE AND HEALTHY

Landlords must maintain the rental to protect a tenant’s safety

and health. This means landlords must comply with city and

county ordinances and state laws regarding housing

conditions.

The following are examples of housing conditions that may

violate local or state housing standards:

• Structural deterioration, including cracked and crumbling

walls and ceilings and broken or missing doors and

windows;

• Defective plumbing, including a broken toilet, lack of

hot/cold water, absent sinks or bathing facilities and

serious leaks;

• Exposed wiring;

• Nonfunctioning heating units;

• No means to remove or store garbage;

• Insect infestations;

• Leaking roof or walls from insufficient waterproofing or

weather protection; and

• Dismantling or not installing smoke detectors.

WHAT TO DO IF A LANDLORD WON’T MAINTAIN

A RENTAL

The Attorney General’s Office cannot assist tenants (or

landlords) with property repair or maintenance issues. The

process for forcing a landlord to repair the property is

relatively simple. Tenants who need legal assistance should

talk to a private attorney.

Notify the Landlord

To require the landlord to maintain the property, the tenant

first must provide the landlord with a written list of the

violations. The tenant can deliver the notice in any of the

following ways:

a. In person;

b. By certified mail; or

c. By leaving it with an employee at the landlord’s usual

place of business.

Wait Three Days for Repair

The landlord has three days after service of the notice to fix

the violation. Failure to repair allows the tenant to sue the

landlord to force compliance.

Sue the Landlord

The landlord must receive a copy of the summons and

complaint at least five days before the trial.

Attend the Trial

The trial is held within 12 days of the complaint being filed,

unless the tenant requests a later date.

Enforce the Court’s Order

If the tenant wins, the judge will order the landlord to comply

with the tenant’s notice of violation. The judge also may order

the landlord to pay the tenant’s court costs and attorney fees.

Recover for Personal Injuries

A tenant who has suffered injuries from a landlord’s failure to

maintain the property may sue for damages. If the tenant

wins, the judge may require the landlord to pay three times the

tenant’s damages, along with the tenant’s attorney fees and

court costs.

THE TENANT’S RESPONSIBILITIES FOR

SAFEGUARDING THE PROPERTY

The tenant must safeguard the rental property and ensure that

damage does not occur. Typical tenant responsibilities

include:

• Keep the property clean and sanitary;

• Properly dispose of garbage;

• Use appliances, electrical fixtures and plumbing facilities

properly;

• Prevent family and friends from damaging the property;

• Obey the landlord’s property regulations and use the

property for only lawful purposes; and

• Prevent injury to others due to actions performed on the

tenant’s property.

WHAT TO DO IF A TENANT DAMAGES THE

RENTAL

If the tenant’s carelessness or negligence causes damage to the

property, the tenant may be required to pay the landlord for

the damage and may be evicted. If a landlord believes a tenant

has or is damaging the property, the landlord should take the

following steps to notify and, if necessary, evict the tenant.

Notify the Tenant

The landlord must give the tenant written notice of the

violation. The notice can be:

a. Delivered in person; or

b. Left with a competent person at the tenant’s residence

or place of business and mailed to the tenant’s

residence.

If neither of these options is available, the landlord must:

a. Post a copy of the notice in a conspicuous place on the

property;

b. Leave a copy of the notice with any person living at

the property; and

c. Mail a copy of the notice to the tenant at the property

address.

Allow Three Days for Repair

The tenant has three days to fix the problem. Failure to remedy

the problem gives the landlord the right to evict the tenant and

recover costs to pay for the tenant’s damages to the property.

However, if a landlord has reasonable grounds to believe any

person is or has been engaged in the unlawful delivery,

production or use of a controlled substance on the leased

premises, the landlord can institute eviction proceedings

immediately.

Evict the Tenant

For a discussion of eviction proceedings, see the section titled

“Evictions.”

SPECIAL PROPERTY ISSUES

The Consumer Protection Division regularly receives

inquiries from consumers about how they can resolve disputes

with their landlord about utility services or the presence of

mold in the rental unit.

THE LANDLORD’S DUTY TO PROVIDE UTILITY

SERVICES

A landlord or utility company may shut off a utility for a

reasonable amount of time if repairs need to be made.

If a tenant discovers that a utility company has discontinued

services because of the landlord’s actions or inactions, the

tenant should contact the landlord and discuss a prompt

resolution. It is important to keep a written record of all

conversations in case legal action becomes necessary.

Assuming the landlord refuses to facilitate an immediate

reconnection of services, the tenant next should serve written

notice on the landlord that utility services need to be restored

immediately. In the meantime, the tenant may contact the

utility company or municipality and inquire about placing

services in the tenant’s own name. A utility company is not

required to take action on a tenant’s behalf.

The Idaho Public Utilities Commission prohibits public

utilities from shutting off a customer’s gas or electric heat

during December, January and February if a customer can’t

pay the electric or gas bill and the customer has children,

elderly, or ill people in the home. Only public utilities are

subject to this prohibition.

TOXIC MOLD CONCERNS

Idaho does not have a government agency that regulates the

inspection or removal of toxic mold within rental property.

The Idaho Department of Health and Welfare’s Indoor

Environment Program educates Idahoans about human health

risks associated with exposure to indoor contaminants, such

as toxic mold.

While most homes have a small amount of mold inside them,

to eliminate the possibility of a dangerous infestation, the

Department of Health and Welfare recommends that tenants

take the following steps.

• Notify their landlords immediately if they notice plumbing

leaks, excess moisture or mold growth that reappears

despite regular cleaning.

• Use exhaust fans regularly in the kitchen, bathroom, and

laundry room.

• Clean and dust regularly.

• Clean and dry the walls and floors around the sink,

bathtub, shower, toilets, windows and patio doors using a

common household disinfecting cleaner.

• Ensure the clothes dryer is vented to the outside and clean

the lint screen after every use.

• Do not overfill closets or storage areas.

• Keep beds, dressers and other objects pulled a few inches

away from walls to allow moisture to escape.

• Do not obstruct heating and ventilation ducts in unused

areas.

• Immediately dry any spills or pet urine on carpeting.

• Immediately report any heating, ventilation, air

conditioning or laundry malfunctions.

• Keep doors and windows closed during damp weather.

PAYING AND COLLECTING RENT

Landlords may restrict the form in which they accept rental

payments, such as by certified check or online payment portal.

This is not an unlawful practice.

DUE DATES AND LATE FEES

The lease governs the date on which the rent is due and the

consequences of not paying on time or in full. Fees charged

to residential tenants must be reasonable, including late rent

fees. Fees, fines, assessments, interest, or other costs cannot

be greater than the amount agreed upon in the lease.

Writing post-dated checks is never a good idea because the

recipient is under no obligation to hold the check. If the check

bounces, the tenant will incur bank fees and possibly suffer

negative credit consequences.

WITHHOLDING RENT

Generally, Idaho law does not allow tenants to withhold rent

based on unsafe living conditions and does not allow tenants

to complete necessary repairs and then seek reimbursement

from their landlords. The only exception is with respect to the

installation of smoke detectors. Idaho Code § 6-320(a)(6)

authorizes a tenant, after providing three-day notice to the

landlord, to install the necessary smoke detectors and deduct

the cost from the tenant’s next month’s rent.

THE LANDLORD’S REMEDIES WHEN A TENANT

FAILS TO PAY RENT

If a landlord pursues formal legal proceedings solely to evict

a tenant due to nonpayment of rent, the legal proceedings must

proceed quickly and in compliance with proper procedures.

Notice to Pay

A notice allowing the tenant three days to pay the rent due

must be served on the tenant. Once the notice is served, the

complaint for eviction can be filed.

Service of the Complaint

The trial must be held within 12 days after the lawsuit is filed

unless the landlord requests a later date. The tenant must be

given written notice of the complaint by being served with a

copy of the summons and the complaint at least five days

before the trial.

Requesting a Continuance

At the tenant’s request, the judge may grant a continuance, but

only for two days, unless the tenant provides the landlord with

some type of security, such as the amount of rent money owed.

The security is deposited with the court clerk.

Recovery of Attorney Fees and Costs

If the landlord is successful in evicting the tenant, the tenant

may be required to pay the landlord’s attorney fees and costs.

Recovery of Unpaid Rent and Damages

If a landlord wants to recover rent that the tenant has failed to

pay or to recover other damages, the landlord must file a

separate lawsuit in small claims or district court, depending on

the amount sought.

CHANGING THE LEASE

A lease is a contract between a landlord and tenant. Good

business practices demand, but do not require, that a landlord

refrain from changing the terms of a lease until it expires or

unless the tenant consents to the change.

NOTICE

A landlord may change the terms of a lease agreement (other

than increasing the rent, changing late fees, or not renewing

the lease) by notifying the tenant in writing at least 15 days

before the month’s end. The change then becomes effective

if the tenant continues to occupy the property after the last day

of the month.

RENT AND FEE INCREASES AND LEASE

RENEWALS

A landlord must provide a tenant with written notice of a rent

increase or change in fees, fines, assessments, interest, or

other costs at least 30 days before the increase becomes

effective. Also, at least 30 days before a lease non-renewal, a

landlord must give a tenant written notice of the landlord’s

intent not to renew the tenant’s lease. The landlord should

make sure the tenant actually receives the notice.

SUBLETTING

“Subletting” is when the current tenant rents the property to

another person. Unless the lease prohibits the practice, tenants

may sublet their property. The original tenant, however,

remains responsible for the property under the lease.

EXTENDING THE LEASE

A lease for a specified time, such as a six-month lease, cannot

be extended unless both parties to the lease consent to the

extension. If the parties agree to continue the lease for an

additional amount of time, they should sign a new lease.

BREAKING THE LEASE

Breaking a lease is like breaking a contract. Doing so results

in legal consequences. A party who is considering breaking a

lease should consult with a private attorney about their legal

rights and options.

If the lease is a month-to-month tenancy, either party may end

the lease with at least a month’s advance written notice to the

other party unless the landlord otherwise agrees.

HOLDOVER TENANCIES

If there is no provision in a lease regarding what happens

when the lease ends, the lease simply expires, and the tenant

becomes a “holdover” tenant. At this point, unless the landlord

agrees to continue the tenancy or a new lease is signed, the

landlord can start eviction proceedings.

PROPERTY MANAGEMENT COMPANIES

With the introduction of a third party into the landlord-tenant

relationship, issues may arise concerning the contractual

rights and obligations of each party. The lease agreement

should specify the duties of the property management

company and provide tenants with a contact name, address

and telephone number for the property manager and the

owner.

Before selecting a property management company, owners

should research the company’s history and obtain a written

contract outlining what services the management company

will provide. Owners also should require a property

management company to provide copies of all lease

agreements in case the owner needs to contact a tenant about

the property. In addition, owners should demand timely and

accurate accountings from the property management

company.

A property management company should employ an

accountant to manage its financial affairs and have sufficient

maintenance personnel to ensure prompt and satisfactory

service for tenants.

MOVING OUT

When a tenant decides to vacate a rental unit at the end of the

lease term, the tenant should provide the landlord with proper

notice and complete a move-out inspection. The landlord is

obligated to return the tenant’s deposit pursuant to Idaho law.

NOTICE TO VACATE

Tenants always should consult their leases to verify the

amount and form of notice they must provide to their landlords

before vacating their rental. If the lease does not specify a

certain number of days, the lease expires at the end of the

stated period and no notice is required.

MOVE-OUT INSPECTION

Inspecting the rental once the tenant finishes cleaning is an

important step in ending the landlord-tenant relationship. To

ensure that the tenant has first-hand knowledge of any

property damage that the tenant must pay to repair, the tenant

should participate in the move-out inspection, and both parties

should document the inspection in writing and through video

or photographs.

If the landlord refuses to allow the tenant to attend the move-

out inspection or both parties cannot inspect the property

together, the tenant should document, photograph or video the

rental once it is vacant and cleaned. Having an additional

individual present during the inspection also may be useful if

the tenant needs a witness to testify at a hearing to recover the

security deposit.

RETURN OF THE SECURITY DEPOSIT

Any money deposited with a landlord is either “rent” or a

“deposit.” Rent is non-refundable, while deposits are

refundable. If a tenant is unsure whether a fee is a deposit or

rent, the tenant should ask the landlord before signing the

lease.

21-Day Return Rule

When the lease ends, the landlord has 21 days to return the

tenant’s entire deposit or a partial refund and a written

THE RENTAL MOVE-IN/OUT CHECKLIST IN

APPENDIX C HELPS TENANTS

DOCUMENT THE RENTAL’S CONDITION

AT MOVE-IN/OUT.

statement listing the amounts deducted from the deposit and

how the deductions were spent. The 21-day period can be

shortened or extended by an agreement between the tenant and

landlord, but it may not be longer than 30 days.

Wear and Tear vs. Damage and Excessive Filth

The landlord may use the deposit for reasons designated in the

lease, such as cleaning or repairs necessary to restore the

rental to its condition at the beginning of the tenancy.

Landlords should avoid using deposits to pay for ordinary

wear and tear. Examples of wear and tear versus damage or

excessive filth include:

Ordinary Wear & Tear

(Landlord’s Responsibility)

Damage & Excessive Filth

(Tenant’s Responsibility)

Faded curtains, carpet, & paint

Cigarette burns in curtains & carpet

Water-stained linoleum by shower

Broken tiles & torn linoleum

Minor marks on or nicks in wall

Excessive wall damage

Moderate dirt or spotting on carpet

Pet damage to carpets & curtains

Moderately dirty blinds or curtains

Missing or broken blinds

Warped cabinet doors

Sticky cabinets & water damaged

interiors

Minor marks on or nicks in floors

Water stains on wood floors

Worn out thermostat on dryer

Broken dryer or washer

Mineral deposits in the toilets

Plugged toilets & other plumbing

Stains on old porcelain fixtures

Grime-coated bathtub & toilet

Black spots on mirrors (de-silver)

Mirrors with makeup or hairspray

Improper Notice May Affect Deposit Return

If a tenant fails to give proper notice and terminates the lease

early, the landlord may use the tenant’s security deposit to

cover the landlord’s actual expenses in re-renting the property.

Tenant’s Remedies for Obtaining Security Deposit

Idaho law provides a relatively simple procedure for a tenant

to follow to obtain a deposit from a landlord who fails to return

the tenant’s deposit or to provide an itemized list of deductions

within 21 days after the lease ends.

Step 1: Write a letter to the landlord. Send written

notice by certified mail to the landlord demanding return

of the deposit. Be sure to keep a copy of the letter.

Step 2: Wait for a reply from the landlord. The

landlord has three business days from the date the letter is

received to return the deposit.

Step 3: Sue the landlord. If the landlord fails to return

the deposit, the tenant can file a complaint in small claims

court.

Step 4: Go to trial. The parties will receive notification

of the date, time and place for the trial. The judge will ask

the parties to explain their positions and present their

evidence. The tenant should provide a copy of all

communication with the landlord, photographs and/or

videos, and bring witnesses who accompanied the tenant

during the final inspection. If the tenant wins, the judge

may award the tenant three times the security deposit, plus

court costs and attorney fees.

Misrepresenting Necessary Repairs

The Idaho Consumer Protection Act prohibits landlords from

misrepresenting to a tenant that a repair is necessary when it

is not. If a landlord deducts costs for imaginary repairs or for

repairing items that were damaged before the tenant moved in,

the tenant should send a letter to the landlord objecting to the

landlord’s itemized list of deductions. In the letter, the tenant

should provide a detailed explanation of why the deductions

are excessive or incorrect and demand that the deposit be

returned within three days.

EVICTIONS

One of the most important issues affecting landlords is how to

lawfully and efficiently remove tenants from rental properties

when tenants violate the terms of their lease. While the

eviction procedure itself is uncomplicated, each landlord-

tenant relationship involves a unique set of circumstances.

Landlords should consult a private attorney for assistance with

individual situations or specific questions regarding the

eviction process. The Attorney General’s Office cannot advise

landlords about eviction matters.

RETALIATORY EVICTIONS

Landlords may not evict a tenant because the tenant requests

that repairs be made or because the tenant joins a tenants’

association.

THE EVICTION PROCESS

The following procedure is outlined in title 6, chapter 3 of the

Idaho Code. Eviction forms are available through the Idaho

Court Assistance Office and Self-Help Center website.

Notice of Eviction

A tenant must be properly served with a three-day or 30-day

written notice, depending on the circumstances.

a. Proper Service of the Notice. The landlord is

required to deliver the notice to the tenant in person.

However, if the tenant is absent from the property or

place of business, the landlord may leave a copy of the

notice with a competent person at the residence and

mail a copy to the tenant’s residence. If the tenant and

a competent person are not located at the residence, the

landlord must do all of the following:

(i) Post a copy of the notice on the property at a

conspicuous place;

(ii) Leave a copy of the notice with any person found

residing on the premises; and

(iii) Mail a copy of the notice to the tenant at the rental

address.

b. Three-Day Written Notice. A three-day written

notice is permissible only if a tenant:

(i) Failed to pay rent. The notice must include the

amount of rent owed and advise the tenant of a

three-day right to pay.

(ii) Violated the lease. The notice must specify the

provisions the tenant violated and advise the tenant

of a three-day right to fix the problem.

(iii) Engaged in the unlawful delivery, production or

use of a controlled substance on the premises of

the leased property during the tenancy. The tenant

has no three-day right to cure the illegal activity.

c. 30-Day Written Notice. When terminating a tenancy-

at-will, a 30-day written notice is permissible.

If a tenant lives in government subsidized or public

housing or receives government housing assistance

and receives a 30-day notice, it must be for good cause.

If the issue is non-payment of rent, the three-day notice

may be sufficient.

d. Other Notice. A lease can provide for an alternative

and reasonable notice period but cannot waive the

notice requirement.

Unlawful Detainer Action

If a tenant receives proper notice and fails to pay the rent,

comply with the lease or vacate the rental, the landlord must

file an unlawful detainer action to force the tenant to leave the

property.

a. Expedited Proceedings. When rent is past due or the

tenant is engaging in drug activities, a quick summary

trial procedure is available to the landlord to regain

possession within five to twelve days after the tenant

receives notice. The tenant also may be required to

pay the landlord’s attorney fees if the notice discloses

that attorney fees will be awarded and the landlord

wins.

b. Normal Eviction Proceedings. When the tenant

receives notice for violating the lease, the landlord

must serve the tenant with a summons and a complaint.

The tenant has 21 days to file an answer.

If the tenant does not comply with the court-ordered

time deadlines, the sheriff, through a writ of

restitution, removes the tenant from the rental.

UNLAWFUL EVICTIONS

Landlords may not engage in any form of self-help to force a

tenant out of a rental property. It is unlawful for a landlord to:

1. Fail to provide proper notice;

2. Fail to allow time for the tenant to pay the overdue rent

or comply with the lease;

3. Shut off the utilities;

4. Change the locks;

5. Confiscate the tenant’s property; or

6. Do anything other than institute lawful eviction

proceedings.

REMOVAL OF TENANT’S PERSONAL PROPERTY

When a residential tenant is evicted, the tenant has 72 hours

to remove his or her personal property from the rental before

the landlord may dispose of it. An evicted commercial tenant

or a tenant renting five or more acres has seven days to remove

his or her personal property. A court has discretion to allow a

tenant a longer period of time to remove the tenant’s property.

If a tenant leaves property of value behind after vacating the

rental, the landlord should file an eviction complaint and

obtain a court order allowing the landlord to remove the

property. The landlord should ask the court’s permission to

sell the property to cover the costs of removal and storage or

to pay any back rent.

Idaho law does not provide for a landlord’s lien on the tenant’s

property, but a lease may include such a provision. A court

may uphold the lien if the tenant knowingly and voluntarily

entered into the lease and understands the consequences of the

lease provision.

MANUFACTURED HOME RESIDENCY ACT

The Manufactured Home Residency Act establishes rights and

responsibilities on the part of manufactured home park owners

and manufactured home tenants. For areas not covered by the

Act, owners, landlords and tenants can look to general

landlord-tenant law for answers.

WRITTEN LEASES

The Manufactured Home Residency Act generally requires

that park owners provide tenants with written leases. Some

lease terms are required or prohibited, while others are

assumed to be included, whether stated or not.

Required Lease Terms

The lease must be signed by the landlord and tenant and

include, at a minimum:

1. The payment terms, including the time and place of

payment;

2. The park rules;

3. The name and address of the park landlord;

4. The name and address of the park owner;

5. The name and address of the owner’s agent who

resides within the state where the park is located; and

6. An explanation of when the owner may withhold the

tenant’s security deposit at the end of the lease.

Implied Lease Terms

Every lease is assumed to include the following terms,

whether stated or not:

1. The landlord must maintain street, entry and common

area lights, if any, in good working condition;

2. The landlord must notify each tenant within 15 days

after a petition has been filed by the owner for a

change in the zoning of the land upon which the park

is located;

3. With the tenant’s consent, the landlord may enter the

lot to maintain utilities, protect the park and

periodically inspect the lot.

4. The landlord may enter the lot without the tenant’s

consent in case of an emergency affecting life or

property or if the manager suspects the tenant

abandoned the property.

Prohibited Lease Terms

A lease may not require a tenant to:

1. Pay an entrance or exit fee;

2. Obtain a permit; or

3. Waive any rights or remedies provided by the

Manufactured Home Residency Act.

PARK RULES

Written rules are enforceable if they are part of the signed

contract. Rule changes are effective if the tenant consents to

the change or if the landlord provides written notice to the

tenants at least 90 days before the rule change.

RENT INCREASES

With 30 days’ written notice, a lease may provide for rent

increases or decreases based on the increase or decrease of

property taxes, utility assessments or other service fees

included in the monthly rental charge. All other rental

increases require 90 days’ written notice to the tenant.

SECURITY DEPOSITS

The landlord must maintain a separate record of deposits.

General landlord-tenant law concerning security deposits

applies.

LIABILITY OF THE LIEN HOLDER OR LEGAL

OWNER OF A MANUFACTURED HOME FOR BACK

RENT AND UTILITIES

Idaho law does not specifically provide for the creation of a

lien on the manufactured home on behalf of a park owner for

unpaid rent and utilities. However, Idaho law does require the

lien holder or legal owner of a manufactured home to notify

the park owner in writing of any secured or legal interest in

the manufactured home.

If a tenant becomes 60 days behind in rent or if the tenant

abandons the manufactured home, the park manager must

notify the lien holder or legal owner of responsibility for any

such costs incurred for the manufactured home space, such as

rent and utilities. The lien holder or legal owner is responsible

for payment of utilities from the date of the notice and for

payment of the rent due, up to a maximum of 60 days

preceding the notice.

REMOVAL OF A MANUFACTURED HOME

A manufactured home may not be removed from the

manufactured home space without a signed written agreement

from the park landlord, owner, or manager, showing a

clearance for removal. In addition, all monies due must be

paid in full unless other arrangements are made.

SALE OF MANUFACTURED HOME

A park owner may sell a manufactured home in the park and

receive a commission on the sale if the park owner acts as the

agent for the homeowner pursuant to a written agreement. If

the manufactured home is to remain in the park, the landlord

and tenant must sign a new lease before the sale is executed.

RENEWAL OF THE LEASE

Leases are automatically renewed, unless the landlord gives

the tenant at least 90 days’ written notice of intent not to

renew, or the tenant gives 30 days’ written notice of intent not

to renew.

TERMINATION OF THE LEASE

If a tenant is vacating the property at the end of the lease term,

the tenant must give the landlord written notice at least 30

days before the lease expires. A tenant who must relocate

because of a job change may terminate the lease early by

giving 30 days’ written notice. If the tenant is with the armed

forces and is reassigned, the tenant may give the landlord less

than 30 days’ notice and not incur a penalty for doing so.

During the term of the lease, the landlord may terminate the

lease based on any of the following:

1. Nonpayment of rent or other charges provided for in

the lease; and

2. Substantial or repeated violations of the written park

rules.

In either case, the landlord must allow the tenant three days to

remedy the problem by paying the rent or complying with the

lease or park rules. If the tenant fails to do so, the landlord

must give the tenant 20 days to vacate the park.

When the termination of a manufactured home space rental

operation is at issue, the landlord must give the tenant at least

180 days’ written notice before terminating the lease.

TENANT’S RIGHTS AND REMEDIES

A landlord may not terminate a tenancy, refuse to renew a

tenancy, increase rent or decrease services because the tenant

has exercised legal rights, such as complaining about safety

conditions of the park. If a landlord fails to provide services

as required, the tenant may file an action for damages or

specific performance.

STORAGE UNITS

Operators of self-service storage facilities must provide

lessees with written rental agreements that conspicuously

disclose:

1. Of the existence of any lien placed on the lessee’s

property;

2. That the property in the leased space may be sold to

satisfy the lien if the lessee is in default;

3. That the personal property stored in a storage space

will not be insured unless the lessee obtains insurance

on his property; and

4. That the lessee must disclose any lien holders or

secured parties who have an interest in property that is

stored in the self-service storage facility.

Both the storage facility operator and the lessee must sign the

rental agreement.

LIABILITY INSURANCE

A storage facility operator may require a lessee to obtain

liability insurance for the storage unit or to purchase liability

insurance through the storage facility.

APPENDIX A - IDAHO CODE SECTIONS

AT-WILL TENANCY

55-208 Termination of tenancy at will.

55-209 Rights of landlords.

55-210 Right of reentry.

55-211 Summary proceedings.

55-212 Action for real property.

FEES

55-314 Limitation on fees for tenants of a rental

property.

FIXTURES – REMOVAL OF

55-308 Removal of fixtures by tenant.

LEASES

55-307 Change in lease terms and notice.

MANUFACTURED HOME PARKS

55-2005 Rental agreements.

55-2006 Adjustments to rent, services, utilities or

rules.

55-2007 Required provisions and disclosures.

55-2008 Park rules.

55-2009 Mobile home sales and space transfers.

55-2009A Notice of lienholder.

55-2010 Termination of rental agreement.

55-2011 Renewal of rental agreement.

55-2012 Mobile home improvements.

55-2013 Security deposits.

55-2013 Tenant associations.

55-2014 Tenant actions for damages or specific

performance.

55-2015 Retaliatory conduct by landlord.

55-2016 Arbitration.

55-2017 Penalties.

55-2018 Attorney fees.

55-2019 Venue.

PROPERTY REPAIR ISSUES

6-320 Action for damages and specific

performance by tenant.

6-323 Service of notice to landlord.

6-324 Attorney fees.

SECURITY DEPOSITS

6-321 Security deposits.

SELF-SERVICE STORAGE FACILITIES

55-23 Self-service storage facilities.

SMALL CLAIMS ACTIONS

1-2301 Scope of claims and venue.

1-2301A Civil liability for bad checks.

1-2302 Commencing an action.

1-2303 Filing a claim and entering default.

1-2304 Service of process.

1-2305 Contents of claim.

1-2307 Attorneys, witnesses, evidence and

judgments.

1-1209 Speedy and informal trials.

1-2310 Judgment against defendant.

1-2311 Appeals.

1-2312 Filing and disposition of appeals.

1-2313 Judgment and enforcement.

1-2315 Jury trials prohibited.

TRANSFER OF PROPERTY

55-301 Grantee’s rights against grantor’s tenants.

55-302 Lessor’s remedies against lessee’s assignee.

55-303 Lessee’s remedies against lessor’s assignee.

UNLAWFUL DETAINER

6-303 Unlawful detainer defined.

6-304 Service of notice.

6-305 Jurisdiction of district court.

6-308 Parties defendant.

6-309 Parties generally.

6-310 Complaint and summons.

6-311 Continuances.

6-311A Judgment on trial by court.

6-311C Form of execution.

6-311D Additional undertaking on appeal.

6-311E Action for damages.

6-312 Judgment by default.

6-313 Trial by jury.

6-314 Sufficiency of evidence and defenses.

6-315 Amendment of complaint.

6-316 Judgment and restitution.

6-317 Treble damages.

6-318 Pleadings must be verified.

6-319 Appeal as stay.

6-324 Attorney fees.

WASTE

6-201 Actions for waste.

APPENDIX B

PRE-RENTAL CHECKLIST

Tenants can take this checklist with them when searching for

a rental. Before signing a lease agreement, tenants should ask

questions, explain their concerns, and inspect the rental.

Street Address: ___________________________________

Unit No. _________________________________________

Landlord’s Name: _________________________________

Landlord’s Telephone Number: ______________________

FINANCIAL ISSUES

How much is the rent per month?

Is the rent expected to change in the near future?

□ Yes □ No

Does the landlord accept personal checks?

□ Yes □ No

What is the fee for paying the rent late?

How much is the security deposit?

How much is the pet deposit?

How much does the landlord charge for extra services, such as:

Storage Space

Parking Space

Recreational Areas (pool, exercise equipment, etc.)

Other

What utilities does the landlord pay and what utilities do I pay?

Cable/Satellite TV

□ Landlord □ Tenant