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An Idaho standard residential lease agreement is a legal contract that establishes the terms and conditions between a landlord and a tenant for renting a residential property. Typically, these agreements are for a period of one year.

Rental Application

A rental application is utilized by landlords to assess a prospective tenant’s ability to pay rent and review their rental history.

Required Disclosures

Lead-Based Paint Disclosure

Applicable to any Idaho rental property built before 1978, the lead-based paint disclosure is a federal requirement. Landlords must:

  • Fill out and attach a lead-based paint disclosure form to the lease agreement.
  • Provide tenants with an Environmental Protection Agency (EPA) approved pamphlet regarding the dangers of lead-based paint.
  • Supply any additional records or reports about lead-based paint hazards in the unit.

Security Deposit Laws

  • Maximum Amount: There is no statutory limit on the amount a landlord can charge for a security deposit.
  • Separate Bank Account: While not required, it is considered good practice for the deposit to be held in a separate bank account.
  • Returning to Tenant: A security deposit, or any portion of it, must be returned to the tenant within 21 days of the lease’s end date. If specified in the lease, the maximum return period can be extended to 30 days.

Rent Payment Laws

  • Grace Period: There is no statutory grace period for rent payments.
  • Maximum Late Fee: There is no limit on late fees, but they must be reasonable and specified in the lease agreement.
  • NSF Fee: A landlord may charge a $20 fee for a bounced check, or the amount of the check if it is less than $20.

Additional Lease Agreement Information

Lease Duration

In Idaho, leases can be of any length as long as the duration is clearly specified and agreed upon in writing. Oral leases can be valid but are limited in enforceability, especially for terms longer than one year.

Notarization

Lease agreements in Idaho do not need to be notarized to be valid.

Automatic Renewal

Leases can automatically renew in Idaho. If neither party takes action after the initial tenancy period, the lease typically converts to a month-to-month rental agreement.

Termination of Lease

For month-to-month tenancies, one month’s notice is required to terminate the lease.

Consequences of Non-Compliance

Failure to include mandatory disclosures, such as the lead-based paint disclosure, can result in legal consequences or monetary penalties for landlords. Non-compliance with federal lead-based paint hazard disclosure can lead to fines of tens of thousands of dollars per violation.

FAQs

An Idaho residential lease agreement typically includes the lease term length, monthly rent amount, security deposit details, payment frequency, property usage terms, and eviction procedures. It serves as a legally binding contract between the landlord and tenant.

In Idaho, landlords must provide a lead-based paint disclosure if the property was built before 1978. This includes filling out a lead-based paint disclosure form and providing tenants with an EPA-approved pamphlet about lead hazards.

In Idaho, a landlord must return a security deposit within 21 days of the lease’s end date. If the lease specifies a longer period, the maximum allowed is 30 days.

Idaho law does not impose a cap on late fees for rent payments, but any fees charged must be reasonable and specified in the lease agreement. There is also no statutory grace period for late rent.

Yes, a lease can automatically renew in Idaho. If neither party takes action at the end of the initial lease term, it typically converts to a month-to-month rental agreement with the same terms.

While oral leases can be valid in Idaho, a written lease agreement is strongly recommended, especially for fixed terms over one year. A written contract helps clarify the terms and protects both parties.

If a landlord fails to provide federally or state-mandated disclosures, they may face legal consequences or monetary penalties. Many lease provisions may also become unenforceable without these disclosures.

Idaho law does not set a maximum limit on the amount a landlord can charge for a security deposit. Landlords can request any amount, but they must return it within the specified time frame after the lease ends.