Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Idaho, residential lease documents—including their structure, nature, and contents—are regulated by Idaho landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Idaho considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Idaho lease template for download!
An Idaho lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Idaho’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Idaho lease agreement. Keep in mind that these components are primarily associated with residential leases; an Idaho commercial lease agreement will necessarily have different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the Idaho residential lease agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Idaho, rent control is banned—no city or county in the state can pass a law that regulates or restricts the price of rent (Idaho Code § 55-307(2)). This means landlords can choose their own rental rates based on the current market.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In Idaho, there is no statutory limit on late fees, nor is there a mandatory grace period. This means landlords can once again choose their own late fee amounts and enforce them as soon as rent is late. However, your late fee policy should be clearly described in the Idaho rental agreement so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
There is no maximum or limit for security deposits in Idaho is. However, Idaho does have laws regulating how deposits should be stored and returned. Idaho law designates that if the property in question Is managed by a third-party (e.g., a property management company), the security deposit for it must be kept in a separate bank account at a federally insured bank (ID Code § 6-321(4)). When the lease ends, landlords in Idaho must return security deposits within 30 days (or within 21 days if the lease doesn’t specify the return period) (ID Code § 6-321(2)).
Be sure that all Idaho lease agreements clearly explain the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. These required disclosures must be included in a lease agreement Idaho considers compliant, or else provided in a separate written notice to the tenant.
In Idaho, there is only one required disclosure:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
Landlord Right to Entry
In Idaho, there are no specific laws governing when a landlord can enter a rental property. However, most landlords generally give at least 24 hours’ notice before entering an occupied unit for a non-emergency reason. Be sure to include the landlord’s right of entry in every Idaho rental lease agreement.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Idaho residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, your Idaho residential lease agreement should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
An Idaho residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Idaho, landlords must send eviction notices of specified lengths: A three-day notice to pay or quit for nonpayment, a three-day notice to cure or quit for lease violations, a three-day notice to quit for committing waste or subletting without permission, and an immediate unconditional notice to quit for illegal drug activity. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the Idaho residential lease agreement either on paper or electronically, ensuring a secure and convenient process.
Idaho Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Idaho lease agreement. This template is tailored to meet the specific requirements of Idaho state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of an Idaho residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of an Idaho lease. To get started on the right foot, download our free Idaho lease template and ensure a transparent, lawful, and satisfying rental experience.
