An Idaho lease agreement is a legally binding document that provides the terms for a property lease in Idaho.
The main parties to the lease agreement are the landlord, also called the lessor, and the tenant, in some contracts, called the lessee.
The main reason for having a written lease agreement is that it provides legal protection for both the landlord and the tenant. If their rights are violated, they can seek redress in the courts.
Before signing the lease agreement, the tenant usually must fill out the tenant application form. The landlord will review the application, and if the tenant seems suitable, they will offer him the lease agreement.
Idaho Lease Agreement Required Disclosures
When drafting the Idaho lease agreement, you only have to include the lead-based paint disclosure.
Federal law stipulates that the landlord must include the lead-based paint disclosure for any rental unit built before 1978. It contains information about the presence of any lead-based paint hazards at the rental unit.
Idaho state law does not provide any mandatory disclosures that have to be included in the lease agreement.
Idaho Lease Agreement Optional Disclosures
The disclosures below are not declared mandatory by any federal or state law. However, if you include them, you will protect your rights and prevent any liabilities.
Asbestos disclosure. If the leased property was built before 1981 or the landlord knows that there is asbestos in the construction, they should include this disclosure in the lease agreement. The disclosure should inform the tenant how to use the property so that the asbestos fibers don't get disturbed.
Fees disclosure. If the landlord wishes to charge any non-refundable or late fees, the tenant should be notified about this in the lease agreement. Otherwise, the tenant might object to paying these fees or ask for a refund for the ones that were already charged.
Consequences of Non-Disclosure
According to the Federal Civil Penalties Act, the landlord can be fined up to $19.507 for not including the lead-based paint disclosure in the lease agreement.
Additionally, the tenant can file a civil lawsuit for any damages caused by safety or health hazards that were not properly disclosed in the lease agreement.
Idaho Lease Agreement Security Deposits
Security Deposit Maximum
Idaho does not set a maximum limit for a security deposit. The landlord can set the security deposit at any amount they deem reasonable.
Therefore, it is important that the landlord and the tenant negotiate the security deposit and insert it in the lease agreement ahead of time.
Security Deposit Return
When there is no lease agreement or no deposit return deadline provided in the lease agreement, the landlord must return the deposit within twenty-one (21) days from the lease termination. (§ 6-321)
When the deposit return deadline is provided in the lease agreement, the landlord must return the deposit before the provided deadline but no later than thirty (30) days after the lease is over.
When is Rent Due in Idaho? (Grace Period)
The rent due date should be determined by the landlord and the tenant and included in the lease agreement.
The State of Idaho does not have a statute on the grace period for the rent payment. It means that, from the due date, the landlord can:
Charge any fees for the late rent payment (late fees).
Issue a 3-day notice to the tenant to pay or quit.
Idaho Rent Late Fees
There is no late fee cap set by Idaho state law.
However, if the landlord wants to set the late fee, they need to properly inform the tenant that such a fee might be charged if the rent is not paid on time. The landlord usually informs the tenant about the late fee by including the late fee disclosure in the lease agreement.
Idaho NSF Checks
If the landlord receives the bad check from the tenant and they cannot agree on a fair penalty, the landlord can file a lawsuit at the small claims court and receive:
Compensation for NSF Checks
The amount equal to the check value
Additional $100 or three (3) times the check value, whichever is greater
Idaho Landlord’s Right to Enter
In Idaho, no fixed number of days have to pass between the landlord issuing the notification to the tenant and entering the leased property.
In practice, the landlord usually notifies the tenant at least 48 hours in advance before visiting the property.
The landlord also needs to pay attention and visit the property only at reasonable times, usually between 9 a.m. and 8 p.m.
Idaho Lease Agreement FAQ
Yes, the lease agreement is a legally binding contract in Idaho.
With written lease agreements, if both the landlord and the tenant have signed the lease agreement, you can be sure the lease agreement is fully binding for both parties.
Most lease agreements in Idaho follow the below outline:
Names and addresses of all the contractual parties
Information about the property (size, address, number of rooms)
A detailed description of the items and appliances at the property and their condition.
Duration of the lease
Rent amount, payment due date, deposit amount, and late fees (if applicable)
Lead-based paint disclosure
Other optional disclosures
Rights and duties of the landlord and the tenant
Date and place of contract signing
Here you can find many downloadable lease agreement templates that are in line with all the current federal and Idaho state laws and regulations.
You can choose between the:
Commercial and residential lease agreement
Month-to-month or regular lease agreement
Room lease or sublease agreement
Rent-to-own lease agreement
After signing the lease agreement, you should start the move-in procedure.
Before moving in, the landlord and the tenant should properly inspect the leased property. They should make sure no repairs or cleaning has to be done at the rental unit before the tenant moves in.
After completing the inspection, both the landlord and the tenant have to sign the move-in form. By doing so, they both agree on the condition of the leased unit or the existence of any damages before the tenant has moved in.
Lastly, the tenant will pay the first month's rent and, if necessary, any deposits or fees. The landlord will then give the tenant the keys to the property.