Free Idaho Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Idaho Residential Lease Agreement

A Idaho residential lease (also called a Idaho rental agreement) sets the rent, term and house rules for a home rental. An Idaho residential lease agreement is governed mainly by Idaho Code Title 6, chapter 3 (unlawful detainer, tenant remedies and security deposits) and Title 55, chapters 2 and 3 (tenancies, rent and fees). Idaho is a light-touch state — no deposit cap, no entry-notice statute, no rent control — but it does require deposit refunds within 21–30 days, 30 days’ written notice of any rent increase or non-renewal, and reasonable, disclosed fees.

Idaho landlord–tenant law at a glance

Idaho residential lease law summary
Security deposit limit	No statutory cap
Deposit return	21 days if the lease sets no period; never more than 30 days after surrenderIdaho Code §6-321(2)
Late fees	No dollar cap; must be reasonable and stated in the written leaseIdaho Code §55-305
Rent-increase / non-renewal notice	30 days in writing, for every residential leaseIdaho Code §55-304(2)
Landlord entry	No statute — the lease controls; reasonable notice is standard
Month-to-month termination	At least 1 month’s written notice, either partyIdaho Code §55-208
Nonpayment notice	3 days to pay or surrender possessionIdaho Code §6-303(2)
Rent control	Local rent, fee and deposit regulation prohibitedIdaho Code §55-306

Security deposits in Idaho

Idaho sets no limit on the size of a security deposit. Any amount a tenant pays for a purpose other than rent is treated as a security deposit, and the statute controls how and when it comes back (§6-321(1)).

Wear and tear — The landlord can’t keep any part of the deposit for normal wear and tear — deterioration from ordinary intended use, without negligence, carelessness, accident or abuse by the tenant, household or guests (§6-321(1)).
Refund deadline — Refunds are due within 21 days after the tenant surrenders the premises if the lease fixes no period, and in any event within 30 days. The lease can set its own period, but never more than 30 days (§6-321(2)).
Itemized statement — Any partial refund must come with a signed statement itemizing what was kept, why, and a detailed list of what was spent from the deposit (§6-321(2)).
Sale of the property — If the property changes hands during the tenancy, the new owner becomes liable to refund the deposit (§6-321(3)).
Third-party managers — A deposit held by a third-party property manager (other than a real estate licensee and certain affiliated or nonprofit managers) must be kept in a separate federally insured account, apart from the manager’s operating funds (§6-321(4)).
Tenant remedy — Failure to return a deposit as required is grounds for a tenant lawsuit after a 3-day written demand (§6-320(a)(4), (d)).

Rent, late fees & rent increases

Fees must be reasonable and disclosed — Under a 2023 law, every fee charged to a residential tenant — including late fees — must be reasonable. A landlord can’t charge a fee, fine or cost that isn’t in the rental agreement, or more than the agreed amount, unless the agreement is oral or the landlord gives 30 days’ written notice of the change. It applies to leases signed or renewed on or after July 1, 2023, and doesn’t limit the rent itself (§55-305).
No fixed late-fee cap — Idaho sets no dollar or percentage cap and no mandatory grace period; an excessive late fee risks being struck as unreasonable.
30-day increase notice — In every residential lease, the landlord must give written notice at least 30 days before a rent increase takes effect (§55-304(2)); a 2025 recodification moved this rule from §55-307. A fixed-term lease can’t be raised mid-term unless it says so.
Rent control — Cities and counties may not enact ordinances that regulate rent, fees or deposits on private residential rentals, or force owners into optional federal housing-assistance programs (§55-306).

Landlord entry & access

Idaho has no statute setting an entry-notice period or entry hours. Access is therefore governed by the lease and by the tenant’s common-law right to quiet enjoyment. A clear lease clause — for example, reasonable notice (commonly 24 hours) for non-emergency entry at reasonable times, with immediate access in an emergency — avoids disputes. Whatever period your lease sets is what governs.

Ending an Idaho tenancy

A month-to-month (at-will) tenancy ends when either side gives written notice of at least one month (§55-208). For any residential lease, a landlord who does not intend to renew must give written notice at least 30 days before the lease ends (§55-304(2)).

Key Idaho notice periods
Month-to-month termination (either party)	1 month§55-208
Non-renewal or rent increase	30 days§55-304(2)
Nonpayment of rent	3 days to pay or quit§6-303(2)
Other lease violation	3 days to cure or quit§6-303(3)
Tenant demand for repairs / deposit	3 days before suit§6-320(d)

Nonpayment — After rent is late, the landlord may serve a written 3-day notice stating the amount due and demanding payment or surrender of possession; it must also tell a residential tenant they will have 72 hours after a judgment to remove belongings (§6-303(2)). For attorney’s fees to be awarded, the notice must also say that fees will be awarded to the prevailing party (§6-324).
Other breaches — For a failure to perform another lease condition or covenant, the landlord serves a written 3-day notice to perform it or surrender possession (§6-303(3)).
Attorney’s fees — The prevailing party in these landlord-tenant actions is entitled to attorney’s fees, except where treble damages are awarded (§6-324).
Military — Servicemembers with qualifying orders may terminate under the federal SCRA (50 U.S.C. §3955).

Required disclosures in Idaho

Idaho doesn’t mandate state-specific radon, mold, bedbug or deposit-account disclosures.

All fees in writing — Every fee the tenant may be charged — late fees, pet fees, service charges — must be reasonable, and on a written lease can’t be charged unless it’s in the rental agreement or the landlord gives 30 days’ written notice of the change (§55-305).
Lead-based paint — Federal lead warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
Smoke detectors — Not a written disclosure, but at the start of a rental the landlord must verify that approved smoke detectors are installed and working; failing to install them is a statutory breach (§6-320(a)(6)).

Habitability & repairs

Idaho states the landlord’s core duties as grounds for a tenant lawsuit: reasonable waterproofing and weather protection; electrical, plumbing, heating, ventilating, cooling and sanitary facilities kept in good working order; no maintenance of the premises in a way hazardous to health or safety; returning deposits as the law requires; honoring lease terms that materially affect health and safety; and installing approved smoke detectors (§6-320(a)).

Before suing, the tenant must give the landlord a written 3-day notice listing each failure and demanding it be fixed (§6-320(d)). Apart from a narrow smoke-detector remedy — a tenant may install detectors and deduct the cost if the landlord doesn’t within 72 hours of a certified-mail notice (§6-320(a)(6)) — Idaho law does not authorize rent withholding or repair-and-deduct; the remedy is damages and a court order to perform, with attorney’s fees to the prevailing party (§§6-320, 6-324).

Tenant protections you can’t waive

Deposit rules — The 21/30-day refund deadline, the itemized statement and the ban on charging normal wear and tear apply regardless of the lease (§6-321).
Fee limits — Fees must be reasonable and agreed in writing, and changing them on a written lease needs 30 days’ written notice (§55-305).
Notice of increases — The 30-day written notice for a rent increase or non-renewal applies to all residential leases (§55-304(2)).
Court process — The legal route to recover possession is an unlawful-detainer action under Idaho Code Title 6, chapter 3. Idaho has no specific lockout statute, but self-help such as changing locks or cutting utilities to force a tenant out exposes the landlord to liability.

Idaho lease agreement FAQs

How much can a landlord charge for a security deposit in Idaho?

Idaho has no statutory cap — the deposit is whatever the lease sets. The law instead controls the refund: no deductions for normal wear and tear, and a refund within 21 to 30 days with an itemized statement (Idaho Code §6-321).

How long does a landlord have to return a security deposit in Idaho?

Within 21 days after the tenant moves out if the lease doesn’t set a period, and never more than 30 days. Any deductions must be itemized in a signed statement with a detailed list of expenditures (§6-321(2)).

Is there a cap on late fees in Idaho?

There’s no dollar or percentage cap, but since July 1, 2023 every fee charged to a residential tenant — late fees included — must be reasonable and must be in the rental agreement. Changing a fee on a written lease requires 30 days’ written notice (Idaho Code §55-305).

How much notice does an Idaho landlord need to raise the rent?

At least 30 days’ written notice before the increase takes effect, for every residential lease. The same 30-day written notice applies if the landlord won’t renew the lease (Idaho Code §55-304(2)).

How much notice does a landlord need to enter in Idaho?

Idaho has no statute on landlord entry, so the lease governs. Most Idaho leases require reasonable notice — commonly 24 hours — for non-emergency entry, with immediate entry in an emergency.

How much notice is required to evict a tenant for nonpayment in Idaho?

A written 3-day notice stating the amount due and demanding payment or surrender of possession (Idaho Code §6-303(2)). To recover attorney’s fees, the notice must also say that fees will be awarded to the prevailing party (§6-324). If the tenant doesn’t pay or leave, the landlord can file an unlawful-detainer action.

How much notice is needed to end a month-to-month lease in Idaho?

At least one month’s written notice from either the landlord or the tenant (Idaho Code §55-208).

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