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Idaho Residential Lease Agreement

Idaho sets no statutory security deposit cap, but landlords must refund it within 21 to 30 days. Build a free Idaho lease agreement. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, covering the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. Idaho has no single unified residential landlord-tenant act; the rules that apply are spread across Idaho Code Title 55, Chapter 3 and Title 6, Chapter 3, and were renumbered by 2025 Session Laws chapter 65 (S.B. 1043). Idaho sets no statutory cap on the security deposit a landlord can charge, but under Idaho Code Section 6-321 the landlord must refund it within 21 days if the lease does not fix a time, and within 30 days in any event after the tenant surrenders the premises, with a signed itemized statement for any partial refund. Idaho requires only the federal lead-based paint disclosure for housing built before 1978; the state imposes no additional residential lease disclosure. Idaho Code has no statute requiring a landlord to give advance notice before entering the premises, so reasonable access is a matter the lease itself should address. Either party ends a month-to-month tenancy with at least 30 days' written notice under Idaho Code Section 55-208, and a landlord must give at least 30 days' written notice before a rent increase under Idaho Code Section 55-304. Attorney review is available as an option before signing.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract that sets the rent, term, deposit, responsibilities, and end-of-tenancy rules for renting a landlord's residential property.

  2. 2

    Idaho sets no statutory cap on the security deposit amount. Under Idaho Code Section 6-321 the landlord must refund the deposit within 21 days if no time is fixed by the lease, and within 30 days in any event, with a signed itemized statement for any amount withheld.

  3. 3

    Idaho requires only the federal lead-based paint disclosure for pre-1978 housing (42 U.S.C. Section 4852d). Idaho Code imposes no additional state-specific residential lease disclosure.

  4. 4

    Idaho Code has no statute requiring a landlord to give advance notice before entering the premises. There is no fixed notice-hours rule, so the lease itself should set reasonable access terms.

  5. 5

    There is no numeric statutory cap on late fees, but under Idaho Code Section 55-305 any fee charged to a residential tenant, including a late fee, must be reasonable, and there is no statutory grace period before a late fee may accrue.

  6. 6

    Either party ends a month-to-month tenancy with at least 30 days' written notice (not less than one month) under Idaho Code Section 55-208. A landlord must give at least 30 days' written notice before a rent increase or nonrenewal under Idaho Code Section 55-304, and at least 15 days' notice to change other lease terms.

  7. 7

    Idaho has no rent control. Idaho Code Section 55-306, added in 2025, bars local governments from enacting ordinances that regulate the rent, fees, or deposits a private residential landlord may charge.

Key decisions before you file

Before you file a Residential Lease Agreement in Idaho, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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IDAHO RESIDENTIAL LEASE AGREEMENT

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: rent, term, deposit, responsibilities, and how the tenancy ends. This is a compact Idaho lease skeleton.

  1. PARTIES AND PREMISES This Lease is entered into on [DATE] between [LANDLORD NAME] (the landlord, also called the lessor) and [TENANT NAME] (the tenant, also called the lessee), for the residential property located at [PROPERTY ADDRESS], Idaho (the Premises).

  2. TERM The tenancy begins on [START DATE] and is either a fixed term ending on [END DATE], or a month-to-month tenancy that continues until either party gives proper notice under Section 8 below.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month. Idaho Code sets no statutory grace period before a late fee may accrue. Any late fee, under Idaho Code Section 55-305, must be reasonable; this Lease sets the late fee at $[AMOUNT] or [PERCENT]%. Landlord must give Tenant at least 30 days' written notice before imposing or changing any fee, including a late fee.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Idaho sets no statutory cap on the deposit amount (Idaho Code Section 6-321). Landlord shall refund the deposit within 21 days if this Lease fixes no other time, and in any event within 30 days after Tenant surrenders the Premises. Landlord may not deduct for normal wear and tear. Any partial refund must include a signed statement itemizing the amounts retained, the reason, and the expenditures made. If the Premises changes ownership during the tenancy, the new owner becomes liable for refunding the deposit.

  5. DISCLOSURES If the Premises was built before 1978, Landlord must give Tenant the federal Lead-Based Paint disclosure and pamphlet (42 U.S.C. Section 4852d). Idaho Code imposes no additional state-specific residential lease disclosure requirement.

  6. ENTRY Idaho Code contains no statute requiring Landlord to give advance notice before entering the Premises. Reader caution: because no statutory notice period exists, the parties should agree in writing on reasonable access terms, such as [NOTICE HOURS], to avoid later disputes.

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and free of damage beyond normal wear and tear, and shall use the Premises only as a residence. Landlord shall maintain the Premises in habitable condition.

  8. TERMINATION Either party may end a month-to-month tenancy by giving the other at least 30 days' written notice, not less than one month, under Idaho Code Section 55-208. Landlord must give Tenant at least 30 days' written notice before any rent increase or nonrenewal under Idaho Code Section 55-304, and at least 15 days' written notice before changing any other lease term. Idaho Code Section 55-306 bars local rent control, so no rent-control or just-cause limits apply here.

SIGNATURES

[LANDLORD NAME], Landlord

[TENANT NAME], Tenant

Note: This is an Idaho skeleton governed by Idaho Code Title 55, Chapter 3 and Idaho Code Title 6, Chapter 3. For the complete, customizable template, see the full Residential Lease Agreement template.

Idaho Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap

Idaho Code sets no statutory cap on the amount a landlord may charge for a security deposit (Idaho Code Section 6-321). The lease should state the deposit amount clearly since Idaho law does not limit it.

Refund the Deposit Within 21 or 30 Days With an Itemized Statement

Refund the deposit within 21 days if the lease fixes no other time, and within 30 days in any event after the tenant surrenders the premises (Idaho Code Section 6-321). Any partial refund must include a signed statement itemizing the amounts retained, the purpose, and a detailed list of expenditures.

No Deduction for Normal Wear and Tear

Idaho Code Section 6-321(1) does not allow a landlord to retain any part of a security deposit to cover normal wear and tear, as defined in the statute. Deductions must relate to damage or unpaid amounts beyond ordinary use.

Deposit Liability Follows a Change in Ownership

If the rental property changes ownership during the tenancy, Idaho Code Section 6-321(3) makes the new owner liable for refunding the tenant's security deposit.

Give the Federal Lead-Based Paint Disclosure for Pre-1978 Housing

If the rental unit was built before 1978, federal law (42 U.S.C. Section 4852d) requires the landlord to give the tenant the lead-based paint disclosure and EPA pamphlet. Idaho Code imposes no additional state-specific residential lease disclosure.

No Statutory Entry-Notice Requirement, So Set Access Terms in the Lease

Idaho Code Title 55, Chapter 3 and Title 6, Chapter 3 contain no provision requiring a landlord to give advance notice before entering. Reader caution: because no statutory notice-hours rule exists, the lease should state a reasonable entry-notice term to avoid disputes.

Late Fees Must Be Reasonable, With 30 Days' Notice to Change a Fee

Idaho Code Section 55-305 requires any fee charged to a residential tenant, including a late fee, to be reasonable; the statute sets no numeric cap and no statutory grace period. A landlord must give the tenant at least 30 days' written notice before imposing or changing a fee.

Termination and Rent-Increase Notice; No Rent Control

Either party ends a month-to-month tenancy with at least 30 days' written notice, not less than one month (Idaho Code Section 55-208). A landlord must give at least 30 days' written notice before a rent increase or nonrenewal (Idaho Code Section 55-304), and at least 15 days' notice to change other lease terms. Idaho Code Section 55-306 bars local rent control, so no rent-control or just-cause limits apply.

Frequently Asked Questions

An Idaho lease should name the landlord and tenant, describe the rental address, set the rent amount and due date, state the security deposit amount and refund terms, and include the federal lead-based paint disclosure if the home was built before 1978. Idaho imposes no additional state-specific disclosure. It should also spell out how either party ends a month-to-month tenancy, since Idaho Code sets a 30-day written-notice rule for that.

Idaho sets no statutory cap on the security deposit a landlord may charge; the amount is whatever the lease states. Once the tenancy ends, Idaho Code Section 6-321 requires the landlord to refund the deposit within 21 days if the lease does not fix a time, and within 30 days in any event, minus only lawful deductions, none of which may cover normal wear and tear.

Yes, the template on this page is free to generate and customize for an Idaho tenancy. Attorney review is available afterward as an optional add-on if you want a licensed attorney to check the finished lease before you sign it.

No. A residential lease agreement in Idaho does not need to be notarized or witnessed to be valid. Both the landlord and tenant sign the lease, and keeping a signed copy is what matters for enforcing its terms, not notarization.

Idaho Code has no statute requiring a landlord to give advance notice before entering. Because no statewide notice-hours rule exists, tenants and landlords should rely on whatever entry terms the lease itself sets, and a lease that spells out reasonable notice avoids later disputes.

Only one disclosure is required by law for most Idaho leases: the federal lead-based paint disclosure and pamphlet for housing built before 1978. Idaho Code Title 55, Chapter 3 and Title 6, Chapter 3 impose no additional state-mandated residential disclosure beyond that federal rule.

Either the landlord or the tenant can end a month-to-month tenancy in Idaho by giving the other at least 30 days' written notice, not less than one month, under Idaho Code Section 55-208. A landlord must give at least 30 days' written notice before raising the rent or declining to renew, and at least 15 days' notice to change any other lease term, under Idaho Code Section 55-304.

Yes. Idaho Code Section 55-305 allows a landlord to charge a late fee, but the fee must be reasonable; the statute sets no specific dollar cap and no statutory grace period before the fee may apply. A landlord must also give the tenant 30 days' written notice before imposing or changing any fee, including a late fee.