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Idaho Roommate Agreement

The Idaho rules that shape the document: no lodger law, a 2025 sheriff-removal statute that excludes invited roommates, and a fair housing exemption narrower than the federal one.

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Introduction

A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In Idaho, three things shape the document beyond the national template: Idaho has no lodger law, and its new 2025 sheriff-removal statute, Idaho Code 6-310A, expressly excludes anyone with an oral or written rental agreement authorized by the owner, so removing an unwanted roommate still requires a formal unlawful detainer action; whether a roommate is a cotenant or a subtenant turns on whether that person is named on the lease, and Idaho Code 6-303(3) lets the original tenant, not just the landlord, bring that unlawful detainer action directly against their own subtenant; and Idaho's fair housing exemption for shared living, Idaho Code 67-5910(7), is narrower than the federal Mrs. Murphy exemption, capping out at a two-unit building rather than four.

Key Things to Know

  1. 1

    Idaho has no lodger law. Its 2025 sheriff-removal statute, Idaho Code 6-310A, looks like it could remove an unwanted roommate quickly, but it expressly excludes anyone with any tenancy or rental agreement, oral or written, authorized by the property owner. An invited roommate still can only be removed through a formal unlawful detainer action.

  2. 2

    Whether a roommate is a cotenant or a subtenant depends on whether that person is named on the lease, not on any statutory default. Idaho Code 6-303(3)-(4) treats a subtenant as legally distinct from a tenant, and that distinction determines who can bring an eviction action against them.

  3. 3

    Counterintuitively, if a roommate is a subtenant rather than a cotenant, Idaho Code 6-303(3) lets the original tenant personally bring an unlawful detainer proceeding against that subtenant, using the same process a landlord uses against a tenant. The landlord does not have to be the one who acts.

  4. 4

    No Idaho statute requires landlord consent to add a roommate independent of the lease itself. Consent is governed by whatever assignment or subletting covenant the lease contains; if the lease is silent, Idaho Code 6-303 does not itself impose a separate consent requirement.

  5. 5

    No Idaho statute sets a default rule on joint-and-several rent liability among roommates. That outcome follows from the lease the roommates signed, not from a separate state statute, so state each roommate's payment share explicitly in the agreement.

  6. 6

    Idaho Code 6-321 governs only the landlord's duty to refund a security deposit to the tenant after surrender of the premises. It says nothing about dividing that deposit among roommates, leaving the split entirely to the roommates' own written agreement.

  7. 7

    Idaho's shared-living exemption from its fair housing law, Idaho Code 67-5910(7), caps out at a building of two independently-living units, narrower than the federal Mrs. Murphy exemption's four-unit threshold, and it exempts advertising along with selection.

Key decisions before you file

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

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Idaho Roommate Agreement (Compact State Terms)

This compact set states the Idaho-specific terms of a Roommate Agreement between co-tenants. Use it together with the full national Roommate Agreement template, which contains the general provisions on parties, rent division, chores, guests, and shared expenses that Idaho law leaves to the parties themselves.

1. Governing Law. This Agreement is governed by Idaho law, without regard to its conflict-of-laws rules. It is a contract solely between the Roommates: it does not modify the Lease, add any Roommate to the Lease, or obligate the landlord.

2. Cotenant or Subtenant Status; Who May Evict. Idaho Code 6-303(3)-(4) treats a subtenant as legally distinct from a tenant. Whether a Roommate is a cotenant, named on the Lease, or a subtenant is determined by the Lease: [insert status for each Roommate]. If a Roommate is a subtenant, Section 6-303(3) lets the original tenant, not only the landlord, bring an unlawful detainer proceeding against that subtenant. If the Roommate is a cotenant, removal requires the landlord's participation. Consent to add a Roommate is governed by the Lease's own assignment or subletting covenant; Idaho law adds no separate consent requirement where the Lease is silent.

3. No Idaho Lodger Law; Removal Requires Formal Eviction. Idaho has no lodger statute. Its 2025 sheriff-based removal law, Idaho Code 6-310A, targets unauthorized trespassers only and does not apply to anyone with a tenancy or rental agreement, oral or written, authorized by the owner, which includes an invited Roommate. Roommates may not use self-help, lockouts, or removal of belongings against one another. Removing a Roommate who will not leave requires a formal unlawful detainer action under Idaho Code 6-303.

4. No Statutory Rule on Rent Liability Among Roommates. No Idaho statute sets a default rule on joint and several rent liability; that follows from the Lease itself. The Parties agree each Roommate is responsible for this share of total rent: [insert each Roommate's share].

5. No Statutory Rule on Splitting the Security Deposit. Idaho Code 6-321(1)-(2) only requires the landlord to refund the deposit to the tenant on surrender of the premises; it says nothing about dividing it among Roommates. The Parties agree the deposit shall be contributed and returned as follows: [insert split and process].

6. Selecting a Roommate. Idaho Code 67-5909(8) bars discrimination in rental transactions and advertising based on race, color, religion, sex, national origin, or disability. Idaho Code 67-5910(7) exempts both selection and advertising where the accommodation is a building of two or fewer independently-living units and the lessor or family resides in one, or a room rented by an individual whose family resides there. Every other listed class still applies; the exemption changes only shared-living rules. Within Boise, the city's fair housing program separately bars discrimination based on sexual orientation and gender identity or expression, and Ordinance No. 37-23 bars denying tenancy for lawful source of income, with an exception for landlords who own and self-manage two or fewer units.

7. Execution. This Agreement is effective when signed by all Roommates.

This compact Idaho set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Idaho Requirements for Roommate Agreement

Idaho Cotenant or Subtenant Status Turns on the Lease

Idaho Code 6-303(3)-(4) treats a subtenant as legally distinct from a tenant. The agreement should state whether each roommate is named on the lease, since that determines who can bring an eviction action and how.

Idaho Removal Requires Formal Eviction, Not Section 6-310A

Idaho has no lodger law, and its 2025 sheriff-removal statute, Idaho Code 6-310A, expressly excludes anyone with an oral or written rental agreement authorized by the owner. State clearly that removing an unwanted roommate requires a formal unlawful detainer action under Idaho Code 6-303.

Idaho Original Tenant May Sue a Subtenant Directly

Idaho Code 6-303(3) lets the original tenant, not only the landlord, bring an unlawful detainer proceeding against their own subtenant. Note this mechanism separately from the ordinary landlord-driven eviction path.

Idaho Has No Default Rule on Joint Rent Liability

No Idaho statute sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Idaho default.

Idaho Has No Statutory Deposit-Apportionment Rule

Idaho Code 6-321 only requires the landlord to refund the deposit to the tenant, with no statutory division among roommates. Include a clause setting each roommate's contribution and the move-out division.

Idaho Fair Housing Exemption Is Narrower Than Federal

Idaho Code 67-5910(7) exempts owner-occupied buildings of two or fewer units, narrower than the federal four-unit Mrs. Murphy exemption, and covers both selection and advertising. Boise separately protects sexual orientation, gender identity or expression, and source of income beyond state law.

Frequently Asked Questions

It is a contract between co-tenants who share a home in Idaho. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.

No. Idaho has no lodger law, and its 2025 sheriff-removal statute, Idaho Code 6-310A, expressly excludes anyone with a tenancy or rental agreement, oral or written, authorized by the property owner. An invited roommate can only be removed through a formal unlawful detainer action.

No. Idaho Code 6-310A, effective July 1, 2025, lets an owner seek sheriff removal of an unauthorized trespasser, but it does not apply to anyone with any tenancy or rental agreement, oral or written, authorized by the owner. An invited roommate falls outside it, so a formal eviction is still required.

Yes, in some cases. If your roommate is a subtenant rather than a cotenant named on the lease, Idaho Code 6-303(3) lets you, as the original tenant, bring an unlawful detainer proceeding directly against that subtenant, using the same process a landlord uses against a tenant.

Idaho has no statute setting a default rule on this. Whether each roommate owes the full rent or only a share depends on the lease itself, not a separate Idaho statute, so the roommate agreement should state each person's payment share explicitly.

Idaho law does not say. Idaho Code 6-321 only requires the landlord to refund the deposit to the tenant after surrender of the premises; it does not divide that money among roommates. The roommate agreement is what governs how the deposit is split.

Idaho Code 67-5909(8) bars discrimination based on race, color, religion, sex, national origin, or disability, but Idaho Code 67-5910(7) exempts a building of two or fewer independently-living units where the lessor or family resides in one, and a room rented by someone who resides there, from both the selection and advertising rules.

Yes. Boise's city fair housing program separately protects sexual orientation and gender identity or expression, classes state law does not cover, and Ordinance No. 37-23 bars denying tenancy based on lawful source of income, with an exception for landlords who own and self-manage two or fewer units.