Tenant Rights and Responsibilities When Renting in Idaho

In Idaho, tenants have several key rights including: the right to a habitable dwelling, the right to privacy (landlords must generally provide 24 hours notice before entering), the right to have security deposits returned within 21 days after moving out, protection against retaliation, and the right to proper eviction procedures. Idaho follows the implied warranty of habitability, meaning your rental must meet basic health and safety standards.

Idaho state law does not set a maximum limit on security deposits. The amount is negotiable between landlord and tenant. However, landlords must return the security deposit (minus legitimate deductions for damages beyond normal wear and tear) within 21 days after you move out, or within 30 days if agreed upon in the lease.

For month-to-month tenancies in Idaho, landlords must provide at least 15 days' written notice before increasing rent. For fixed-term leases, rent generally cannot be increased until the lease term ends, unless the lease specifically allows for increases during the term. Always check your lease agreement for specific terms regarding rent increases.

In Idaho, the notice period depends on the reason for eviction. For non-payment of rent, landlords must give a 3-day notice to pay or vacate. For lease violations, a 3-day notice to remedy or vacate is required. For no-cause evictions in month-to-month tenancies, landlords must provide 30 days' notice. These are minimum requirements; your lease may specify longer periods.

Idaho law requires landlords to give reasonable notice before entering a rental property, which is generally interpreted as 24 hours. Exceptions exist for emergencies, abandonment, or when immediate entry is necessary to protect the property. Your lease may specify exact notice requirements, but landlords cannot use their right of entry to harass tenants.

Idaho landlords must maintain rental properties in a habitable condition, including functioning plumbing, heating, electrical systems, and structural components. They must comply with applicable building and housing codes affecting health and safety. If essential services fail, notify your landlord in writing immediately. If they fail to make repairs within 3 days for essential services, you may have remedies such as repair-and-deduct or termination of the lease.

Idaho does not have specific statutes authorizing rent withholding for repair issues. Instead, tenants should provide written notice of needed repairs and allow reasonable time for the landlord to address them. If the landlord fails to make essential repairs that affect habitability, you may have grounds to terminate the lease or pursue a 'repair and deduct' remedy, but you should consult with a legal professional before withholding rent.

To maximize your chances of getting your full security deposit returned: (1) Give proper written notice before moving out; (2) Clean the property thoroughly; (3) Document the condition with photos/video before leaving; (4) Return all keys; (5) Provide a forwarding address. Landlords must return deposits within 21 days after move-out (or 30 days if specified in the lease), with an itemized list of any deductions. If they fail to do so, you may be entitled to recover the full deposit amount.

A comprehensive Idaho rental agreement should include: names of all parties, property address, rental amount and due date, security deposit amount and terms, lease duration, utilities responsibility, maintenance responsibilities, pet policies, entry notice requirements, and any other house rules. While oral leases are legally binding for terms less than one year, written agreements provide better protection for both parties and are strongly recommended.