There was an Internet rumor a few years back that Idaho law prohibits gifts of candy, unless it is over fifty pounds. Even though it turned out to be false, it’s no stretch to say that Idaho has some quirky and unique landlord-tenant laws. Below is a recap of the most common landlord-tenant regulations to help you get started.
At a Glance:
Late Fees: There are no amount restrictions, but late fees must be outlined in the lease agreement to be enforceable.
Security Deposit: No limit: there is nothing in the statutes about a limitation of how much landlords can charge for a security deposit.
Returned Payment Fee Limit: Interest rate per annum of 12%, $20 OR the face amount of the check, whichever is less after specific procedures are followed (more below).
Notice to Enter: There is no statute on the amount of notice needed except that it must be placed in the lease.
Late Fee/Returned Check Fee:
Idaho landlords may charge whatever amount they feel is fair for a late fee as long as it in the lease. Returned payments fees or NSF fees are a bit more complicated. First, according to Title 27, Chapter 22, Section 106 of the Idaho statutes, notice must be sent giving the tenant fifteen days to pay. The notice must be in precisely the same language that is in the statute. If the tenant makes good on the check before the end of the fifteen days, nothing further occurs.
IMPORTANT: If the tenant is notified of a fee ahead of time, such as in the lease then no notice is needed and the fee may be assessed immediately.
There are no state maximums limiting the amount a landlord may collect for a security deposit, whether interest must be paid to tenant or not, separate pet deposits, or non-refundable fees.
The landlord has twenty-one days to return the security deposit, or when any deductions have been made, a statement of deductions must be sent including any amount that if leftover. The amount of time may be extended to thirty-days but only if written into a lease or agreed upon by landlord and tenant.
Idaho is not much different than most states, enforcing that the landlord maintain the rental unit so it is safe. There may be local ordinances with more rigorous requirements and all owners of real estate should always become familiar with those codes and laws.
Right of Entry:
Idaho statutes are silent on the amount of time for a notice for entry is. Therefore, a landlord should just be sure to use caution and it is probably better to let the tenant know then not unless for an emergency. However, there is a requirement in §§ 55-210 of the Idaho statutes that provides a three day notice to be given to a tenant who is believed to have abandoned the property. Once notice is given, ignore by the receiver and abandonment seems substantiated; the landlord may make entrance.
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Notice to End Lease:
In Idaho, the lease takes the lead on ending the tenancy. Where there is no lease and the tenancy runs from month to month, 30 days’ written notice by either landlord or tenant is required.
If a tenant fails to pay rent or breaks a lease term, the landlord will provide a 3 day notice to pay or cure (fix) the issue. If the tenant fails to take care of it within the time allotted, the landlord can then go to court and immediately initiate court proceedings. In Idaho, once this is done, the complaint must be served to the offending party within twelve days. The exception to the necessity of the three-day notice would be if there is reason to believe illegal drug activity is occurring on or about the rental property. In that case no advance notice is needed to file a complaint to have the tenant removed.
Questions? Ask an Idaho Attorney!
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