Lease Agreements (6)
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
Required Disclosures
1.) BID Disclosure: Landlords inform tenants if the premises is in a business improvement district, especially when tenants may submit “payment of special assessments to the legislative authority” (IDC § 50-2623)
2.) Lead-Based Paint Disclosure: This will includes informative brochure educating readers about the dangers linked to lead exposure, especially those on the property (for pre-1978 buildings).
When is Rent Due?
Grace Period: Idaho expects landlords and tenants to cover the due date as well as any grace period in the lease.
Unpaid Rent: The landlord issues a 72-hour pay-or-quit notice whenever the tenant does not pay the rent (IDC § 6-303).
Late Fees
NSF Fee
Security Deposit Maximum ($)
Security Deposit Return
Returning to Tenant: Leases set the return schedule or default to requiring a twenty-one-day return; otherwise, however, the refund must be received within 30 days of termination (IDC § 6-321).
Itemized List: Landlords deduct for significant damages from the security, but execute an accounting in writing when returning the deposit (IDC § 6-321).
Landlord’s Right To Enter
Standard Entry: Idaho does not regulate a landlord’s right to enter beyond the rules of a legally crafted lease.
Emergency Entry: Idaho specifically gives landlords the right to enter manufactured homes and floating homes. (IDC § 55-2707)
Mobile Homes: Landlords access the lot for maintenance only with tenant consent or during an emergency or when abandonment is possible. (Idaho Code § 55-2007(3)(e))
Absence
Tenants must read their lease regarding when a landlord considers abandonment, since Idaho will rely on a reasonably written lease (Idaho Courts Self-Help Booklet).
Mobile Home: Whenever the landlord believes abandonment, they must send notice to the lien holder or legal owner ( IDC § 55-2009A).
Repair and Deduct
Residential leases declare when tenants deduct rent for repairs; however, tenants can deduct to replace smoke detectors (IDC § 6-320).
Mobile Homes: Tenants can sue the landlord for health and safety violations but must pay the rent (IDC § 55-2014).
Tenant Breaking a Lease
Duty to Mitigate: Idaho does not obligate landlords to mitigate tenant losses unless the tenant terminates the lease or abandons the property Consolidated Ag of Curry, Inc. v. Rangen, Inc., 128 Idaho 228, 912 P.2d 115 (1996).
Domestic Violence: Idaho expects lease term compliance; however, tenants may pursue this need in court (IDC § 6-320).
Active Military: Military personnel terminate an Idaho lease in order to report for duty or reassignment (50 USC § 3955).
Landlord’s Noncompliance: Idaho enforces legal lease terms; however, it encourages tenants to pursue lease violations in court (IDC § 6-320).
Landlord’s Harassment: Idaho focuses its efforts on lease enforcement; therefore, tenants should follow proper channels rather than abandon a property.






