Idaho Residential Lease Agreement
What Idaho law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Idaho lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Idaho rules your lease has to live with
Beyond the deposit, Idaho law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Late fees. No cap; any fee including late-payment fees must be 'reasonable' and may not exceed what the rental agreement states (agreements entered/renewed on or after July 1, 2023) — Idaho Code § 55-305 (added 2023, ch. 67; redesignated from § 55-314 by 2025, ch. 65) ↗
- Rent increases. Residential: at least 30 days' written notice before a rent increase takes effect (general month-to-month change of terms: 15 days before end of month) — Idaho Code § 55-304(1)-(2) (am. 2024, ch. 257; redesignated from § 55-307 by 2025, ch. 65) ↗
- Repair and deduct. Not generally permitted; only exception is smoke detectors: after 72-hour certified-mail notice tenant may install them and deduct cost from next month's rent. Other defects: 3-day written notice then court action. — Idaho Code § 6-320(a)(6), (d) (am. 1994, ch. 418); Idaho AG Landlord and Tenant Manual (2018) 'Withholding Rent' ↗
- Habitability. Idaho law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — Idaho Code § 6-320 ↗
Each point links to the Idaho source it was taken from. Rules change; confirm before relying on them.
What Idaho law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 21 days after move-out
- Notice to end month-to-month
- 30 days
Source: Idaho Code §6-321 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 21 days after move-out? Ask for it in writing with a Idaho security deposit demand letter; if that doesn’t work, the usual next step is Idaho small claims court.
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Frequently asked questions
How much security deposit can a landlord charge in Idaho?
Idaho does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 21 days after you move out (as of 2026). Source: Idaho Code §6-321.
Is this lease valid in Idaho?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Idaho once both sides sign. What it cannot do is contract around Idaho law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
Can a landlord charge late fees in Idaho?
No cap; any fee including late-payment fees must be 'reasonable' and may not exceed what the rental agreement states (agreements entered/renewed on or after July 1, 2023) Source: Idaho Code § 55-305 (added 2023, ch. 67; redesignated from § 55-314 by 2025, ch. 65).
Can a tenant repair and deduct rent in Idaho?
Not generally permitted; only exception is smoke detectors: after 72-hour certified-mail notice tenant may install them and deduct cost from next month's rent. Other defects: 3-day written notice then court action. Source: Idaho Code § 6-320(a)(6), (d) (am. 1994, ch. 418); Idaho AG Landlord and Tenant Manual (2018) 'Withholding Rent'.
How does Idaho compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Idaho compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Idaho: Idaho Code §6-321 ↗.
- Idaho is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 21 days — below the national median of 30 days across the 51 states with a statutory rule.
Ranked #39 of 51 states (tied with 3) — higher means more time for the landlord to return the deposit.
3 other states use the same figure.
Deposit return deadline in neighboring states — Montana (30 days), Nevada (30 days), Oregon (31 days), Utah (30 days), Washington (30 days), Wyoming (30 days). Idaho's 21 days is the shortest among its neighbors.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Montana (30 days), Nevada (30 days), Oregon (30 days), Utah (15 days), Washington (20 days), Wyoming (no statutory rule).
The rest of what Idaho requires
The figures below are Idaho's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Idaho page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Idaho Code § 6-303; § 55-208 ↗
- Notice to cure a lease violation · as of 2026
- 3 days Idaho Code § 6-303; § 55-208 ↗
- Small claims limit · as of 2026
- $5,000 Idaho Code §1-2301 (limit); §1-2307 (attorney bar — pre-2000 numbering was §1-2308) ↗
- Where you file · as of 2026
- Small Claims Department of the Magistrate Division of the District Court · filing fee $69 Idaho Code §1-2301 (limit); §1-2307 (attorney bar — pre-2000 numbering was §1-2308) ↗
- Rental application fee · as of July 2026
- No statutory limit Idaho Statutes ↗
- Bill of sale notarization · as of 2026
- Not required Idaho ITD (Form ITD 3738) / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Idaho Code §15-12-105 (form §15-12-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Idaho Code § 30-25-102(9) ↗
- Recording a deed · as of 2026
- County Recorder (the elected county clerk serves ex officio as auditor and recorder, Idaho Code § 31-2001) · no witnesses Idaho Code § 55-601 ↗
Lease agreement in other states
More Idaho legal forms
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