Idaho Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Idaho, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Idaho. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Idaho |
|---|---|
| Where these laws apply | Idaho Code Title 6, Chapter 3 and Title 55, Chapters 2 and 3 set no county or population limit on where they apply. The tenant's action for damages and specific performance (§ 6-320) does not apply to tracts of land of five acres or more used for agricultural purposes. Idaho Code § 6-320(e); Title 6, Chapter 3; Title 55, Chapters 2 and 3 |
| Security deposit limit | No limit set by Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. Idaho Code Title 6, Chapter 3; Title 55, Chapters 2 and 3 (no provision) |
| Where deposits are held | A security deposit for residential rental premises managed by a landlord's third-party manager must be kept in a separate account at a federally insured financial institution, separate from the third-party agent's operating account. This does not apply to a property owner, managers who have common members or principals with the property owner entity, a real estate licensee, or a nonprofit business organization established under Title 30, Chapter 30. Idaho Code § 6-321(4) |
| Returning the deposit | After the lease or rental agreement ends and the tenant surrenders the premises, the deposit must be refunded except amounts needed to cover the contingencies specified in the deposit arrangement. The refund is due within 21 days if the agreement fixes no time, and in any event within 30 days after the tenant surrenders the premises. A refund of less than the full deposit must come with a signed statement itemizing the amounts kept, their purpose, and a detailed list of expenditures made from the deposit. Idaho Code § 6-321(1), (2) |
| Deposit deductions | Money a tenant deposits with a landlord for any purpose other than paying rent is a security deposit. The landlord may keep only amounts needed to cover the contingencies specified in the deposit arrangement. No part of the deposit may be kept for normal wear and tear: deterioration from the intended use of the unit without negligence, carelessness, accident, misuse or abuse by the tenant, the household, or their invitees or guests. Idaho Code § 6-321(1) |
| Interest on deposits | Not required by Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. Idaho Code Title 6, Chapter 3; Title 55, Chapters 2 and 3 (no provision) |
| Landlord entry notice | No notice rule for a landlord's entry in Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. Idaho Code Title 6, Chapter 3; Title 55, Chapters 2 and 3 (no provision) |
| Notice to end a month-to-month lease | A tenancy at will may be ended by the landlord with written notice to leave within a period of at least one month stated in the notice, or by the tenant with written notice of a move-out date at least one month after the notice. For residential property, the landlord must give the tenant written notice of the landlord's intention not to renew the lease at least 30 days before the nonrenewal. Idaho Code §§ 55-208, 55-304(2) |
| Rent-increase notice | For residential property, at least 30 days' written notice before the rent increase takes effect. For a lease from month to month, the landlord may change the lease terms by written notice given at least 15 days before the end of the month, effective at the end of the month; for residential property, the 30-day rule for rent increases applies notwithstanding this. Idaho Code § 55-304 |
| Late fees | Fees charged to a residential tenant, including late fees, must be reasonable. A fee, fine, assessment, interest or other cost may not be more than the rental agreement states, and may not be charged if the agreement does not include it, unless the agreement is oral, or it is written and the owner gives the tenant 30 days' written notice of the change. These rules apply to rental agreements entered into or renewed on or after July 1, 2023. No grace period in Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. Idaho Code § 55-305; Idaho Code Title 6, Chapter 3; Title 55, Chapters 2 and 3 (no provision) |
| Notice for unpaid rent | After a default in rent, a tenant who stays without the landlord's permission is in unlawful detainer once a three days' written notice requiring payment of the amount due, stated in the notice, or possession of the property has been served. The notice must also tell the tenant that if a court enters judgment against them, a residential tenant will have 72 hours to remove their belongings before the landlord may remove and dispose of them. The notice may be served at any time within one year after the rent becomes due. Idaho Code § 6-303(2) |
| Rent control | Not allowed for local governments. A local governmental unit may not enact, maintain or enforce an ordinance or resolution that would force Idaho property owners to take part in an optional federal housing assistance program or in any other program or law that would otherwise regulate rent, fees or deposits charged for leasing private residential property. This does not limit a local government's right to manage and control residential property in which it has a property interest. Idaho Code § 55-306 |
| Required landlord disclosures | Charges must be in the rental agreement: an owner may not charge a residential tenant a fee, fine, assessment, interest or other cost greater than the rental agreement states, or one the agreement does not include, unless the agreement is oral, or it is written and the owner gives the tenant 30 days' written notice of the change. This applies to rental agreements entered into or renewed on or after July 1, 2023. Idaho Code § 55-305(2), (3) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, national origin and disability. Idaho's law covers an owner or any other person engaging in a real estate transaction, which includes the rental or lease of real property. Familial status is in the federal list but not in Idaho Code § 67-5909. Idaho Code §§ 67-5909(8), 67-5902(12); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Idaho listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Idaho?
No limit set by Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. See the source in the table above.
How long does a Idaho landlord have to return a security deposit?
After the lease or rental agreement ends and the tenant surrenders the premises, the deposit must be refunded except amounts needed to cover the contingencies specified in the deposit arrangement. The refund is due within 21 days if the agreement fixes no time, and in any event within 30 days after the tenant surrenders the premises. A refund of less than the full deposit must come with a signed statement itemizing the amounts kept, their purpose, and a detailed list of expenditures made from the deposit. See the source in the table above.
How much notice must a Idaho landlord give before entering?
No notice rule for a landlord's entry in Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. See the source in the table above.
How much notice ends a month-to-month lease in Idaho?
A tenancy at will may be ended by the landlord with written notice to leave within a period of at least one month stated in the notice, or by the tenant with written notice of a move-out date at least one month after the notice. For residential property, the landlord must give the tenant written notice of the landlord's intention not to renew the lease at least 30 days before the nonrenewal. See the source in the table above.
How much notice is required for a rent increase in Idaho?
For residential property, at least 30 days' written notice before the rent increase takes effect. For a lease from month to month, the landlord may change the lease terms by written notice given at least 15 days before the end of the month, effective at the end of the month; for residential property, the 30-day rule for rent increases applies notwithstanding this. See the source in the table above.
How much can a Idaho landlord charge for late rent?
Fees charged to a residential tenant, including late fees, must be reasonable. A fee, fine, assessment, interest or other cost may not be more than the rental agreement states, and may not be charged if the agreement does not include it, unless the agreement is oral, or it is written and the owner gives the tenant 30 days' written notice of the change. These rules apply to rental agreements entered into or renewed on or after July 1, 2023. No grace period in Idaho Code Title 6, Chapter 3, or Title 55, Chapters 2 and 3. See the source in the table above.
How much notice must a Idaho landlord give when rent is unpaid?
After a default in rent, a tenant who stays without the landlord's permission is in unlawful detainer once a three days' written notice requiring payment of the amount due, stated in the notice, or possession of the property has been served. The notice must also tell the tenant that if a court enters judgment against them, a residential tenant will have 72 hours to remove their belongings before the landlord may remove and dispose of them. The notice may be served at any time within one year after the rent becomes due. See the source in the table above.
Does Idaho have rent control?
Not allowed for local governments. A local governmental unit may not enact, maintain or enforce an ordinance or resolution that would force Idaho property owners to take part in an optional federal housing assistance program or in any other program or law that would otherwise regulate rent, fees or deposits charged for leasing private residential property. This does not limit a local government's right to manage and control residential property in which it has a property interest. See the source in the table above.
Rentals in Idaho listed by owners
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