Landlord laws

Idaho landlord-tenant law

Idaho Code Title 6, ch. 3 (Forcible Entry and Unlawful Detainer) and Title 55, ch. 2–3, plus § 67-5909 (official text, legislature.idaho.gov)

Last verified Oct 2026

General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
Idaho landlord-tenant rules
TopicRule (plain English)StatuteStatus
Security deposit capNot specified in state statute. No statute caps the security deposit. We checked Idaho Code 6-301 to 6-324 and 55-301 to 55-315. A local government may not regulate deposits (55-306).Idaho Code §§ 6-321, 55-306Not in statute
Deposit return deadlineRefund the deposit within 21 days after the tenant surrenders the premises if the lease sets no deadline, and in any case within 30 days. You may keep only amounts covered by the deposit arrangement, not normal wear and tear. A partial refund needs a signed statement itemizing what you kept, why, and a detailed list of expenses. A new owner is liable for deposits made before the sale.Idaho Code § 6-321(1)–(3)Verified
Deposit holding and interestNot specified in state statute. No statute requires paying interest. If a third-party manager handles the property, the deposit must be kept in a separate account at a federally insured institution. Owners, real estate licensees, and some related managers are exempt from that rule.Idaho Code § 6-321(4)Not in statute
Late fee cap and grace periodNo fixed cap or grace period, but any fee, including late fees, must be reasonable. You may not charge a fee higher than the rental agreement allows, or one not in it, unless the agreement is oral or you give 30 days' written notice of the change. This applies to agreements entered into or renewed on or after July 1, 2023.Idaho Code § 55-305Verified
Landlord entry noticeNot specified in state statute. No statute sets landlord entry or notice rules. We checked Idaho Code Title 6, ch. 3 and Title 55, ch. 2–3.
Note: Entry rights come from the lease and common law, not statute.
Idaho Code § 6-301 et seq.Not in statute
Rent increase noticeFor residential leases, give written notice of a rent increase, or of nonrenewal, at least 30 days before it takes effect.Idaho Code § 55-304(2)Verified
Rent control statusRent control is preempted statewide. A local government may not enforce any ordinance that would regulate rent, fees, or deposits for private residential property, or force owners into optional federal housing assistance programs.Idaho Code § 55-306Verified
Eviction notice: nonpaymentServe a 3-day written notice demanding payment of the stated amount due or possession. It must tell the tenant that, after a judgment, a residential tenant has 72 hours to remove belongings. To get attorney fees, the notice must also say the prevailing party will be awarded them.Idaho Code §§ 6-303(2), 6-324Verified
Eviction notice: lease violationFor breach of a lease condition other than rent, serve a 3-day written notice requiring performance or possession. The tenant can save the lease by performing within those 3 days. Assigning or subletting in breach of the lease, or committing waste, ends the lease; you then serve a 3-day notice to quit. Unlawful drug delivery, production or use on the premises is also unlawful detainer.Idaho Code § 6-303(3)–(5)Verified
Required disclosuresWhen the rental agreement starts, verify that working smoke detectors are installed in the unit (6-320(a)(6)). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113).Idaho Code § 6-320(a)(6); 40 CFR 745.113Verified
Fair housing beyond federal lawIdaho's Human Rights Act adds no housing classes beyond federal law. It lists race, color, religion, sex, national origin, and disability.Idaho Code § 67-5909(8)Verified

Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.

Tools for Idaho landlords

General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.