Types (6)
Commercial (PDF)
Used for renting buildings, office space, or storefronts to businesses. Can be structured as a Triple Net (NNN), gross, or modified gross lease.
Lease-to-Own (PDF)
Contains provisions that allow a tenant to purchase the rental property from the landlord at an agreed price during or at the end of the lease.
Month-to-Month
Automatically renews each month until either party gives at least 1 month’s written notice to end the tenancy.
Roommate (PDF)
A casual agreement between people sharing a rented property that sets expectations for rent, bills, and living arrangements.
Standard (Residential)
Binds a landlord and tenant to a fixed rental term, usually 1 year, under Idaho’s landlord-tenant laws.
Sublease (PDF)
Allows the original tenant to lease part or all of their rented space to a new occupant for the remaining lease period.
Renting in Idaho
| Most Common Rental Type | Single-Family Homes |
| Average Rent | $1,384/mo |
| Households That Rent | 28.3% |
| Average Renter Household Size | 2.4 |
| Rental Vacancy Rate | 5.1% |
Source: U.S. Census Bureau, American Community Survey (2024)[7] & Housing Vacancy Survey (2024)[8]
What is an Idaho Lease Agreement?
An Idaho lease agreement is the key document defining what a landlord and tenant owe each other during a rental. The written terms carry significant weight because Idaho has fewer statutory tenant protections than most other states.
Landlords must give at least 24 hours’ notice before entering an occupied unit except in emergencies. Idaho also requires a three-day notice to pay or quit before a landlord can begin eviction proceedings for unpaid rent.
State Laws & Guides
Laws: Idaho Code Title 6, Ch. 3 – Damage Claims / Security Deposits | Title 55, Ch. 2 – Landlord and Tenant
Guides:
When is Rent Due?
Idaho does not have a statute establishing when rent is due. The lease governs the due date and the consequences for late payment.[1] There is no state-mandated grace period. All fees charged to residential tenants, including late fees, must be “reasonable” and cannot exceed what is specified in the rental agreement.[4] For residential leases, landlords must provide at least 30 days’ written notice before increasing rent.[5]
Landlord’s Access
Emergency: Idaho does not have a specific entry statute, but landlords are generally permitted to enter without notice in an emergency.
Non-Emergency: There is no state law requiring a specific notice period. Landlords should provide reasonable notice and enter only during reasonable hours per the terms of the lease.
Landlord’s Duties
Under Idaho law, landlords must:[6]
- Weatherproofing: Provide reasonable waterproofing and weather protection.
- Systems: Maintain electrical, plumbing, heating, ventilating, cooling, and sanitary facilities in good working order.
- Health & Safety: Keep the premises free of conditions hazardous to the tenant’s health or safety.
- Smoke Detectors: Install an approved smoke detector in each unit and verify it works at the start of the lease.
- Repairs: Respond to repair requests within 3 days of receiving written notice from the tenant.
Tenant’s Duties
Tenants must comply with the following:[6]
- Rent: Pay rent on time as specified in the lease.
- Property Care: Do not commit waste or damage the premises beyond normal wear and tear.
- Smoke Detectors: Maintain all smoke detectors in working order during the tenancy.
- Lawful Use: Do not use the property for illegal purposes, including drug activity.
- Lease Terms: Comply with all covenants and conditions in the lease agreement.
Required Disclosures
Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[2]
Security Deposits
Maximum Amount: Idaho does not set a maximum security deposit by statute.
Returning to Tenant: If no timeframe is stated in the lease, the deposit must be returned within 21 days. In all cases, the deposit must be returned no later than 30 days after the tenant surrenders the premises. If any portion is withheld, the landlord must provide a signed itemized statement of deductions along with receipts for expenditures.[3]
Deposit Interest: Not required under Idaho law.
Uses of the Deposit: Landlords may deduct for unpaid rent, damages beyond normal wear and tear, and any other costs permitted by the lease.[3]
- Idaho Landlord and Tenant Manual – Office of the Attorney General
- 42 U.S.C. § 4852d – Lead-Based Paint Disclosure (EPA)
- Idaho Code § 6-321 – Security Deposit Return
- Idaho Code § 55-305 – Limitation on Fees for Tenants
- Idaho Code § 55-304 – Change in Terms of Lease; Notice
- Idaho Code § 6-320 – Duties of Landlord and Tenant
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)





