Idaho Rental Lease Agreements
The Idaho Rental Lease Agreements are necessary to legally establish terms for the rental of a property. Landlords are required to perform specific duties, and likewise, tenants have set obligations to uphold. Generally speaking, there are a number of terms that are specified in the contract such as which party is responsible for certain utilities, the start and end date of the lease, and the monthly rent to be paid by the tenant.
Due to Idaho state law not specifying guidelines for a number of matters relating to property leases, it is highly recommended that landlords and tenants draft an agreement that adequately addresses these matters.
Types of Agreements
Commercial Lease Agreement – Landlords seeking to rent a property to a business or businesses seeking to lease a property for commercial purposes should utilize this specific type of lease agreement.
Lease to Own Agreement – Outlines provisions for a tenants leasing a property to eventually purchase it from the landlord of that property.
Month-to-Month Lease Agreement – Specific to leases that are conducted on a month-to-month basis, this contract automatically renews unless either party chooses to end it.
Roommate Agreement – Used to make it clear to all roommates their obligations to one another in regards to matters ranging from rent payments to cleaning duties.
Standard Residential Lease Agreement – Reflecting Idaho state landlord and tenant laws, this agreement is suitable for establishing standard lease conditions of properties located in Idaho.
Sublease Agreement – A contract that legally establishes an arrangement whereby the original tenant leases part or all of the premises to a new tenant, also referred to as a subtenant.
What is an Idaho Lease Agreement?
An Idaho Lease Agreement documents the legal relationship a landlord and tenant have to one another. While each party’s obligations differ, they are equally liable to follow through on the contract’s stipulations. To make the process of selecting a suitable tenant as smooth as possible, landlords should print off a rental application for tenants to complete.
State Definition (§ 55-2301-8) – “means a signed, written agreement or contract that establishes conditions or rules concerning the use and occupancy by a lessee of a self-service storage facility and includes any signed written amendment to such an agreement.”
When is Rent Due?
There is no state law establishing when rent is due. Likewise, there is no state law regarding grace periods. However, the Landlord and Tenant Manual published by the State of Idaho Office of Attorney General clarifies that the lease “governs the date on which the rent is due and the consequences for not paying on time or in full.”
Emergency: State law does not specifically address landlord entry requirements in emergency circumstances. In any case, landlords are legally able to access the properties they lease in any situation that constitutes an emergency.
Non-Emergency: There is no state law regarding landlord’s access in non-emergency situations. But in the interests of keeping friendly landlord-tenant relations, landlords should provide reasonable notice and only enter the premises during reasonable hours.
- Lead Paint Disclosure: In accordance to federal law, known lead paint hazards of properties built before 1978 must be disclosed by landlords. Landlords must also provide tenants with an information pamphlet which further details this matter.
Security Deposit Laws
Maximum Security Deposit: There is no statute stating the maximum amount a landlord is permitted to charge as a security deposit.
Returning to Tenant (§ 6-321 ): If there is no fixed time established in the rental agreement, a security deposit must be returned to tenants within twenty-one (21) days. In any event, a deposit must be returned within thirty (30) days after surrender of the premises by the tenant. For cases when the deposit will not be paid out in the full amount, landlords are required to provide a signed statement which itemizes the amounts lawfully retained by the landlord, in addition to the reasons for doing so. They will also be required to provide a detailed list of expenditures made from the deposit.