Is it necessary to have a written rental agreement in Idaho?

A rental agreement can be either written or oral, however, a written agreement is recommended in order to clearly define both party’s rights and obligations.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord has the right to require a security deposit, to protect against nonpayment of rent and damage to the premises, other than normal wear and tear. The landlord must return the security deposit (or the balance remaining after deductions for rent arrears and damages) within 21 days after the tenant surrenders the premises. If the landlord retains any of the damage deposit, he or she must provide the tenant with a signed statement as to expenditures required, the amount retained and the purpose for which the amount was used.

When is the landlord allowed to increase the rent?

Rent can be increased only after proper notice is given. In a month-to-month tenancy, written notice must be given at least 15 days before the end of the rental period and 15 days prior to the date the rent increase is to become effective. If the rental agreement is for a specified term, the rent cannot be increased during the term, without the mutual agreement of the parties.

There are no federal or state rent control or rent stabilization laws in Idaho, therefore, there are no legal limitations on how much or how often a landlord can raise the rent.

How can a rental agreement be terminated?

If the rental agreement is for a specified term (such as 1 year), it cannot be terminated before the expiration of the agreement unless both parties agree. A periodic tenancy (such as month-to-month) can be terminated by either party giving 1 month’s advance written notice to the other party to terminate the tenancy.

Can a tenant sublet the premises?

The tenant has the right to sublet unless the rental agreement specifically prohibits subletting. An original tenant who does sublet remains responsible to the landlord, unless otherwise consented to by the landlord in the rental agreement.

When is the landlord permitted to enter the premises?

Idaho law does not address whether the landlord has the right to enter the premises. The rental agreement should contain a clause giving the landlord the right to enter the premises to make repairs, inspect for damage, or show the property to prospective tenants or purchasers, in a reasonable manner and at reasonable times. If the rental agreement does not specify this, the landlord should notify the tenant as to the necessity of entry, and request permission to enter. The tenant should not refuse permission for reasonable entry by the landlord. Although the law is not clear, a landlord who has cause to believe that damage is occurring to the property probably has the right to enter to inspect for damage, however, arrangements for entry should be made with the tenant if possible.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for (i) nonpayment of rent or (ii) violation of any term of the rental agreement or (iii) illegal activity on the premises, such as the production, use or sale of drugs. After proper notice has been given, if the tenant does not cure the breach, the landlord can proceed with a court action for eviction.

A landlord cannot lock a tenant out without a court order. Idaho law requires the landlord to give notice to the tenant and, if necessary, institute formal legal proceedings to evict the tenant and regain possession of the property.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.