Idaho Lease Agreement Create an Idaho Lease Agreement

Idaho Lease Agreement

Published Dec 06, 2025
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An Idaho Lease Agreement is a legal document that outlines the terms under which one party agrees to rent property from another party in Idaho.

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IDAHO LEASE AGREEMENT

This Lease Agreement (the "Agreement") is entered into on the (the "Effective Date"), by and between:

I. THE PARTIES

LANDLORD: ("Landlord"), with a mailing address of:

AND TENANT(S): ("Tenant").

The Landlord and Tenant are collectively referred to in this Agreement as the "Parties."

II. THE PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the following property (the "Premises"):

Street Address:
City:
State: Idaho
Zip Code:

Type of Property:

III. TERM OF LEASE

The term of this Agreement shall be (check one):

IV. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

The rent is due on the day of each month.

Rent shall be paid by the following method(s):

Payment instructions:

V. LATE CHARGES AND RETURNED CHECKS

If rent is not received by the Landlord by the day of the month, the Tenant agrees to pay a late fee of $.

If any check offered by the Tenant to the Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, the Tenant will pay the Landlord a returned check charge of $.

VI. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as security for any damage caused to the Premises during the term hereof.

Return of Deposit: Pursuant to Idaho Code Section 6-321, the Landlord shall refund the security deposit to the Tenant within thirty (30) days after the Tenant surrenders the Premises. If any deductions are made for damages (beyond normal wear and tear) or unpaid rent, the Landlord shall provide a written statement listing the specific amounts deducted and the reasons for such deductions.

VII. UTILITIES AND SERVICES

The responsibility for utilities and services shall be distributed as follows:

Electricity:

Water:

Sewer:

Gas/Heat:

Trash Removal:

Cable/Internet:

Snow Removal:

Lawn Care:

VIII. OCCUPANTS AND GUESTS

The Premises shall be occupied only by the Tenant and the following individuals:

Guests staying more than days in a six-month period require the Landlord's written consent.

IX. PETS

X. USE OF PREMISES

The Tenant shall use the Premises for residential purposes only. The Tenant shall not use the Premises for any illegal purpose or any purpose that will disturb the quiet enjoyment of neighbors. The Tenant shall comply with all laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the Premises.

XI. MAINTENANCE AND REPAIRS

Landlord's Obligations: The Landlord shall maintain the Premises in a habitable condition and comply with all applicable building and housing codes.

Tenant's Obligations: The Tenant shall keep the Premises clean, sanitary, and in good condition. The Tenant shall promptly notify the Landlord of any necessary repairs. The Tenant shall be responsible for any damage caused by the Tenant's negligence or misuse, or that of their guests.

XII. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises during reasonable hours to inspect the Premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Except in cases of emergency or abandonment, the Landlord shall give the Tenant at least twenty-four (24) hours' notice prior to entry.

XIII. DEFAULT AND TERMINATION

Non-Payment of Rent: If rent is unpaid when due, the Landlord may provide a three (3) day notice to pay rent or vacate, pursuant to Idaho Code Section 6-303(2).

Breach of Lease: If the Tenant violates any other provision of this Agreement, the Landlord may provide a three (3) day notice to cure the violation or vacate, pursuant to Idaho Code Section 6-303(3).

XIV. ABANDONMENT

If at any time during the term of this Agreement the Tenant abandons the Premises or any part thereof, the Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever.

XV. IDAHO SPECIFIC DISCLOSURES

1. Methamphetamine Disclosure (Idaho Code Section 55-2804):

The Landlord certifies that to the best of their knowledge, the Premises:

2. Lead-Based Paint Disclosure:

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was built:

XVI. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho.

XVII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

XVIII. SEVERABILITY

If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining portions shall remain in full force and effect.

XIX. ADDITIONAL TERMS AND CONDITIONS

Additional provisions are as follows:

XX. SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.

LANDLORD
Signature: _________________________
Date:
Print Name: _______________

TENANT
Signature: _________________________
Date:
Print Name: _______________

What is an Idaho Lease Agreement?

An Idaho lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms for renting a property within the state of Idaho. This document establishes the rights and responsibilities of both parties regarding the occupation of residential or commercial real estate. It serves as a roadmap for the tenancy, detailing critical information such as rent amounts, payment schedules, duration of the lease, and rules regarding property maintenance. Landlords utilize this instrument to protect their assets, while tenants rely on it to secure their right to peaceful enjoyment of the premises.

Legal Framework and Statutes

The landlord-tenant relationship in Idaho is primarily governed by Title 55 of the Idaho Statutes, specifically Chapter 2 (Property in General) and Chapter 3 (Rights and Obligations of Owners). Additionally, Title 6, Chapter 3 covers Forcible Entry and Unlawful Detainer, which dictates the legal process for evictions. Unlike some states with highly restrictive rent control measures, Idaho law generally favors freedom of contract, allowing landlords and tenants significant latitude in negotiating terms. However, the agreement cannot contain provisions that waive the tenant's rights established by state law, such as the right to a habitable living environment. The Idaho lease agreement acts as the primary governing document for the relationship, superseding general practices unless those practices are codified in state law.

Essential Elements and Disclosures

For a rental contract to be valid and enforceable in Idaho, specific components must be present. While parties may add various addendums, the core structure requires distinct elements to ensure clarity and legal standing.

  • Identification of Parties: The full legal names of all adult tenants and the landlord or authorized property manager must be listed.
  • Property Description: The full physical address of the rental unit, including unit numbers where applicable, describes the premises being leased.
  • Term of Tenancy: The document must specify whether the lease is fixed-term (e.g., one year) or a periodic month-to-month arrangement.
  • Rent Details: This includes the total amount due, the due date, acceptable payment methods, and specific details regarding grace periods or late fees.
  • Lead-Based Paint Disclosure: Pursuant to federal law (42 U.S. Code § 4852d), landlords must disclose the potential presence of lead-based paint in any housing structure built prior to 1978.
  • Security Deposit Terms: The agreement should clearly state the deposit amount and the conditions under which it may be withheld or returned.

Security Deposit Regulations

Idaho specific laws regarding security deposits are relatively straightforward compared to other jurisdictions. Under Idaho Code § 6-321, landlords are not statutorily limited in the amount they can charge for a security deposit, allowing market rates to dictate this figure. The critical legal obligation arises at the end of the tenancy. The landlord must return the deposit or provide a partial refund with an itemized list of deductions within 21 days of the tenant surrendering the premises. If the lease agreement specifies a longer period, that period cannot exceed 30 days. Failure to adhere to these timelines can result in the landlord being liable for three times the amount of the deposit.

Landlord Access and Privacy Rights

Idaho statutes do not explicitly define a required notice period for non-emergency landlord entry, which makes the specific terms within the lease document vital. In many other states, laws mandate 24 or 48 hours of notice. Because of the statutory silence in Idaho, the lease agreement becomes the definitive authority on privacy rights. It is standard practice and highly recommended for the contract to stipulate that the landlord provides reasonable notice, typically 24 hours, before entering the property for inspections, repairs, or showings. Without this clause, disputes regarding the implied covenant of quiet enjoyment may arise, leading to potential legal conflicts.

Fixed-Term Leases vs. Month-to-Month Agreements

When drafting or signing a rental contract, parties typically choose between two primary structures. A fixed-term lease creates a tenancy for a specific duration, most commonly one year. During this period, the landlord cannot raise the rent or change the terms unless the contract explicitly allows for it, and the tenant is liable for rent for the entire term even if they vacate early. This arrangement provides stability for both parties regarding income and housing.

Conversely, a month-to-month agreement offers flexibility. It automatically renews at the end of each month unless terminated by either party. In Idaho, a landlord or tenant must generally provide 30 days' written notice to terminate this type of arrangement. While this allows tenants to move with less liability, it also allows landlords to increase rent or change terms with proper notice, provided such changes are not discriminatory or retaliatory.

Eviction and Termination Protocols

When terms of the lease are violated, the process for termination is governed by the Unlawful Detainer statutes found in Idaho Code § 6-303. For non-payment of rent, a landlord must provide a three-day notice to pay or quit. Similarly, a three-day notice is required for substantial violations of lease terms, such as the use of controlled substances on the property. If the tenant remains on the property after the lease expires without renewal (holdover tenancy), the timeline for termination typically reverts to a month-to-month arrangement requiring a 30-day notice, unless the original document specifies otherwise.

FAQs

While oral agreements for tenancies of less than one year are technically legal, they are difficult to enforce. Idaho law requires any lease for a duration of longer than one year to be in writing to be valid under the Statute of Frauds.
No, Idaho state law does not impose a statutory cap on security deposits. Landlords may charge whatever amount they deem necessary, though it is usually determined by market conditions.
generally, tenants cannot unilaterally withhold rent for failure to repair. Instead, they must follow a specific legal process involving written notice to the landlord allowing three days to cure the defect before they can sue for damages or specific performance.
For month-to-month tenancies, landlords must provide at least 15 days' written notice before the end of the month for a rent increase to take effect the following month. For fixed-term leases, rent cannot be increased until the lease term expires.
Yes, late fees are legal if they are clearly outlined in the lease agreement. The law requires that these fees be reasonable, but it does not set a specific dollar limit.
If a landlord fails to return the deposit or an itemized list of deductions within 21 days (or up to 30 days if stated in the lease), the tenant may sue for the full return of the deposit plus statutory damages equal to three times the deposit amount.

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