Learning the necessary Idaho landlord-tenant laws can help you prevent many costly mistakes. More importantly, you'll avoid being an unethical landlord. These laws are not just guidelines. You have to follow them for legal compliance. Below are the most common questions that landlords in Idaho ask, which can help you manage your rental property correctly.
Rent Payments and Price FAQs
Is there a limit to how much landlords can charge for rent?
Since there are no rent control laws in Idaho, landlords can charge whatever they want. However, it's important to still limit your own price based on factors like rental demand, competitors, and what your rental property can offer. Research the rental market before implementing a rental price to avoid high vacancy periods.
Can Idaho landlords raise rent?
There are no laws prohibiting rent increases, as long as landlords in Idaho provide proper notice 15 days before it takes effect. The reason behind the rent hike is also important. Landlord retaliation is not tolerated by Idaho landlord-tenant law. You may not raise rent after a tenant complains, or base the rent increase on protected classes, as per the Fair Housing Act.
When can landlords raise rent?
For a month-to-month tenancy, the landlords must provide a reasonable notice period of 30 days. For fixed-term leases, Idaho landlords cannot increase rent within the lease term unless stated otherwise in the rental agreement.
What can landlords in Idaho do when tenants fail to make rent payments?
Landlords can allow grace periods for the tenant to cover the late rent payments. If they still fail to pay rent, landlords can begin charging late fees, provided that they are a reasonable amount. As for what amount is considered "reasonable," it should not exceed 4% to 5% of the rent and has an upper limit.
Security Deposit FAQs
How much can landlords in Idaho charge for security deposits?
Just like rent, state law does not put a cap on the amount you can charge for security deposits. Some laws protect tenants from having their security deposit mishandled, such as how a landlord must hold the deposit. For instance, Idaho Code § 6-321 states that the funds must be held in a separate account when collected by a third-party property manager.
What can Idaho landlords deduct from the tenant's security deposit?
Unless there are specific deductions mentioned in the lease agreement, the only ones you can make are to cover unpaid rent, damages beyond normal wear and tear, lease agreement violations that lead to financial loss, or cleaning costs upon move-out.
Do I need to notify my tenants before I make security deposit deductions?
A property owner doesn't need a tenant's consent to make deductions, but they are required to provide an itemized statement of all the deductions made, as per Idaho law. If the landlord fails to provide the required documents, the tenant can recover up to three times the amount that has been withheld.
When should I return my tenant's security deposit?
When the lease or rental agreement ends and the tenant surrenders the rental unit, the landlord has the legal obligation to return the security deposit within 21 days, unless a security deposit clause states a specific timeframe. If you do intend to shorten or lengthen the period of security deposit returns, Idaho law prohibits it from exceeding 30 days.
What should I do before returning the tenant's deposit?
The extra steps only apply if you've made deductions from the security deposit before you return it. If so, you need to include an itemized list of all the deductions you made. It needs to have detailed breakdowns and documentation as proof. Failure to provide these requirements can lead to legal action, wherein the tenant would take you to small claims court.
Property Maintenance & Repairs
How long can landlords delay repair requests?
Landlords must complete the repairs requested by the tenant three days after being notified. Tenants can withhold rent if this has not been resolved, especially if it affects the habitability of the rental unit. It's best to address the issue as soon as possible.
Can landlords enter the rental unit for maintenance without permission?
There is no Idaho law preventing landlords from entering the premises without permission. But for the sake of a harmonious landlord-tenant relationship, providing proper notice at least 24 hours before the maintenance task is advised.
What happens if I don't conduct the necessary repairs for tenants?
If the disrepair leads to unacceptable living conditions, then you are violating tenant rights. If so, they can break the lease before the term ends. It is within a landlord's responsibilities, and failure to tend to needed repairs can lead to lawsuits.
Lease Terminations & Eviction FAQs
Can landlords evict tenants before their lease has expired?
Yes, but they must have a cause. Valid reasons under eviction laws are unpaid rent and lease violations. If you wish to pursue this course of action, you must begin the eviction process by providing a written notice.
- Three-day notice to pay rent or quit for overdue rent
- Three-day notice to perform or quit to correct the lease violations
- Three-day notice to quit for serious lease violations, such as illegal activities on the premises or excessive damage to property
Can landlords evict tenants without cause?
Evicting without cause is a different process. Instead of a three-day eviction notice, the written notice must be given 30 days before for month-to-month leases. As for fixed-term leases, the landlord has to wait until the end of the tenancy and must give a 30-day notice stating that they refuse to renew the lease. The tenant can fight the eviction if you conducted unlawful eviction practices, such as housing discrimination or retaliation.
What should I do with the tenant's property after eviction?
If the tenant has vacated the unit but left their personal belongings, only the sheriff can remove the items to store them in a safe place, and will contact the owner. Idaho state law prohibits landlords from disposing of the property left behind or taking it for themselves.
Hiring a Professional Property Management Company to Handle Legal Aspects
Idaho rental laws, or all rental laws in general, are tricky to navigate. A simple mistake can lead to immediate legal battles, negatively impacting your property investment. Not only are legal proceedings costly, but they can also do irreparable damage to your business's reputation.
Leave everything to Wave Property Management, where our expertise can keep you from legal troubles, as well as allow your rental property to thrive. Contact us today, and you can begin your journey as a stress-free landlord!
