Idaho (ID) lease form

Idaho Residential Lease Agreement

Idaho is a landlord-friendly state with relatively few mandatory disclosures compared to most, but the rules it does impose carry real teeth: fees must be reasonable and disclosed in writing under Idaho Code 55-305, and any clause that waives a tenant's right to a habitable unit or permits self-help removal is void regardless of how it is worded. A well-drafted Idaho lease protects landlords by spelling out deposit terms, fee schedules, and smoke-detector responsibilities upfront, because Idaho courts will hold landlords to the written agreement they gave the tenant.

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Required disclosures

Lead-Based Paint Hazard (Federal)

Required for all residential units built before 1978. Landlords must provide the EPA pamphlet 'Protect Your Family from Lead in Your Home,' disclose any known lead hazards in writing, and obtain a signed acknowledgment. Governed by 42 U.S.C. § 4852d (Title X) and applies nationwide.

Security Deposit Terms (Idaho Code § 6-321)

The lease must state the amount of the security deposit, the conditions under which deductions may be made, and any written agreement extending the return deadline beyond 21 days (maximum 30 days). If a third-party manager holds the deposit, it must be kept in a separate, federally insured account.

Fee Schedule Disclosure (Idaho Code § 55-305, effective July 1, 2023)

All fees charged to residential tenants, including late fees, pet fees, and administrative charges, must be listed in the written rental agreement. Fees not specified in the lease cannot be collected. Any fee change during a fixed-term lease requires 30 days' written notice. Fees must be 'reasonable'; tenants may challenge unreasonable fees in small claims court.

Tenant Screening Criteria (Idaho Code § 6-321A)

Before accepting a rental application, landlords must disclose the criteria used to screen applicants, such as income thresholds, credit score minimums, criminal history standards, and rental history requirements. Applicants must sign an acknowledgment of receipt. Application fees may only be charged when a unit is actually available.

Non-Refundable Fee Identification

Any fee designated as non-refundable, such as a pet fee or move-in administrative fee, must be clearly distinguished from refundable security deposits in the lease. Idaho courts treat unlabeled non-refundable fees as deposits subject to the 21-day return timeline.

Smoke Detector Status (Idaho Code § 6-320)

At commencement of every rental agreement, the landlord must verify that approved smoke detectors are installed and in good working order in the dwelling unit. Lease language confirming this verification is strongly recommended to document compliance. Tenants are responsible for maintaining detectors during the tenancy.

Lead-Based Paint Hazard (Federal)

Already listed above as the first item. (See entry 1.)

Clauses your lease should include

Names and contact information for all parties: Idaho's Attorney General guidance recommends that the lease identify the landlord (or authorized property manager) and tenant by full legal name and include a mailing address where legal notices can be served, consistent with Idaho Code § 6-323 on notice to landlord.
Complete property description: the full street address and unit number of the rental premises.
Lease term: the start and end dates, or a statement that the tenancy is month-to-month. Leases exceeding one year must be in writing to be enforceable under Idaho's statute of frauds (Idaho Code § 9-505).
Rent amount, due date, and accepted payment methods: Idaho courts enforce the written agreement, so the lease should state the monthly amount, the day rent is due, any grace period, and how payment is to be made.
Late fee terms: because Idaho Code § 55-305 requires all fees to be in the written agreement and to be reasonable, any late fee must be stated in the lease before it can be collected.
Security deposit amount and conditions for deduction: required by Idaho Code § 6-321. The lease must specify what will justify a deduction, distinguish the deposit from non-refundable fees, and state the return timeline (21 days, or up to 30 days if agreed in writing).
Smoke detector acknowledgment: at lease signing, the landlord must confirm detectors are installed and working per Idaho Code § 6-320(a)(4). A clause confirming this protects the landlord if a dispute arises.
Maintenance responsibilities: Idaho Code § 6-320 obligates landlords to maintain waterproofing, electrical, plumbing, heating, ventilation, cooling, and sanitary systems. The lease should set out tenant responsibilities (routine cleanliness, prompt reporting of damage) and landlord repair obligations to avoid ambiguity.
Entry notice: Idaho has no statutory minimum notice period for landlord entry, but a lease clause stating a specific notice period (24 hours is the industry standard) creates a contractual obligation that reduces liability exposure.
Subletting and assignment policy: Idaho law does not restrict subletting by default, so landlords who want to prohibit or condition it must include an explicit clause.
Rent increase and non-renewal notice: Idaho Code § 55-304 requires at least 30 days' written notice before a rent increase or non-renewal on a residential tenancy. The lease should restate this right and specify the method of notice.
No smoking or pet policy (if applicable): optional but recommended in writing so the landlord can enforce it and justify deposit deductions or fees without dispute.

Clauses to avoid in Idaho

Waiver of the implied warranty of habitability: any clause purporting to have the tenant accept the unit 'as-is' with no right to repairs, or waiving the landlord's duty to maintain safe and habitable conditions under Idaho Code § 6-320, is void and unenforceable.
Self-help eviction authorization: a clause allowing the landlord to change locks, remove doors, shut off utilities, or remove the tenant's belongings without a court order is illegal. Idaho requires formal unlawful detainer proceedings under Title 6, Chapter 3. Tenants may sue for treble damages under Idaho Code § 6-317.
Waiver of tenant's right to sue: any clause prohibiting the tenant from bringing legal action against the landlord, including the right to sue for security deposit violations or habitability failures, is unenforceable in Idaho courts.
Jury trial waiver: clauses forcing tenants to waive their right to a jury trial have been flagged by Idaho legal aid organizations as illegal and unenforceable.
Fees not listed in the lease: Idaho Code § 55-305 makes it unlawful to collect any fee from a residential tenant that is not specified in the written rental agreement. A blanket 'additional fees as determined by management' clause is unenforceable.
Unreasonable fees: even if disclosed in the lease, fees that are not 'reasonable' under Idaho Code § 55-305 are subject to challenge in small claims court.
Retaliation clauses: any provision permitting the landlord to increase rent, reduce services, or terminate the tenancy in response to the tenant reporting housing code violations or exercising statutory rights is prohibited by Idaho common law and public policy.
Deducting normal wear and tear from the security deposit: Idaho Code § 6-321 explicitly bars landlords from retaining any portion of a security deposit for deterioration resulting from ordinary use. A lease clause allowing such deductions is void.
Discriminatory conditions: lease terms that restrict occupancy based on race, color, religion, national origin, sex, familial status, or disability violate the federal Fair Housing Act and Idaho Human Rights Act and are void.

Drafting tips

Idaho has no cap on security deposits, but keeping the deposit at one or two months' rent and documenting the amount clearly in the lease, alongside a move-in inspection checklist signed by both parties, is the best defense against deposit disputes under Idaho Code § 6-321.
Always itemize and label every fee separately in the lease: late fee amount, pet fee (and state clearly whether non-refundable), move-in fee, and any other charge. Idaho Code § 55-305 makes unlisted fees uncollectable, so a thorough fee schedule on page one is cheaper than a small claims loss later.
Include a written smoke-detector verification clause at lease commencement. Idaho Code § 6-320 puts the installation duty on the landlord and the maintenance duty on the tenant, so documenting the handoff in writing protects both parties.
Because Idaho has no statutory landlord-entry notice period, spell out your notice policy in the lease (24 hours is standard practice) and stick to it. A written policy converts a courtesy into a contractual obligation tenants can rely on, reducing conflict.
For month-to-month tenancies, remind tenants in the lease that either party must give at least 30 days' written notice to change or end the tenancy under Idaho Code § 55-208 and § 55-304. Attach a notice form template as an exhibit so there is no confusion about what 'written notice' looks like.
If the property has an on-site manager, list the manager's name, address, and phone number in the lease. Idaho's Attorney General recommends this as a best practice so tenants know who to contact for repairs and the landlord has documented an authorized agent for notice purposes.
Run your lease through Idaho's tenant-screening criteria statute (Idaho Code § 6-321A) before advertising: make sure your written criteria document is ready to hand to every applicant before they pay an application fee, and run no more than two background checks simultaneously for a single vacancy.
Add a clause requiring tenants to carry renter's insurance. Idaho law does not require it, but a lease provision making renter's insurance a condition of occupancy reduces the landlord's liability and gives the tenant a resource for personal-property losses.

General information, not legal advice. Governing statute: Idaho Code Title 6, Chapter 3 (Unlawful Detainer and Tenant Remedies, §§ 6-301 to 6-324) and Title 55, Chapter 3 (Rights and Obligations of Owners, §§ 55-301 to 55-315). Confirm current requirements or consult an attorney before finalizing a lease.

Idaho lease FAQ

Common questions

What disclosures are required in an Idaho residential lease?

Idaho mandates very few state-level disclosures. The primary required disclosure is the federal lead-based paint hazard notice for homes built before 1978, which includes the EPA pamphlet and a signed acknowledgment. Beyond that, Idaho Code requires the lease to disclose all fees (Idaho Code § 55-305), security deposit terms and deduction criteria (Idaho Code § 6-321), and tenant screening criteria before accepting an application (Idaho Code § 6-321A). Idaho does not currently require disclosures about flood-zone status, mold, bedbug history, or deaths on the premises.

Is a written lease required in Idaho?

A written lease is legally required for any tenancy exceeding one year under Idaho's statute of frauds (Idaho Code § 9-505). For month-to-month or shorter fixed-term rentals, a written agreement is not strictly required by law, but it is strongly recommended because it is the only reliable way to document security deposit terms, fees, and maintenance responsibilities that Idaho courts will enforce.

What fees can an Idaho landlord charge, and must they be in the lease?

Under Idaho Code § 55-305 (effective July 1, 2023), all fees charged to a residential tenant, including late fees, pet fees, and administrative charges, must be listed in the written rental agreement and must be 'reasonable.' A landlord cannot collect any fee not specified in the lease, and any fee that a court finds unreasonable is unenforceable. Changes to fees during a written lease require 30 days' advance written notice.

What lease clauses are illegal or unenforceable in Idaho?

Idaho courts will not enforce clauses that waive the tenant's right to a habitable unit, permit self-help evictions (such as lock changes or utility shutoffs outside of a court order), prohibit the tenant from suing the landlord, force the tenant to waive a jury trial, allow deductions from the security deposit for normal wear and tear, or impose fees not listed in the lease. Discriminatory conditions based on any protected class under the Fair Housing Act are also void.

How much notice must an Idaho landlord give before raising rent?

For residential tenancies, Idaho Code § 55-304 requires at least 30 days' written notice before a rent increase or before the landlord chooses not to renew. For month-to-month tenancies, either party must give at least 30 days' written notice to terminate under Idaho Code § 55-208. These timeframes cannot be shortened by a lease clause.

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Idaho Residential Lease Agreement