Key Takeaways

  • Security deposit max: No statutory limit. Landlords may charge any amount..
  • Return deadline: 21 days after the tenancy ends, or up to 30 days if there are deductions and the landlord provides an itemized statement..
  • Rent control: No.
  • Repair and deduct: Not allowed.
No statutory limit. Landlords may charge any amount. Security deposit maximum
21 days after the tenancy ends, or up to 30 days if there are deductions and the landlord provides an itemized statement. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amountNo statutory limit. Landlords may charge any amount.
  • Return deadline21 days after the tenancy ends, or up to 30 days if there are deductions and the landlord provides an itemized statement.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and cleaning necessary to restore the unit to its condition at move-in. Must provide an itemized statement.

Eviction Process

  • Notice requirements3-day notice for nonpayment of rent. 3-day notice for lease violations. Month-to-month tenancies can be terminated with 30 days' notice.
  • Judicial eviction requiredYes
  • Estimated timeline2 to 4 weeks for uncontested cases.

Rent Control

Idaho law (Idaho Code § 55-307) prohibits local governments from enacting rent control ordinances.

Repair and Habitability

  • Repair and deductNot allowed
  • Rent withholdingNot allowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice30 days' written notice by either party (at least 1 month before the date of termination).

Tenant may be liable for remaining rent. Landlord has a duty to mitigate damages. Military members may terminate under the SCRA.

Key Statutes

  • Idaho Landlord-Tenant Law: Idaho Code §§ 6-301 to 6-324 and §§ 55-201 to 55-313
  • Security Deposits: Idaho Code § 6-321
  • Eviction Procedures: Idaho Code § 6-303
  • Retaliation: Idaho Code § 6-320

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Idaho

Frequently Asked Questions

  • Is there a security deposit limit in Idaho?

    No. Idaho does not cap the amount a landlord can charge for a security deposit. The landlord must return the deposit within 21 days (or 30 days with itemized deductions) after the tenancy ends.

  • How much notice is required for eviction for nonpayment in Idaho?

    A landlord must give a 3-day notice for nonpayment of rent. If the tenant does not pay within the 3-day period, the landlord can then file for eviction in court.

  • Can I withhold rent for repairs in Idaho?

    No. Idaho does not have a statutory repair-and-deduct or rent withholding remedy. If a landlord fails to maintain habitable conditions, the tenant's remedies include terminating the lease or pursuing a court action.

  • Does Idaho have rent control?

    No. Idaho law explicitly prohibits local governments from enacting rent control ordinances under Idaho Code § 55-307.

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