The Essential Guide to Idaho Rental Agreement Forms

Idaho Rental Agreements Explained

At the core of the landlord/tenant relationship is the "Lease" or "Rental Agreement" that governs the rental of the property. A landlord in Idaho is not required to provide a lease or rental agreement, but each party must comply with Idaho Statute 6-320 that outlines the parties’ duties to one another. When a lease or rental agreement is provided, the terms of the lease or rental agreement will supersede the statutory requirements as long as the lease or rental agreement does not violate Idaho law. The main terms and language for a rental agreement can be found in Idaho Code Section 55-208 .
In Idaho, the Idaho Legislature has provided a number of statutory requirements and obligations to both landlords and tenants. While a written lease or rental agreement can be quite lengthy, the following items must be addressed in order for a rental agreement to be lawful. Failure to address these issues can give rise to defenses and/or counterclaims.
The landlord has some obligations to the tenant that are not waivable.
Landlord:
Tenant:
The above list is not meant to be comprehensive, just the basics of what a rental agreement must address.
Any rental agreement that is longer than 2 years must be executed in writing and notarized by the landlord.

Important Provisions of an Idaho Rental Agreement

Key to the success of any Idaho rental agreement form is good clauses. A key to good Idaho rental agreement form is having the right clauses for a particular situation. At lease there are a number of important clauses that should be included in most Idaho rental agreement form. Whether or not you choose to use an Idaho rental agreement form that contains these clauses, you should at least think about it.
Duration
Most Idaho rental agreement forms (Idaho commercial lease form and Idaho residential lease form) specify a term of duration for the lease or rental period. In the absence of some specified term, Idaho law assumes a month-to-month rental period. The law on tenancy is complex and sometimes harsh—term specific Idaho rental agreement form can make things a little easier for landlords.
Rent
Terms for payment of rent should also be a part of any Idaho rental agreement form. Things to consider including in the Idaho rental agreement form include the amount of rent, when it will be paid, where it is to be paid, and acceptable modes of payment.
Maintenance
Specificity is desirable when it comes to maintenance issues. An Idaho rental agreement form should make clear the parties’ respective responsibilities with regard to maintenance and custodial tasks. Unless otherwise specified in an Idaho rental agreement form, the landlord is likely responsible for all maintenance. Caution: some landlord liability is non-delegable, so be careful about what you delegate to tenants by Idaho rental agreement form.
Pets
Many Idaho rental agreement forms prohibit pets for a number of reasons. But maybe you want to allow pets to maximize your tenant pool. In either case, an Idaho rental agreement form is a good place to address whether, and how, tenants have a right to have pets. Consider addressing types of pets, quantity, location, and responsibility for care and clean-up.

Requirements for Idaho Rental Agreements

In the state of Idaho, rental agreements are governed primarily by Title 55 of the Idaho Code – specifically Chapter 20, which deals with landlord and tenant responsibilities. These legal guidelines are designed to protect both landlords and tenants from misconduct.
Like many states, Idaho mandates that landlords disclose specific information to tenants. These are included in all written rental agreements or leases.
All rental agreements or leases must contain the name of the landlord and an address in the state where the landlord can be contacted. If the landlord does not live in the rental unit, the landlord must appoint a designated agent to accept service of process during a legal proceeding between the landlord and the tenant. Landlords who conduct business in Idaho must also obtain a state business registration. While there is no statewide required business license, some cities, such as Boise, may require a city license for rental businesses.
Additional legal restrictions on rental agreements in Idaho stipulate that: There are additional legal provisions in Idaho for specific types of rental arrangements – for example, mobile homes. The Idaho Mobile Home Lot Rental Agreement Act requires landlords and tenants in mobile home parks to enter into a rental agreement that contains set provisions. Mobile home park owners are also legally required to obtain permits, which must be renewed each year after an inspection to ensure that all requirements of the law are met.

Preparing an Idaho Rental Agreement

Idaho rental agreements should cover several pertinent issues and the terms and conditions of a rental agreement between a landlord and tenant. Drafting an Idaho rental agreement can be done using the following process: First, both parties should agree upon rental rate, date it is due, and the terms of the use of the property. For Idaho, if the parties do not have a specific start and end date, a 30-day period is the minimum. If they cannot agree on the rental rate, the rental rate at the time of renewal will be deemed agreed. They will also decide who is responsible for the payment of utilities and other services that are specific to the lease. These are considered essential terms. Next, they need to discuss and determine what charges and events will allow termination of the agreement. Both parties will consider who is going to pay to correct damage to the property, such as if a tree falls on the house during a storm. Are animals allowed? Can the tenant have company? If so, how many people and for how long? When drafting an Idaho rental agreement, there needs to be written agreement on possession of the property and terms of the use of the property as well. What do the parties agree are the defining terms of the property , such as what appliances stay in the property or if there are any covenants that they need to abide by? It is important to define the obligations of the landlord to make repairs on the property, the duties of the tenant to keep the property clean and safe, such as regular yard maintenance and providing utilities to the property and anything else that is specific to that rental agreement. Finally, the parties should discuss and determine the conditions under which the landlord may enter the property. A landlord may legally enter the property without the tenant’s consent, but only for a specific purpose, such as to inspect the property, make repairs or show the property to a prospective renter. It is important to consider all aspects of the renting process to create the lease because everything is up for negotiation. All terms and conditions that are negotiated should be included in the lease. Templates can be found online, but it is preferable that if landlords are inexperienced in drafting rental agreements that they should consult an attorney or utilize affordable legal help services like LegalZoom to ensure that it is legally binding and meets local and state statutes and ordinances.

Common Mistakes in Idaho Rental Agreements

When it comes to rental agreements, the pitfalls can be numerous for both landlords and tenants. A comprehensive understanding of the terms laid out in your agreement is absolutely essential to ensure you don’t end up with a situation that might lead to litigation. Here are some of the most common mistakes that landlords and tenants alike should avoid at all costs.
Ignorance of Terms
Many tenants think they understand their rental agreements without actually closely reading the terms. Landlords frequently find that their tenants are not aware of (or conveniently forget) all of the terms of their agreements, such as late fees, pet policies, property use restrictions, visitors, maintenance responsibilities, etc. It’s vital that both landlords and tenants read through all the details of a rental agreement and ask questions about anything they don’t understand or that they’re concerned about.
Failing to Document Terms
This is a classic case of going into a situation without basic documentation. If landlords and tenants don’t have their terms documented in writing signed by both parties, it’s going to be difficult to prove in court what the agreement was. Keep documentation through the entire rental agreement process by taking notes during discussions and meetings, scanning in signed documentation and storing everything in an organized fashion.
Common Mistakes with Specific Rental Provisions
There are a number of specific provisions that are common in most rental agreements, and certain mistakes commonly occur with each of them. Here are some examples:
In Idaho, both landlords and tenants are protected by these rules regarding rental agreements—so ignoring any of them could end in a bad situation. Avoid these common mistakes and you’ll have a much better experience living at or renting your property in Idaho.

Frequently Asked Questions About Idaho Rental Agreements

Q: How often are rental agreements renewed in Idaho?
A: Rental agreements in Idaho can be fixed term or month-to-month. If made for a specific term, an agreement only needs to be renewed upon expiration. In the absence of a cancellation or termination, a monthly rental agreement is automatically renewed every month.
Q: What happens if either party breaks the terms of the Idaho rental agreement?
A: The tenant may sue for damages or specific performance (forcing completion of the rental arrangement) in addition to terminating the rental agreement and vacating the premises. Both tenants and landlords have three days to cure (fix) the breach of a rental agreement within their power. Failure to cure voids the rental contract and allows the innocent party (either the tenant or the landlord) to pursue other legal remedies.
Q: How do landlords and tenants handle disputes over rental agreements?
A: Both landlords and tenants are entitled to file suit in small claims court when the amount in dispute does not exceed the local small claims court limit. If the dispute exceeds the limit , the matter will be heard in regular civil court where the parties are held to a more formal standard of evidence. For larger sums of money, parties may wish to obtain an attorney.
Q: What happens if either party to the rental agreement colludes (works with) the tenant’s landlord?
A: If someone becomes involved that is not a party to the rental agreement (such as a parent or friend), they can be sued if evidence shows they were working with the tenant to violate the rental contract.
Q: What process must my landlord follow to increase my rent in Idaho?
A: Landlords must provide month-to-month tenants with 30-days written notice of a rent increase. Landlords must provide 60-days written notice if the rental unit is subject to the rent control provisions in the Idaho Code § 55-310. Additionally, without written agreement, the landlord may not charge or add to fees on top of the rent due.