Idaho landlord-tenant law is found mainly in Chapters 2 and 3 of Title 55 of the Idaho Code, with eviction procedure in Chapter 6 of Title 6. Idaho is a landlord-friendly state — no deposit cap, no rent control — but the deposit statute sets a strict 21-day refund deadline that landlords frequently miss.
Idaho is a fast-growing state, and cities such as Boise and Coeur d’Alene have active rental markets. Most landlord-tenant rules, however, come from state law rather than local ordinances.
This guide covers deposits, notices, repairs, and evictions in Idaho. It is general information, not legal advice.
| Governing law | Idaho Code Title 55, Chapters 2–3 |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return deadline | 21 days after termination (Idaho Code § 6-321) |
| Nonpayment notice | 3 days (Idaho Code § 6-303) |
| Month-to-month notice | Generally one full rental period (commonly 30 days) |
| Rent control | Prohibited |
Idaho Rental Law at a Glance
Idaho residential tenancies are governed by Chapters 2 and 3 of Title 55 of the Idaho Code, which cover leases, deposits, and landlord duties. Evictions follow the summary procedure in Chapter 6 of Title 6. Federal lead-paint disclosure applies to pre-1978 housing.
Idaho gives landlords broad freedom in setting rent and lease terms, but the statutes are procedural where they regulate: deposit deadlines and eviction notices are strict, and courts enforce them literally.
Security Deposits in Idaho
Idaho does not cap security deposits. After the tenancy ends, the landlord has 21 days to return the full deposit or provide an itemized written statement of deductions with the remaining balance (Idaho Code § 6-321).
A landlord who withholds in bad faith can be liable for additional damages on top of the withheld amount — confirm the current text of § 6-321 for the exact penalty. Tenants should give a written forwarding address and request the itemized statement; landlords should document the unit at move-in and move-out and return deposits on time.
Rent Increases and Notice Periods
Idaho prohibits rent control and does not cap rent increases. For a fixed-term lease, the rent is locked for the term. For a month-to-month tenancy, either party should give notice equal to one full rental period — commonly 30 days — before terminating or changing terms; confirm the current statute and lease language.
Tenants should verify any increase is in writing and check the lease for the notice period. Landlords should send increases in writing with lease-required notice and keep proof of delivery.
Habitability, Repairs, and Disclosures
Idaho landlords must maintain the premises in a safe and habitable condition, including structural, plumbing, and electrical systems. Tenants who report a repair need should do so in writing and keep a copy; Idaho courts expect landlords to make repairs within a reasonable time.
Required disclosures include the federal lead-paint form for pre-1978 housing. Idaho also requires working smoke detectors in rental units. Boise and a few other cities have their own rental registration or inspection programs — check local rules.
Evictions and Termination in Idaho
Idaho evictions begin with a written notice. For nonpayment of rent, the landlord serves a 3-day notice to pay or vacate (Idaho Code § 6-303), then files a forcible entry and detainer action in magistrate court. Lease violations get their own cure-or-quit notice periods, and only the court can remove a tenant — self-help evictions are illegal.
Tenants served with an eviction summons should answer in writing before the hearing. Free help is available through Idaho Legal Aid Services.
Resolving Disputes in Idaho
Idaho landlord-tenant disputes are heard in magistrate court, which handles evictions and small claims up to its jurisdictional limit. Start with a written demand letter citing the statute, then file if the landlord does not respond.
The case turns on documentation: the lease, deposit receipts, condition photos, written notices, and proof of mailing. Keep copies of everything.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.