Idaho Property Management Laws & Landlord-Tenant Laws

Understanding and adhering to property management laws is crucial for landlords and property managers, especially those operating in multiple states. These laws can be intricate and vary from state to state, posing a challenge to those who manage properties across different jurisdictions.

This guide is designed to provide a concise overview of Idaho's property management laws for landlords and property managers. It references original statutes in Idaho's legislature and offers insight into licensing laws, as well as the rights and responsibilities of property managers and landlords. 

Key Idaho property management laws include:

• Licensing Laws: A real estate license is not required for property management in Idaho unless the property is intended for sale. 
• Rental Application Laws: Landlords can charge application fees and can request criminal records of potential tenants. Credit checks require written consent from the applicant.
• Security Deposit Laws: Landlords can charge security deposits without any limit, but cannot charge entrance or exit fees. Refund of the security deposit must be done within 21 to 30 days of a tenant moving out.
• Lease and Termination Laws: Oral leases are permissible for tenancies less than a year. Termination notice periods vary based on lease type. In case of lease violation, landlords must provide written eviction notice.
• Rent and Late Fees Laws: Landlords can increase rent with a minimum notice of 15 days before the end of the month. There is no specific grace period for charging a late fee.
• Disclosure Laws: Landlords must disclose information about shared meters, contact details of the property owner or manager, and details about the most recent rent increase.
• Landlord Responsibility Laws: Landlords must provide a three-day notice prior to property entry for maintenance or inspection. They are obligated to maintain a habitable property, adhering to health and safety standards.
• Property Maintenance and Repair Laws: Landlords are obligated to maintain housing conditions ensuring health and safety of the tenants. Tenants can file for damages if landlords fail to resolve maintenance issues within three days of notification.

Idaho Property Management Licensing Laws

Idaho's Property Management Licensing Laws stipulate that since 1981, a real estate license is not required for property management, unless the property is intended for sale. To obtain such a license, one must be at least 18 years old, hold a high school diploma or GED, and have no felony convictions or revoked licenses, unless an exemption is granted. Licensing is not reciprocal; individuals licensed in other states must apply for an Idaho license, though a waiver for Idaho law compliance may be granted. 

Idaho Rental Application Regulations

In Idaho, landlords and property managers are allowed to charge application fees without any specific regulation. They can also request criminal records of potential tenants, although it's not mandatory. However, credit checks require written consent from the applicant. If the application is denied due to poor credit, the landlord must provide the tenant with the reason, the details of the credit reporting agency, and inform them of their right to request a copy of the report within 60 days.

Discrimination during tenant screening is prohibited by the Fair Housing Act, which makes it illegal to deny tenancy on grounds of race, age, sex or disability. Any suspected discrimination can be reported to the Idaho Commission on Human Rights.

Before a tenant moves in, it is recommended, although not mandated, that the landlord and tenant conduct a joint inspection of the premises. Any serious defects found should be rectified by the landlord before the move-in. 

Idaho Rental Security Deposit Laws

In Idaho, there are no specific laws prohibiting additional move-in fees, but landlords cannot charge entrance or exit fees according to Idaho code 55-2007. After a tenant moves out, landlords are required to refund the security deposit within 21 days, or 30 days at the latest if no other agreement is in place. If landlords need to withhold part of the deposit for damages, they must provide a signed statement listing the charges as per statute 6-321. Idaho law does not limit the amount a landlord can request for a security deposit, nor does it specify how deposits should be stored. Landlords cannot withhold the security deposit for regular wear and tear damages as per statute 6-321, but the rental agreement should specify the conditions under which the deposit may be withheld. 

Idaho Lease and Lease Termination Laws

In Idaho, oral leases are permissible for tenancies less than a year, though written leases are recommended to prevent potential disputes. Lease types include fixed-date, month-to-month, and week-to-week. Termination notice periods vary based on lease type. Fixed end date leases require no notice, while month-to-month or yearly leases with no end date require a month's written notice from either party (55-208).

In cases of lease violation, landlords must provide tenants with a written eviction notice, either in person or by leaving a copy with another suitable person (6-304). If no one is available, the notice should be prominently displayed on the property and a copy sent to the tenant's known addresses.

Regarding court proceedings, Idaho law dictates that the prevailing party covers court and attorney fees, except in cases where triple damages are awarded (6-324). For cases involving a three-day notice period, the notice must state that the prevailing party will be responsible for covering attorney fees.

There's no specific statute governing early termination fees. However, the lease agreement must outline the landlord's rights in such instances (55-2007). Landlords can withhold the security deposit to cover expenses for re-renting if a tenant vacates before the lease term ends (Attorney General’s Landlord and Tenant Manual, p.23). 

Idaho Rent Collection and Late Fees Laws

Landlords are legally permitted to increase rent with a minimum notice of 15 days before the end of the month when the adjustment will occur (55-307). In the event of a tenant's non-payment, landlords can demand immediate property repossession and deny any delay under Statute 6-311. The tenant then has a two-day window to settle their rent to prevent legal action or eviction. No specific state-mandated grace period exists for landlords to delay charging a late fee, thus the lease agreement terms apply. Similarly, there is no legal limit on the late fee amount; this should be clearly outlined in the lease agreement. 

Idaho Mandatory Disclosure Laws

Landlords are legally obligated to disclose certain information about the property they own. This includes details about shared meters, which must be agreed upon by all involved parties (Attorney General’s Landlord and Tenant Manual p.9). Upon written request from the tenant, landlords must also provide contact details of the property owner or manager, a description of utilities and services included in the rent, and details about the most recent rent increase (55-2007).

Landlords have the right to appoint a manager or an agent to act on their behalf, with the name and address of this person to be included in the lease agreement (55-2007).

While there are no state-specific laws requiring disclosures related to mold, local or federal laws may apply. Furthermore, despite the absence of a specific Idaho statute concerning lead-paint disclosure, landlords are bound by the federal Residential Lead-Based Paint Hazard Reduction Act of 1992. This mandates landlords to provide an EPA-approved pamphlet on lead-paint hazards and include a Lead Warning Statement in the lease, if applicable. 

Idaho Landlord Responsibility Laws

Under Idaho law, landlords must provide a three-day notice prior to property entry for maintenance or inspection purposes, barring emergencies, in which case tenant's permission is required (55-210, 55-2007). Landlords are obligated to maintain a habitable property, adhering to health and safety standards (6-323). This includes offering weather protection, maintaining essential installations like plumbing and heating, removing hazards, returning security deposits as per state law, and upholding lease terms that impact tenant health and safety. Tenants must provide a written notice for any lapses in these areas. While a certificate of inspection isn't legally mandated, local or federal laws may necessitate it. Idaho law doesn't specify landlord responsibility for locks and keys. Retaliatory actions against tenants for raising legitimate complaints or joining resident associations are prohibited (55-2015). 

Idaho Property Maintenance and Repair Laws

In accordance with Idaho's property maintenance and repair laws, landlords are obligated to ensure the health and safety of their tenants by maintaining housing conditions. This includes repairing deteriorating walls, windows, doors, plumbing issues, exposed wiring, insect infestations, heating system malfunctions, garbage disposal problems, leaks, and smoke detector issues.

Tenants, on the other hand, are not permitted to perform maintenance work and deduct the cost from their rent, except for installing a smoke detector. They are, however, allowed to remove fixtures from the property unless they are integral to the property.

Upon receiving a written maintenance request from a tenant, landlords are given a three-day window to resolve the issue. If they fail to do so, tenants have the right to file for damages.

While there is no specific legislation regarding rent adjustment in the event of diminished rental value, applicable local and federal laws may come into play.

In terms of substandard or dangerous living conditions, although there are no specific Idaho laws for official inspections, tenants can file an action against landlords if they fail to address their concerns within three days of notification. 

Bottom Line

In conclusion, Idaho's property management laws are designed to protect the rights of both landlords and tenants. They cover a range of areas including licensing, rental applications, security deposits, lease termination, rent and late fees, disclosures, landlord responsibilities, and property maintenance and repairs. Understanding these laws is crucial for landlords and property managers to ensure compliance and avoid potential disputes.