What Idaho landlord-tenant law covers
Idaho has no single landlord-tenant act. The eviction process, called unlawful detainer, and the security deposit rules are in Idaho Code Title 6, chapter 3. Ending a tenancy is in Title 55, chapter 2, and notice of rent increases, limits on fees and the ban on local rent control are in Title 55, chapter 3, which the Legislature reorganized in 2025.
Because the statutes are thin, the lease does more work in Idaho than in most states. Subjects the statutes do not address, such as entry, pets or parking, are largely governed by what the lease says. A well-drafted lease is the owner’s best protection.
Idaho landlord-tenant rules at a glance
The table covers the rules apartment owners use most, as of October 2026.
| Rule | Idaho requirement | Source |
|---|---|---|
| Ending a month-to-month tenancy | At least one month’s written notice | Idaho Code 55-208 |
| Rent increase or nonrenewal | At least 30 days’ written notice | Idaho Code 55-304 |
| Nonpayment of rent | 3-day written notice to pay or give up possession | Idaho Code 6-303 |
| Other lease breaches | 3-day notice to cure | Idaho Code 6-303 |
| Security deposit cap | None set by statute | Idaho Code 6-321 |
| Deposit return | 21 days, or up to 30 days if the lease says so | Idaho Code 6-321 |
| Late fees and other fees | Must be reasonable and in the rental agreement; 30 days’ written notice to change | Idaho Code 55-305 |
| Local rent control | Barred by state law | Idaho Code 55-306 |
How much notice does a landlord have to give in Idaho?
At least one month’s written notice to end a month-to-month tenancy, under Idaho Code 55-208. The same section gives the tenant the same one-month rule when they want to leave. The notice must be served the way the code of civil procedure requires.
Rent increases and nonrenewals have their own rule. Under Idaho Code 55-304, a residential landlord must give written notice at least 30 days before a rent increase or a nonrenewal of the lease takes effect. Other changes to a month-to-month lease can be made by written notice given at least 15 days before the end of the month, taking effect at the start of the next month. Idaho puts no limit on the size of a rent increase.
Security deposits in Idaho
Idaho sets no cap on security deposits, so the amount is whatever the lease says. The rules are about how and when you give it back.
Under Idaho Code 6-321, you must refund the deposit within 21 days after the tenant surrenders the unit, or within the period the lease sets, which can be no longer than 30 days. If you keep part of it, you must give the tenant a signed statement itemizing what you kept and why, with a detailed list of the costs. You cannot keep any of the deposit for normal wear and tear.
Owners who miss the deadline or skip the itemized statement invite a tenant lawsuit over the deposit. Keep move-in and move-out photos for every unit.
Late fees and other fees in Idaho
Idaho sets no dollar or percentage cap on late fees, but Idaho Code 55-305 requires every fee charged to a residential tenant, including late fees, to be reasonable. You cannot charge a fee larger than the rental agreement allows, or one the agreement does not include, unless the agreement is oral or you give the tenant 30 days’ written notice of the change.
The rule covers leases signed or renewed on or after July 1, 2023. It also says plainly that it does not limit the amount of rent. A sensible approach is to put every fee in the lease, keep late fees in line with what nearby owners charge, and give 30 days’ notice in writing before adding a new one.
Landlord entry in Idaho
The landlord-tenant sections of Idaho Code Title 6, chapter 3, which hold the eviction and deposit rules, have no section on landlord entry. Put your entry terms in the lease: how much notice you will give, for what purposes, and at what hours, plus an emergency exception.
Whatever the lease says, give written notice before routine visits and keep a record. During a sale, buyer tours, appraisals and inspections can mean several visits in a few weeks, and tenants who are told in advance are far more likely to cooperate. An Idaho attorney can tell you whether any local rule or case law affects your entry clause.
The eviction process in Idaho
Idaho’s unlawful detainer process moves quickly in nonpayment cases, because the statute sets a short deadline for the trial date.
- Serve a written 3-day notice stating the amount due, or demanding possession. For nonpayment, the notice must also tell the tenant they will have 72 hours to remove belongings after a judgment. The notice may be served at any time within one year after the rent became due.
- If the tenant does not pay or leave, file a complaint in district court, which includes the magistrate division.
- In a nonpayment or drug case, the court must schedule trial within 12 days of filing, and the summons must be served at least 5 days before trial.
- Continuances in these cases are limited to 2 days unless the tenant posts a bond for the rent that may come due.
- If you win, the judgment orders restitution of the premises. A residential tenant then has 72 hours to remove belongings, after which the sheriff restores possession to you.
Other grounds for unlawful detainer
Unpaid rent is the most common ground, but Idaho Code 6-303 lists several others, each with its own notice rule.
- Breach of another lease term: a 3-day written notice requiring the tenant to perform or give up possession. If the tenant cures within the 3 days, the lease is saved.
- Subletting, assigning or committing waste against the lease: the lease is ended, and the landlord can recover possession after a 3-day notice to quit.
- Drug activity: a tenant is in unlawful detainer if anyone is or has been delivering, producing or using a controlled substance unlawfully on the leased premises, and these cases get the same 12-day trial schedule as nonpayment.
- Holding over after the lease ends: a tenant who stays past the end of a fixed term without permission is in unlawful detainer, while a month-to-month tenancy must first be ended by the one-month notice.
Does Idaho have rent control?
No. Idaho Code 55-306, added in 2025, bars cities, counties and other local governments from enacting, keeping or enforcing any ordinance or resolution that would force owners to take part in an optional federal housing assistance program, such as housing choice vouchers, or in any other program or law that would regulate rent, fees or deposits for leasing private residential property.
That leaves rent levels to the market and the lease. The only state limits are the notice rules: 30 days’ written notice before an increase on a residential lease, with rent during a fixed term set by the lease itself. A city can still manage and set terms for housing it owns.
What happens to leases and deposits when you sell
Leases survive a sale in Idaho. The buyer takes the building subject to existing leases, and under Idaho Code 55-301 the buyer gets the same remedies against the tenants for unpaid rent, lease violations and waste that you had.
Deposits should move with the leases. Credit the buyer at closing for every deposit, have the buyer agree in the contract to handle refunds, and tell tenants in writing who the new owner is and where to pay rent. Because Idaho has no deposit cap, deposits on a large building can add up to a meaningful sum, so reconcile them unit by unit.
- A certified rent roll showing each unit’s rent, deposit, fees and lease end date.
- Copies of leases and any 3-day or 30-day notices you have served.
- A list of open unlawful detainer cases and any judgments not yet carried out.
Idaho laws changed in 2025 and 2026
The main recent change is the 2025 reorganization of Idaho Code Title 55, chapter 3 (Session Laws 2025, chapter 65). It moved the lease-change notice rule to section 55-304, the fee rule from section 55-314 to section 55-305, and placed the ban on local rent, fee and deposit rules in new section 55-306. Section 55-304 had also been amended in 2024.
If your lease forms cite the old section numbers, update them. The rules themselves are what matter in court, but a lease that cites repealed sections invites argument. The deposit statute, 6-321, was last changed in 2021.
Selling an Idaho apartment building with tenants
Skyline buys apartment buildings with five or more units in Idaho, with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. You do not need to empty units or finish an eviction first, and we take over the leases and deposits at closing.
For the tax side, see Idaho capital gains tax on real estate and the 1031 exchange in Idaho. For the yearly tax bill a buyer will underwrite, see the property tax rate in Idaho.
