Idaho Landlord-Tenant Law for DIY Landlords (2026)

Security deposits and the 21-day rule, late fees, rent increase notice, the 3-day notice and the unlawful detainer timeline in Idaho, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

Idaho keeps its rental rules short. Most of what a small landlord needs sits in two places, Title 6 Chapter 3 for notices and evictions, and Title 55 Chapter 3 for lease terms and fees. In 2025 the legislature reorganized that Title 55 chapter, so section numbers you saved a few years ago may point somewhere new (S1043, effective July 1, 2025).

Here is what an Idaho landlord has to get right, with the code section behind each rule.

Security deposits

There is no cap. Idaho sets no statutory limit on the size of a residential security deposit. What you charge is a lease term, so keep it in line with the local market.

The deadline is 21 days, or up to 30 by agreement. Refunds go out within 21 days if your lease fixes no time, and in any event within 30 days after the tenant surrenders the premises (Idaho Code § 6-321). If you want the longer window, write it into the lease. Silence gets you 21.

Anything you keep needs an itemized statement. A refund for less than the full deposit has to arrive with a signed statement listing the amounts retained, the purpose of each one, and a detailed list of what you spent the money on (§ 6-321).

Normal wear and tear is off limits. You cannot hold back any part of a deposit for deterioration that comes from ordinary use without tenant negligence or misuse (§ 6-321).

Money held for anything other than rent counts as a deposit. Idaho treats amounts a tenant hands over for any purpose other than paying rent as security deposits, which pulls cleaning money and pet money into the same 21-day rule (§ 6-321).

A third-party manager has to keep it separate. If a third-party manager runs the property, tenant deposits sit in a separate account at a federally insured institution, apart from the operating account. Property owners themselves, real estate licensees and nonprofit organizations are exempt from that account rule (§ 6-321). Self-managing owners are not required to open a separate account, and doing it anyway makes the accounting cleaner.

If you sell, the deposit follows the building. A new owner is liable for refunding deposits made during an existing tenancy (§ 6-321). Settle that at closing.

Withholding wrongly is a claim. Failure to return a deposit as required is one of the grounds a tenant can sue on for damages and specific performance (§ 6-320).

Late fees and grace periods

Idaho sets no dollar cap on late fees and no statutory grace period. There is a standard. Any fee imposed on a residential tenant, late fees included, has to be reasonable, and you cannot charge more than the rental agreement allows or add new charges without 30 days' written notice (§ 55-305). That section applies to rental agreements entered into or renewed on or after July 1, 2023.

So the rule is simple. Put the fee in the lease, keep the number defensible, and do not invent charges mid-tenancy.

Rent increases and rent control

Rent control is off the table. A local government in Idaho cannot enact or enforce an ordinance that regulates the rent, fees or deposits charged for leasing private residential property (§ 55-306).

A rent increase needs 30 days' written notice. On residential property, you give the tenant written notice of any rent increase, or of your intention not to renew, at least 30 days before it takes effect (§ 55-304(2)).

Other term changes on a month-to-month need 15 days. For a month-to-month lease, you can change the terms by giving written notice at least 15 days before the month ends (§ 55-304(1)).

Entering the unit

Idaho has no statutory notice period for landlord entry. Nothing in Title 6 Chapter 3 or Title 55 Chapter 3 sets one for residential rentals. Your lease is the only rule you have, so write one in. A 24-hour written notice for anything that is not an emergency is the practical standard and keeps tenants cooperative.

Ending a month-to-month tenancy

Either side gives at least one month's written notice. The landlord's notice tells the tenant to remove from the premises within a period of not less than one month, and a tenant's notice names a vacate date not less than one month out (§ 55-208). Pair that with the 30-day rent increase notice above when a renewal is on the table.

When rent isn't paid

Give a written three-day notice to pay or quit. A tenant who stays in possession after defaulting on rent, once served with three days' written notice requiring payment, is in unlawful detainer (§ 6-303(2)).

Two details decide whether the notice works.

Service. Hand it to the tenant personally, leave it with someone of suitable age and discretion at their home or workplace and mail a copy, or post it in a conspicuous place on the property, give a copy to anyone residing there, and mail a copy (§ 6-304).

Attorney fees language. For fees to be awarded in a nonpayment case, the three-day notice has to tell the tenant that attorney fees will be awarded to the prevailing party (§ 6-324). Leave that sentence out and you leave your fees on the table.

Breaches other than rent run the same way, three days' written notice requiring performance (§ 6-303(3)).

The eviction (unlawful detainer) timeline

Serve the three-day notice and keep proof of how you served it (§ 6-303, § 6-304).
File the complaint in the county where the property sits. For nonpayment, the court sets trial within 12 days of filing, and the defendant is served not less than 5 days before trial (§ 6-310).
Trial. An action only for possession of a tract of five acres or less is tried by the court without a jury (§ 6-311A).
Judgment and move-out. After a finding for the landlord, a residential tenant has 72 hours to remove belongings. Three days after the court's finding, the sheriff restores possession (§ 6-316).
Execution. The writ directs the sheriff to remove the defendant forthwith and restore the premises to you (§ 6-311C).

Never do it yourself. Lockouts and utility shutoffs are not part of this process, and the prevailing party in any action under this chapter gets attorney fees (§ 6-324).

Repairs and habitability

A tenant can sue for damages and specific performance when a landlord fails at reasonable waterproofing and weather protection, fails to maintain working electrical, plumbing, heating, ventilating, cooling or sanitary facilities, keeps the premises in a condition hazardous to health or safety, fails to return a deposit as required, breaches lease terms materially affecting health and safety, or fails to install working approved smoke detectors (§ 6-320).

Before filing, the tenant has to give you three days' written notice listing each failure and demanding a cure. Fix what is listed inside those three days and the case goes away. A suit only for specific performance gets a trial within 12 days of filing (§ 6-320).

The short version

No deposit cap, refund within 21 days, or up to 30 if the lease says so
Itemized signed statement with any partial refund, no deductions for wear and tear
No late fee cap, but fees have to be reasonable and written in the lease
30 days' written notice for a rent increase or a nonrenewal
One month's written notice from either side to end a month-to-month
Three-day written notice to pay or quit, with the attorney fees sentence in it
Trial within 12 days of filing, then 72 hours for the tenant to clear out

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not keep the code books open. It tracks the 21-day deposit clock, sends rent reminders, takes maintenance requests day and night, and keeps the records an Idaho judge would ask for. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to an Idaho attorney before acting on a specific situation. Last checked September 2026.