Idaho Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

No statutory cap on the amount of a security deposit found in Idaho Code 6-321. Any amount a tenant deposits for a purpose other than rent counts as a security deposit (6-321(1)). The landlord may not keep any part of it for normal wear and tear (6-321(1)). Other titles of the Idaho Code were not searched.

Return deadline days

30 days

Itemization required

Yes

Interest required

No interest requirement found in 6-321. A separate-account requirement exists only where a third-party manager manages the residential premises for the landlord (6-321(4)); it does not apply to the property owner itself, a real estate licensee, and certain related entities.

Source: Idaho Code 6-321(1)-(4); 6-320(a)(4), (d); 6-317; 6-324

Late fees

Rule

Fees charged to a residential tenant, including fees for late payment of rent, must be reasonable (55-305(1)). An owner may not charge a fee, fine, assessment, interest or other cost above the amount agreed in the rental agreement, or one not in the rental agreement unless the agreement is oral, or the written agreement is changed by 30 days' written notice (55-305(2)). Applies to agreements entered into or renewed on or after July 1, 2023 (55-305(3)). No fixed dollar or percentage cap and no statutory grace period found.

Source: Idaho Code 55-305

Landlord entry

Notice

No statute found in Idaho Code Title 6 ch. 3 or Title 55 ch. 2-3 that sets landlord entry rights or an advance-notice period; entry terms come from the lease. Other titles were not searched.

Source: Idaho Code Title 6 ch. 3; Title 55 ch. 2-3 (no provision found)

Ending a month-to-month tenancy

Tenant

A tenant ending a tenancy at will must give the landlord written notice stating the date of vacating, which must be not less than one (1) month after the date of the notice (55-208(2)).

Landlord

A landlord ending a tenancy at will must give the tenant written notice, served in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, specified in the notice (55-208(1)). Separately, for unpaid rent the landlord must serve a 3-day written notice to pay or vacate (6-303(2)); for other lease breaches a 3-day notice to perform or vacate (6-303(3)).

Source: Idaho Code 55-208; 6-303(2), (3); 6-304

Rent increases

Rule

For leases of residential property the landlord must give the tenant written notice of any increase in the amount of rent charged, or of the landlord's intention not to renew the lease, at least thirty (30) days before the nonrenewal or before the rent increase takes effect (55-304(2)). For month-to-month leases the landlord may otherwise change lease terms by written notice at least 15 days before the end of the month, effective at month end (55-304(1)); subsection (2) applies 'notwithstanding' (1) to residential rent increases.

Statewide rent control

No state rent cap found. A local government may not enact, maintain or enforce an ordinance or resolution that would regulate rent, fees or deposits charged for leasing private residential property (55-306).

Source: Idaho Code 55-304; 55-306

Repairs & habitability

Rule

A tenant may sue the landlord for damages or specific performance for: failure to provide reasonable waterproofing and weather protection; failure to maintain in good working order the electrical, plumbing, heating, ventilating, cooling and sanitary facilities supplied by the landlord; maintaining premises in a manner hazardous to health or safety; breach of a lease term materially affecting health or safety; failure to install approved smoke detectors (6-320(a)). Before the tenant has standing to sue, the tenant must give the landlord 3 days' written notice listing each failure or breach and demanding cure; if not cured within 3 days after service, the tenant may sue (6-320(d)); service by personal delivery, to an employee at the place of business, or certified mail (6-323). Damages can be trebled (6-317). Smoke detectors: after certified-mail notice and 72 hours without installation the tenant may install them and deduct the cost from next month's rent (6-320(a)(6)); no other repair-and-deduct or rent-withholding right found in the sections read.

Source: Idaho Code 6-320, 6-323, 6-317

Clauses often unenforceable in Idaho

• Fee, fine, assessment, interest or other cost in a residential lease that is unreasonable, or above the amount agreed in the rental agreement (Idaho Code 55-305(1), (2))
• Retaining any part of the security deposit for normal wear and tear (Idaho Code 6-321(1))
• Local rules on rent, fees or deposits are barred by state law (55-306), so a lease cannot cite them as authority