Renting in Idaho
Your rights as a tenant in Idaho
Idaho law sets no maximum for the security deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Idaho
- Maximum deposit
- No maximum in the law
- Idaho Attorney General (Landlord and Tenant Manual, July 2026)
- To return your deposit
- 21 days
- Idaho Code §6-321(2)
- Notice for late rent
- 3 days
- Idaho Code §6-303(2)
What the law says
The rules, one by one
The basic rules for renting in Idaho, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Idaho law sets no maximum for the security deposit.
Idaho law sets no maximum for the security deposit. The Attorney General's manual says Idaho does not restrict the amount of rent or deposits a landlord can charge.
What the law says · Idaho Attorney General (Landlord and Tenant Manual, July 2026)
“Idaho does not restrict the amount of rent or deposits that landlords can charge.”
Source: Idaho Attorney General (Landlord and Tenant Manual, July 2026) · Verified on November 5, 2026
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When must they return my deposit?
21 days
The landlord must refund your deposit within 21 days if your rental agreement sets no other time. In any case, it must be within 30 days after you return the unit. If you get back less than you paid, the landlord must give you a signed list of what was kept, why, and what it was spent on.
What the law says · Idaho Code §6-321(2)
“Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.”
Source: Idaho State Legislature – Idaho Statutes · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
3 days
If you do not pay rent, the landlord must serve you a 3-day written notice. The notice must state the amount due and require you to pay it or give up the unit.
What the law says · Idaho Code §6-303(2)
“after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him”
Source: Idaho State Legislature – Idaho Statutes · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
A rental with no fixed end, such as month-to-month, ends with written notice of at least 1 month. If the landlord wants you to leave, the landlord must give you that notice. If you want to leave, you must also give written notice of at least 1 month, with the date you will move out.
What the law says · Idaho Code §55-208
“A tenancy or other estate at will, however created, may be terminated: (1) By the landlord’s giving notice in writing to the tenant, 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, to be specified in the notice; or (2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.”
Source: Idaho State Legislature – Idaho Statutes · Verified on October 24, 2026
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Are there limits on late fees?
Every fee charged to a residential tenant, including a late fee, must be reasonable. The landlord cannot charge you more than your rental agreement says. If your agreement is written, the landlord cannot charge a fee that is not in it unless you get 30 days' written notice.
What the law says · Idaho Code §55-305(1)-(2)
“(1) Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable. (2) An owner may not charge to the tenant of a rental property a fee, fine, assessment, interest, or other cost: (a) In an amount greater than that agreed upon in the rental agreement; or (b) That is not included in the rental agreement, unless: (i) The rental agreement is an oral agreement; or (ii) The rental agreement is written, and the owner provides the tenant a written thirty (30) day notice of the change in the fee, fine, assessment, interest, or other cost.”
Source: Idaho State Legislature – Idaho Statutes · Verified on October 24, 2026
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How much notice before a rent increase?
30 days
The landlord must give you written notice at least 30 days before a rent increase takes effect.
What the law says · Idaho Code §55-304(2)
“(2) Notwithstanding subsection (1) of this section, in all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord’s intention of nonrenewal of the lease at least thirty (30) days before: (a) Such nonrenewal of the lease; or (b) Such increase in the amount of rent charged is intended to take effect.”
Source: Idaho State Legislature – Idaho Statutes · Verified on October 31, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Repair and deduct from the rent
No: state law does not provide it
In general, Idaho law does not let you withhold rent over unsafe conditions, or make repairs and then ask the landlord to pay you back. The only exception is smoke detectors: after notice to the landlord, you may install them and deduct the cost from next month's rent.
What the law says · Idaho Code §6-320(a)(6)
“Generally, Idaho law does not allow tenants to withhold rent based on unsafe living conditions and does not allow tenants to complete necessary repairs and then seek reimbursement from their landlords. The only exception is with respect to the installation of smoke detectors. Idaho Code § 6-320(a)(6) authorizes a tenant, after providing three-day notice to the landlord, to install the necessary smoke detectors and deduct the cost from the tenant’s next month’s rent.”
Idaho Office of the Attorney General – Landlord and Tenant Manual (July 2026)
Eviction
How an eviction works in Idaho
Step by step, with the time periods the law sets. No landlord can skip the court.
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3-day notice to pay rent or give up the unit
at least 3 days
What the law says · Idaho Code §6-303(2)
“three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him”
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Landlord files the complaint and the court sets the trial
up to 12 days
What the law says · Idaho Code §6-310(2)
“Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint”
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Service of the summons and complaint
at least 5 days
What the law says · Idaho Code §6-310(2)
“the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court”
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Your written answer (Tenant's Answer)
What the law says
“You must file your response with the court before the hearing date set for trial.”
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Postponement of the trial (if you ask)
up to 2 days
What the law says · Idaho Code §6-311
“no continuance shall be granted for a longer period than two (2) days unless the defendant applying therefor gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant”
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Trial before the judge and judgment
What the law says · Idaho Code §6-311A
“If the court finds the complaint true or if judgment is rendered by default, it shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action.”
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Time to remove your belongings
3 days
What the law says · Idaho Code §6-316(2)
“a residential tenant shall have seventy-two (72) hours to remove his belongings from the premises”
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Writ of restitution
What the law says · Idaho Code §6-316(2)
“The landlord or his agents may deliver a writ of restitution or provide the sheriff with a copy of the writ of restitution and request that the sheriff deliver the writ.”
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The sheriff removes the tenant
at least 3 days
What the law says · Idaho Code §6-316(2)
“After the time required for a tenant to remove his belongings under this subsection and three (3) days after the finding of the court, the sheriff shall restore possession of the premises to the plaintiff by causing immediate removal of the tenant”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The Idaho Human Rights Commission investigates complaints from people who say they faced discrimination in employment, housing, education and public accommodations. Its purpose is to secure for everyone in Idaho freedom from discrimination because of race, color, religion, national origin, sex, age (40 and older) and disability.
Idaho Human Rights CommissionFrequently asked questions
How much can a landlord charge for a deposit in Idaho?
Idaho law sets no maximum for the security deposit. The Attorney General's manual says Idaho does not restrict the amount of rent or deposits a landlord can charge. (Idaho Attorney General (Landlord and Tenant Manual, July 2026))
When must a deposit be returned in Idaho?
The landlord must refund your deposit within 21 days if your rental agreement sets no other time. In any case, it must be within 30 days after you return the unit. If you get back less than you paid, the landlord must give you a signed list of what was kept, why, and what it was spent on. (Idaho Code §6-321(2))
What notice is required for late rent in Idaho?
If you do not pay rent, the landlord must serve you a 3-day written notice. The notice must state the amount due and require you to pay it or give up the unit. (Idaho Code §6-303(2))
How much notice ends a month-to-month rental in Idaho?
A rental with no fixed end, such as month-to-month, ends with written notice of at least 1 month. If the landlord wants you to leave, the landlord must give you that notice. If you want to leave, you must also give written notice of at least 1 month, with the date you will move out. (Idaho Code §55-208)
Are there limits on late fees in Idaho?
Every fee charged to a residential tenant, including a late fee, must be reasonable. The landlord cannot charge you more than your rental agreement says. If your agreement is written, the landlord cannot charge a fee that is not in it unless you get 30 days' written notice. (Idaho Code §55-305(1)-(2))
How much notice before a rent increase in Idaho?
The landlord must give you written notice at least 30 days before a rent increase takes effect. (Idaho Code §55-304(2))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Idaho rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
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