Idaho (ID) law guide
Quick answer
Idaho landlord-tenant law sets no cap on security deposits, requires landlords to return deposits within 21 days (or 30 days if the lease allows), and gives tenants just 3 days notice before a nonpayment eviction filing. Idaho has no statewide rent control, and landlords must give 30 days written notice before raising rent on a month-to-month tenancy.
Security Deposit Limit
No statutory cap
Deposit Return Deadline
21 days (up to 30 days if lease specifies)
Statewide Rent Control
None, prohibited by state law
Nonpayment Eviction Notice
3 days written notice
Idaho rental market snapshot
Population
approx. 1.99 million (2025 est.)
Renter households
about 28% of households
Median rent
approx. $1,400/mo for a 2-bedroom apartment (Boise, 2025)
Largest rental markets
Boise, Nampa, Meridian, Idaho Falls, Pocatello
Boise rents softened in 2024-2025 after a pandemic-era spike, making Idaho more affordable than many western states while still attracting strong landlord demand.
Idaho sets no maximum security deposit amount (Idaho Code § 6-321), so landlords may charge whatever the market will bear. In practice, one to two months' rent is typical.
Landlords must return the deposit within 21 days after the tenant surrenders the property, or within 30 days if the lease sets that longer period. Any withholding requires a signed, itemized statement listing each deduction.
Idaho has no statewide rent control, and state law actually preempts cities from enacting local rent stabilization (Idaho Code § 55-208). Landlords may raise rent by any amount, but must give 30 days' written notice before the increase takes effect on a month-to-month tenancy.
There is no statutory grace period for late rent and no cap on late fees, though courts expect fees to be reasonable. Returned-check fees are capped at three times the check amount or $100, whichever is greater.
For nonpayment of rent, a landlord must serve a 3-day written notice demanding payment or possession before filing an unlawful detainer action in court (Idaho Code § 6-303). The same 3-day notice applies to most other lease violations.
Once a court judgment is entered, a residential tenant has 72 hours to remove belongings before the landlord may remove and dispose of them. Self-help eviction (changing locks, removing doors, cutting utilities) is illegal.
Idaho law does not specify a mandatory notice period before landlord entry, but courts generally expect reasonable notice (commonly interpreted as 24 hours) except in genuine emergencies such as fire or active flooding.
Tenants must give the landlord 3 days' written notice of a needed repair before they can pursue legal remedies (Idaho Code § 6-320). Landlords are expected to make repairs within a reasonable time after receiving that notice.
Idaho landlords must maintain an implied warranty of habitability under Idaho Code § 6-320. This covers waterproofing, working plumbing and heating, and conditions that are not hazardous to health or safety.
Anti-retaliation protections prohibit landlords from evicting or penalizing a tenant for reporting habitability problems or exercising legal rights. Tenants facing retaliation may sue for damages and, where applicable, attorney fees (Idaho Code § 6-324).
Idaho landlords must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. The Idaho Human Rights Act adds additional protections at the state level.
Tenants may legally break a lease early for active military deployment (under the Servicemembers Civil Relief Act), uninhabitable conditions the landlord fails to fix, or documented landlord harassment. Otherwise, early termination may result in liability for remaining rent unless the landlord fails to mitigate by re-renting.
This guide is general information, not legal advice. Governing statute: Idaho Code Title 6, Chapter 3 and Title 55, Chapters 3 and 20. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Idaho FAQ
Idaho law sets no maximum security deposit amount. Landlords may charge whatever amount they choose, though one to two months' rent is the market norm. Whatever is collected must be returned within 21 days of move-out, minus any documented, itemized deductions for damages beyond normal wear and tear.
For unpaid rent, the landlord must give a **3-day written notice** to pay or vacate before filing in court. For other lease violations, a 3-day cure-or-quit notice is also required. Month-to-month tenancies require **30 days' written notice** to terminate without cause.
No. Idaho has no statewide rent control, and state law bars cities from creating local rent stabilization. Landlords may raise rent by any amount, but must give **30 days' written notice** before an increase takes effect on a month-to-month lease.
Idaho law does not set a specific notice period. Courts generally expect **24 hours of reasonable notice** for non-emergency entry. In a true emergency (fire, flooding, gas leak), the landlord may enter immediately without prior notice.
Landlords may deduct for unpaid rent, cleaning costs beyond normal use, and repairs for damage caused by the tenant. **Normal wear and tear cannot be deducted.** Any deductions must be explained in a signed, itemized statement delivered within the 21-day (or 30-day) return window.
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