10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: No statewide statutory cap on the amount of a residential security deposit. Idaho Code § 6-321 regulates the handling and refund of deposits but sets no maximum amount; § 55-305(4) expressly says the fee-limitation statute does not limit rent. (Idaho Code § 6-321; § 55-305, confirmed 2026-10). Returning the deposit: 21 days after surrender of the premises if the lease fixes no time; the lease may set a different period but in any event the refund is due within 30 days after surrender. Any partial refund must be accompanied by a signed statement itemizing amounts retained, the purpose, and expenditures made from the deposit. (Idaho Code § 6-321(2), confirmed 2026-10).
Late fees: No statutory dollar or percentage cap and no mandatory grace period. For rental agreements entered or renewed on/after July 1, 2023, fees imposed on a residential tenant, including late-payment fees, must be 'reasonable' and may not exceed what the rental agreement allows; a fee not in the agreement requires a written 30-day notice of the change. (Idaho Code § 55-305, confirmed 2026-10). Application fees: No statutory cap on rental application fees. § 55-305 requires tenant fees to be reasonable and disclosed in the rental agreement but does not mention application fees. (Idaho Code § 55-305, confirmed 2026-10).
Nonpayment notice: 3 days' written notice to pay or surrender possession (stating the amount due) before an unlawful-detainer action for nonpayment; the notice may be served any time within one year after the rent becomes due and must tell a residential tenant they have 72 hours after judgment to remove belongings. (Idaho Code § 6-303(2), confirmed 2026-10). Rent increases: At least 30 days' written notice before a rent increase takes effect on a residential tenancy (also 30 days' written notice of intent not to renew). Other lease-term changes on a month-to-month tenancy need 15 days' written notice before the end of the month. No statewide rent cap; local rent control is preempted. (Idaho Code § 55-304(1)-(2); § 55-306, confirmed 2026-10). Ending a month-to-month tenancy: Not less than one month's written notice by the landlord (served per the Code of Civil Procedure) to end a tenancy at will / month-to-month tenancy; the tenant likewise gives not less than one month's notice. (Idaho Code § 55-208, confirmed 2026-10). Entry: No statewide statute sets a minimum notice period for non-emergency landlord entry; the lease governs. The Idaho AG manual advises that if the lease is silent the landlord should first notify the tenant why entry is necessary and agree on a reasonable manner and time. (Idaho Code Title 6 ch. 3 and Title 55 chs. 2-3 (no entry-notice provision); Idaho AG Landlord and Tenant Manual (2026), confirmed 2026-10).
Idaho has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation has no statewide license requirement on file: Idaho has no statewide property-manager licensing requirement.
Security deposits
What Idaho allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
No statewide statutory cap on the amount of a residential security deposit. Idaho Code § 6-321 regulates the handling and refund of deposits but sets no maximum amount; § 55-305(4) expressly says the fee-limitation statute does not limit rent.
“Refunds shall be made within twenty-one (21) days if no time is fixed by agreement”
Excerpt from the cited source as read on the date shown.
Absence-of-cap finding: § 6-321 (security deposits) and Title 55 ch. 3 section titles were read; no section imposes a deposit maximum. The quote is from § 6-321 showing the section governs refunds, not amounts.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-10
21 days after surrender of the premises if the lease fixes no time; the lease may set a different period but in any event the refund is due within 30 days after surrender. Any partial refund must be accompanied by a signed statement itemizing amounts retained, the purpose, and expenditures made from the deposit.
“Refunds shall be made within twenty-one (21) days if no time is fixed by agreement ... in any event, within thirty (30) days after surrender of the premises by the tenant”
Excerpt from the cited source as read on the date shown.
Tenant may sue under § 6-320(a)(4) for failure to return a deposit as and when required by law (3-day written notice to landlord required first, § 6-320(d)).
Reference value in Aptoria's compliance data: “21 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
No statewide cap on security deposits and no statute specifically authorizing or prohibiting a separate pet deposit. Any amount a tenant deposits for a purpose other than rent (including a refundable pet deposit) is a 'security deposit' under Idaho Code § 6-321 and must be refunded within 21 days (or 30 days after surrender if the agreement sets no time), less amounts for contingencies specified in the deposit arrangement. A non-refundable pet fee is a matter of contract; the statute is silent.
“Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. [...] 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.”
Excerpt from the cited source as read on the date shown.
Section neither caps the deposit nor mentions pets; a pet deposit is simply part of the refundable security deposit.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a Idaho lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statutory dollar or percentage cap and no mandatory grace period. For rental agreements entered or renewed on/after July 1, 2023, fees imposed on a residential tenant, including late-payment fees, must be 'reasonable' and may not exceed what the rental agreement allows; a fee not in the agreement requires a written 30-day notice of the change.
Excerpt from the cited source as read on the date shown.
Quote is the statute's operative standard for fees 'including late-payment fees' (§ 55-305(1)); Idaho AG Landlord and Tenant Manual (July 2026) restates: 'Fees charged to residential tenants must be reasonable, including late rent fees.'
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No statutory cap on rental application fees. § 55-305 requires tenant fees to be reasonable and disclosed in the rental agreement but does not mention application fees.
Excerpt from the cited source as read on the date shown.
Absence finding: § 55-305 and the Title 55 ch. 3 / Title 6 ch. 3 section lists contain no application-fee provision.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(b) Statewide preemption of local rent control. No statewide rent cap. Idaho Code § 55-306 (added 2025) bars any local governmental unit from enacting, maintaining or enforcing an ordinance or resolution that would regulate rent, fees, or deposits charged for leasing private residential property (or force owners into optional federal housing-assistance programs); local governments may still manage property in which they hold an interest.
“A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of mandating Idaho property owners to be forced to participate in an optional federal housing assistance program or any other program or law that would otherwise regulate rent, fees, or deposits charged for leasing private residential property.”
Excerpt from the cited source as read on the date shown.
History note on the official page: '55-306, added 2025, ch. 65, sec. 6, p. unrelated).
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice Idaho requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
At least 30 days' written notice before a rent increase takes effect on a residential tenancy (also 30 days' written notice of intent not to renew). Other lease-term changes on a month-to-month tenancy need 15 days' written notice before the end of the month. No statewide rent cap; local rent control is preempted.
“shall provide the tenant written notice of any increase in the amount of rent charged”
Excerpt from the cited source as read on the date shown.
§ 55-304 was renumbered in 2025 (formerly cited as § 55-307); cite the current number. The 30-day requirement applies 'notwithstanding' the 15-day general rule in subsection (1).
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
Not less than one month's written notice by the landlord (served per the Code of Civil Procedure) to end a tenancy at will / month-to-month tenancy; the tenant likewise gives not less than one month's notice.
“to remove from the premises within a period of not less than one (1) month, to be specified in the notice”
Excerpt from the cited source as read on the date shown.
Statute says 'one month', not 30 days;
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
3 days' written notice to pay or surrender possession (stating the amount due) before an unlawful-detainer action for nonpayment; the notice may be served any time within one year after the rent becomes due and must tell a residential tenant they have 72 hours after judgment to remove belongings.
“three (3) days' notice, in writing, requiring its payment, stating the amount which is due”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a Idaho landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
No statewide statute sets a minimum notice period for non-emergency landlord entry; the lease governs. The Idaho AG manual advises that if the lease is silent the landlord should first notify the tenant why entry is necessary and agree on a reasonable manner and time.
“If the lease doesn't include these provisions and the landlord needs to enter the property, the landlord first should notify the tenant why the entry is necessary.”
Excerpt from the cited source as read on the date shown.
Absence finding: section listings for Title 6 ch. 3, Title 55 ch. 2 and Title 55 ch. 3 were read on legislature.idaho.gov and contain no entry-notice section; the AG manual (an agency guide, not a statute) confirms the lease controls.
Reference value in Aptoria's compliance data: “Reasonable notice”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
No statewide license requirement
Idaho has no statewide property-manager licensing requirement.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
Idaho next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
No statewide cap (reasonableness standard); 4 days grace
Capped at $75
Capped at $75; 5 days grace
No statewide cap (reasonableness standard)
Rent-increase notice
30 days
30 days
60 days
90 days
15 days
60 days
30 days
Non-emergency entry notice
Reasonable notice
24 hours
24 hours
24 hours
24 hours
48 hours
Reasonable notice
Pay-or-quit notice
3 days
3 days
7 days
10 days
3 days
14 days
3 days
Source-of-income protection
No statewide protection on file
No statewide protection on file
No statewide protection on file
Protected statewide
No statewide protection on file
Protected statewide
No statewide protection on file
Card surcharges on rent
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Lease disclosures on file
Federal and state disclosures Aptoria's lease workflow surfaces for Idaho. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
Official sources
Primary sources a Idaho landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in Idaho?
No statewide statutory cap on the amount of a residential security deposit. Idaho Code § 6-321 regulates the handling and refund of deposits but sets no maximum amount; § 55-305(4) expressly says the fee-limitation statute does not limit rent. (Idaho Code § 6-321; § 55-305, confirmed 2026-10).
How long does a Idaho landlord have to return the security deposit?
21 days after surrender of the premises if the lease fixes no time; the lease may set a different period but in any event the refund is due within 30 days after surrender. Any partial refund must be accompanied by a signed statement itemizing amounts retained, the purpose, and expenditures made from the deposit. (Idaho Code § 6-321(2), confirmed 2026-10).
What is the maximum late fee in Idaho?
No statutory dollar or percentage cap and no mandatory grace period. For rental agreements entered or renewed on/after July 1, 2023, fees imposed on a residential tenant, including late-payment fees, must be 'reasonable' and may not exceed what the rental agreement allows; a fee not in the agreement requires a written 30-day notice of the change. (Idaho Code § 55-305, confirmed 2026-10).
How many days does a Idaho pay-or-quit notice give the tenant?
3 days' written notice to pay or surrender possession (stating the amount due) before an unlawful-detainer action for nonpayment; the notice may be served any time within one year after the rent becomes due and must tell a residential tenant they have 72 hours after judgment to remove belongings. (Idaho Code § 6-303(2), confirmed 2026-10).
How much notice must a Idaho landlord give before entering?
No statewide statute sets a minimum notice period for non-emergency landlord entry; the lease governs. The Idaho AG manual advises that if the lease is silent the landlord should first notify the tenant why entry is necessary and agree on a reasonable manner and time. (Idaho Code Title 6 ch. 3 and Title 55 chs. 2-3 (no entry-notice provision); Idaho AG Landlord and Tenant Manual (2026), confirmed 2026-10).
How much notice is required to raise rent in Idaho?
At least 30 days' written notice before a rent increase takes effect on a residential tenancy (also 30 days' written notice of intent not to renew). Other lease-term changes on a month-to-month tenancy need 15 days' written notice before the end of the month. No statewide rent cap; local rent control is preempted. (Idaho Code § 55-304(1)-(2); § 55-306, confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in Idaho?
Not less than one month's written notice by the landlord (served per the Code of Civil Procedure) to end a tenancy at will / month-to-month tenancy; the tenant likewise gives not less than one month's notice. (Idaho Code § 55-208, confirmed 2026-10).
Does Idaho have statewide rent control?
No statewide rent regulation is on file for Idaho. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in Idaho?
No statewide source-of-income protection is on file for Idaho, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a Idaho landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.