Crazy rent increase? Lease coming to a close? Here are your rights as a renter in Idaho

Shaun Goodwin
David Staats/dstaats@idahostatesman.com

It doesn’t surprise many Idahoans nowadays that rent is nearly always on the rise in Boise, and a lack of state-level protections over rental price increases since the CDC eviction moratorium ended in August 2021 has made things even more challenging.

The United States has witnessed its second-highest annual increase in rent prices over the past five years — beaten only by 2021 — and Boise has been trending at the national average at a 5.4% increase since this time last year.

But as hopeless as it may seem, renters have rights too, and it’s incredibly important to know them.

Being aware of your rental rights can help you avoid costly situations or paying more money than you have to. This is especially true in the Gem State, where there are no regulations on the amount of rent, deposits or fees that a landlord can charge you.

Idaho tenant rights

  • The landlord must notify the tenant of a rent increase at least 30 days before the increase becomes effective. The landlord must also give the tenant 30 days’ notice if they plan on not renewing the tenant’s lease. The Idaho legislature tried to pass a bill in the 2022 legislative session to increase the rent increase notice to 60 days, but it failed to advance past the House Judiciary, Rules and Administration Committee.

  • A landlord cannot increase the rent midway through a lease agreement. Additionally, if you think a landlord has increased rent by an unreasonable amount, Idaho Code 48-603 (18) states that a landlord cannot raise rent in an “unconscionable” manner.

  • Despite the above code, Idaho has no state-level laws that prohibit a landlord from increasing rent and other charges as much as they want.

  • Tenants who think their landlord has raised their rent an unreasonable amount can file a fair housing complaint online through the U.S. Department of Housing and Urban Development or by calling 800-669-9777 or 800-877-8339.

  • Idaho has no laws limiting the amount a landlord can charge a tenant for a late fee. The Office of the Attorney General also recommends not to write post-dated checks because the check could bounce, and the tenant could incur bank fees and negative credit consequences.

  • Idaho does not allow tenants to withhold rent based on unsafe living conditions, nor does the state allow tenants to seek reimbursement for repairs. The only exception to the rule is Idaho Code 6-320(a)(6), which authorizes a tenant, after three days of notice to the landlord, to install necessary smoke detectors and deduct the cost from the next month’s rent.

  • The landlord cannot retaliate against a tenant because the tenant requests that repairs are made or the tenant joins a tenants’ association.

  • The landlord cannot enter the premises without providing proper notice to the tenant as the lease agreement provides.

  • The Idaho Public Utilities Commission prohibits shutting off utilities from December through February if a tenant cannot pay their bills during this period. The landlord also is not allowed to shut off utilities to force a tenant out of a property.

  • When a tenant moves out of a property, the landlord is required to return the tenant’s security deposit within 21 days. If a partial refund is given, the landlord must provide a statement listing the amount of the deductions and how they were spent. Additionally, the 21-day period can be shortened or extended by an agreement between the landlord and tenant, but it may not exceed 30 days.

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