Archive for the ‘ Idaho landlord ’ Category

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
Accurate Credit Bureau

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Landlords Collect Applications and Screen Tenants

The best way to deal with bad tenants is to make sure they never move in! Try to accept the most-qualified applicant who is also the best fit for your property, but be careful not to discriminate.

  • Collect information via professional rental applications
  • Ensure total income of all tenants is 2-3x monthly rent
  • Ask their two former landlords, “Would you rent to them again?”
  • Run a tenant credit check to determine total debt and late payment history

    For more tenant screening advice and help see Accurate Credit Bureau

    IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Idaho

Security Deposit:

Security Deposit Maximum: No statute
Security Deposit Interest: No statute
Separate Security Deposit Bank Account: No statute, but the
name of the financial institution where deposit will be held in escrow should be stated in the lease.
Pet Deposits: No statute
Non-Refundable Fees: No statute
Deadline for Returning Security Deposit: When the lease ends, the landlord has 21 days to return the deposit. The 21-day period can be shortened or extended by an agreement between the tenant and landlord, but it may not be longer than 30 days.
Permitted Uses of the Deposit: Any deductions that are necessary to cover the contingencies specified in the lease, excluding normal wear and tear.
Require Written Description/Itemized List of Damages and Charges: Yes, any refunds that are less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.
Record Keeping of Deposit Withholdings: No statute
Receipt of Deposit: No statute
Failure to Comply: Idaho law provides a four-step process that a tenant can follow to obtain a deposit from a landlord who fails to return the tenant’s deposit or provide an itemized list of deductions within 21 days after the lease ends.
Lease, Rent & Fees:

Rent Is Due: As stated in the lease.
Rent Increase Notice: Fifteen-day notice required before the end of the month in which the increase will take effect.
Rent Grace Period: No staute
Late Fees: No statute, but any late fee policy should be specified in the lease.
Prepaid Rent: No statute
Returned Check Fees: Landlord may sue in small claims court to recover the amount of the check, plus either $100 or three times the check amount, whichever is greater.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute.
Tenant Allowed to Repair and Deduct Rent: No statute. The only exception relates to the installation of smoke detectors. A tenant, after providing three-day written notice to the landlord, may install the necessary smoke detectors and deduct the cost from the tenant’s next month’s rent.
Landlord Allowed to Recover Court and Attorney Fees: In eviction cases, except in cases where triple damages are awarded, the prevailing party is entitled to an award of attorney fees. In cases requiring three-day notice, the notice must advise the tenant that attorney fees shall be awarded to the prevailing party.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute. The landlord must rerent the property as soon as possible at a reasonable price to limit any monetary losses.
Abandonment/Early Termination Fee: No statute, but the lease should explain the landlord’s rights when a tenant may have abandoned the property.
Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: Notice not required as the lease simply ends.
Notice to Terminate Tenancy – Month-to-Month: A tenancy at will may be terminated by either tenant or landlord with one month’s written notice.
Notice to Terminate Tenancy – Yearly Lease with No End Date: One month’s written notice required. Tenancy – Week-to-Week Lease: No statute, but the lease should specify the process the tenant must follow to give proper notice of intent to vacate or terminate the lease.
Termination of Tenancy with 24 Hours Notice: If a landlord has reasonable grounds to believe any person is or has been engaged in the unlawful delivery, production or use of a controlled substance on the leased premises, the landlord can institute eviction proceedings immediately.
Notice of Date/Time of Move-Out Inspection: No statute, but lease should define the terms that allow the tenant to attend the landlord’s move-out inspection.
Notice of Termination of Week-to-Week Leases for Nonpayment: Three-day written notice required.
Notice of Termination of All Other Leases for Nonpayment: Three-day written notice required.
Termination for Lease Violation: Three-day written notice required.
Required Notice before Entry: No statute, but lease should specify when and how the landlord may enter the property.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute, but the lease should specify the landlord’s right to enter the tenant’s property to inspect for damage and make necessary repairs.
Entry Allowed with Notice for Showings: No statute, but the lease
should specify the landlord’s right to enter the tenant’s property to show the property to prospective purchasers or tenants at convenient times.
Emergency Entry Allowed without Notice: No statute, but the lease
should specify the landlord’s right to enter the tenant’s property in case of emergency involving life or property.
Entry Allowed During Tenant’s Extended Absence: Three-day notice, if the lease gives landlord right of reentry.
Notice to Tenants for Pesticide Use: No statute
Lockouts Allowed: No
Utility Shut-offs Allowed: No
Disclosures and Miscellaneous Notes:

Name and Addresses: No statute, but should be stated in the lease.
Copy of the Lease: No statute
Domestic Violence Situations: No statute. Idaho Legal Aid Services offers a Domestic Violence Legal Advice Hotline.
Landlord’s Duties: Landlords must maintain the premises to protect a tenant’s safety and health. In that regard, landlords must comply
with city and county ordinances and state laws regarding housing conditions.
Compliance: Obey the landlord’s property regulations and use the
property for only lawful purposes;
Cleanliness: Keep the property clean and sanitary;
Trash: Properly dispose of garbage;
Appliances and plumbing: Use appliances, electrical fixtures and plumbing facilities properly;
Damage: Prevent family and friends from damaging the property;
Safety: Prevent injury to others due to actions performed on the tenant’s property.
Retaliation: Landlords may not evict a tenant because the tenant requests that repairs be made or because the tenant joins a tenants’ association.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written rental lease, with an information pamphlet on lead-based paint hazards.
For further landlord tips and tenant screening see Accurate Credit Bureau.