Archive for the ‘ tenant screening Idaho ’ Category
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IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN
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.
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