Late fees / Idaho

Idaho late rent fee: the legal maximum

Idaho has no fixed cap, but a late fee must be a reasonable estimate of the landlord’s actual cost of late payment; courts strike down fees that work as penalties. There is no statutory grace period, so the lease controls when the fee starts.

Cap
None
Must be reasonable
Grace period
None by statute
The lease may set one
Statute
$
Count from the day after rent was due.

Idaho late fee law in full

Reference: 5% of rent at common rents

Idaho has no cap. Five percent of monthly rent is the most common lease figure and the statutory cap in several other states; it is shown for comparison only.

Monthly rent5% reference
$1,000.00$50.00
$1,500.00$75.00
$2,000.00$100.00
$3,000.00$150.00

What the statute says

Idaho Code § 55-305 (formerly § 55-314)

No dollar or percentage cap and no statutory grace period. Any fee imposed on a residential tenant, including a late fee, must be reasonable, may not exceed the amount agreed in the rental agreement, and may not be charged unless it is in the written agreement (or the landlord gives 30 days' written notice of the change; oral agreements excepted). Applies to agreements entered into or renewed on or after July 1, 2023.

How this applies in practice

Related Idaho rules

Frequently asked questions

What is the maximum late fee for rent in Idaho?

There is no statutory maximum in Idaho. No dollar or percentage cap and no statutory grace period. Any fee imposed on a residential tenant, including a late fee, must be reasonable, may not exceed the amount agreed in the rental agreement, and may not be charged unless it is in the written agreement (or the landlord gives 30 days' written notice of the change; oral agreements excepted). Applies to agreements entered into or renewed on or after July 1, 2023. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

Is there a grace period for rent in Idaho?

Not by statute. The lease may set one; if it is silent, a fee can be charged the day after the due date.

Can a Idaho landlord charge a daily late fee?

Nothing in state law forbids it, but the total must remain reasonable. A daily fee that quickly exceeds a few percent of rent risks being struck down as a penalty.

Can a landlord charge a late fee that is not in the lease in Idaho?

No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Idaho the statutory reasonableness standard applies on top of whatever the lease says.

Late fee rules in other states