Laws by state / Idaho

Idaho landlord and tenant rules

The figures that decide most disputes between Idaho landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research

Rule	Idaho	Statute	Tool
Maximum security deposit	No statutory limit	Idaho Code § 6-321	Deposit rules
Deposit return deadline	21 days after the tenant surrenders the premises if the rental agreement sets no deadline; the agreement may set a longer period, but in every case the refund (with a signed itemized statement for any deductions) is due within 30 days after surrender	Idaho Code § 6-321	Deposit rules
Interest on the deposit	Not required	Idaho Code § 6-321
Maximum late fee	Must be reasonable; no fixed cap	Idaho Code § 55-305 (formerly § 55-314)	Late fee calculator
Landlord notice, month-to-month	30 days	Idaho Code § 55-208; § 55-304 (formerly § 55-307); § 6-303(2)-(3)	Notice calculator
Tenant notice, month-to-month	30 days	Idaho Code § 55-208; § 55-304 (formerly § 55-307); § 6-303(2)-(3)	Notice calculator
Rent increase notice	30 days	Idaho Code § 55-208; § 55-304 (formerly § 55-307); § 6-303(2)-(3)	Notice calculator
Pay-or-quit notice	3 days	Idaho Code § 55-208; § 55-304 (formerly § 55-307); § 6-303(2)-(3)	Notice calculator
Rent increase cap	None statewide

Security deposits in Idaho

Idaho sets no statutory limit on the size of a security deposit. The deposit must be returned 21 days after the tenant surrenders the premises if the rental agreement sets no deadline; the agreement may set a longer period, but in every case the refund (with a signed itemized statement for any deductions) is due within 30 days after surrender. No interest is owed on the deposit under state law. No cap on the deposit amount. Landlord may not retain any part of the deposit for normal wear and tear. 2021 amendment (ch. 197) requires deposits handled by a third-party property manager to be kept in a separate federally insured account. The official legislature.idaho.gov site refused connections during verification, so the statute text was read from Internet Archive (2025-2026) captures of the official pages. Full deposit rules and move-out checklist.

Late fees in Idaho

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. Calculate the maximum fee.

Notice periods in Idaho

A Idaho landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 3-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Idaho?

There is no statutory cap in Idaho; the market and the lease decide. No cap on the deposit amount. Landlord may not retain any part of the deposit for normal wear and tear. 2021 amendment (ch. 197) requires deposits handled by a third-party property manager to be kept in a separate federally insured account. The official legislature.idaho.gov site refused connections during verification, so the statute text was read from Internet Archive (2025-2026) captures of the official pages.

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.

How much notice does a landlord have to give a tenant to move out in Idaho?

30 days’ written notice for a month-to-month tenancy. Not less than one month's written notice by either the landlord or the tenant (Idaho Code § 55-208). Separately, a residential landlord must give at least 30 days' written notice of intent not to renew a lease (§ 55-304(2)(a), added 2024).

How long is a pay-or-quit notice in Idaho?

3 days. The tenant can stop the eviction by paying the full amount within that time.