Idaho tenant screening and landlord-tenant law

No Idaho statute caps rental application or screening fees; Idaho landlords may generally set their own fee. Separately, Idaho Code §55-305 (added 2023, renumbered in the 2025 recodification) requires that fees charged to a tenant during a tenancy — including late fees — be reasonable, and bars a landlord from charging a fee not included in the rental agreement unless the tenant gets 30 days' written notice of it. This statute governs fees charged during a tenancy rather than one-time, pre-lease screening fees. Landlords should build any recurring or contingent fees into the lease itself to stay inside its terms.

Idaho has no Idaho-specific law restricting how criminal history may be used in housing decisions — no lookback period and no housing-specific "ban the box" provision. Screening based on criminal history in Idaho is generally governed by FCRA and by federal Fair Housing Act nondiscrimination principles (criminal-history screening that has a disparate effect on a protected class can raise Fair Housing Act concerns).

Idaho law does not add source of income or housing-voucher status as a protected class. The Idaho Human Rights Act's real-estate-transaction provisions (Idaho Code §67-5909(8)) list only race, color, religion, sex, national origin, and disability. Idaho has also gone further than many states here: a 2025 law (Idaho Code §55-306) affirmatively bars local governments from forcing landlords to participate in "an optional federal housing assistance program" (i.e., Section 8/voucher programs) or otherwise regulating rent, fees, or deposits — so Idaho cities and counties generally cannot create a local source-of-income mandate either. This is meaningfully thinner protection than states like California, which protects source of income statewide.

Federal FCRA §615 sets the baseline: if a landlord denies an application, requires a co-signer, or offers different terms based on a consumer report, the landlord must generally send an adverse action notice identifying the reporting agency and the applicant's dispute rights. Idaho has no state law expanding on this for residential tenancies.

No statutory cap — Idaho law doesn't limit how much a landlord may collect as a security deposit (Idaho Code §6-321). A landlord may not deduct for normal wear and tear, which the statute defines as deterioration from ordinary, non-negligent use. Return is generally due within 21 days of the tenant surrendering the premises if no other time is agreed, and in any case within 30 days; refunds of less than the full amount must include a signed, itemized statement of what was retained and why. If a third-party property manager (rather than the owner directly) holds the deposit, it must generally be kept in a separate account at a federally insured institution, distinct from the manager's operating account (added 2021).

To end a month-to-month (at-will) tenancy, either party must generally give at least one month's written notice (Idaho Code §55-208). For rent increases or lease nonrenewal on residential property, a landlord must generally give at least 30 days' written notice before a rent increase or a decision not to renew takes effect (Idaho Code §55-304(2)). For nonpayment of rent or lease violations, a landlord must generally give 3 days' written notice to pay rent or cure the violation before pursuing eviction (Idaho Code §6-303(2)-(3)); after a court judgment, a residential tenant generally has 72 hours to remove belongings before the landlord may dispose of them. A landlord with reasonable grounds to believe unlawful drug delivery, production, or use occurred on the premises may generally pursue eviction immediately, without the standard cure period (Idaho Code §6-303(5)).

Idaho has affirmatively preempted local rent control. Under a new 2025 law (Idaho Code §55-306), a local government generally may not enact or enforce an ordinance regulating rent, fees, or deposits on private residential rentals (with an exception for property the local government itself owns).

Idaho's 2025 rent-control and fee-regulation preemption law (§55-306) addresses rent control and mandatory voucher acceptance. Boise, Meridian, Idaho Falls, and Coeur d'Alene may have their own tenant-screening, criminal-history, or source-of-income requirements; confirm current city code before finalizing a screening policy. Idaho is organized into 44 counties, and unincorporated areas outside city limits are governed by county authority (mainly for zoning and land use) rather than by separate townships. Confirm any county tenant-screening or landlord-tenant requirements against current county code and §55-306 before finalizing a policy involving rent, fees, or deposits.

Does Idaho cap rental application or screening fees? No — Idaho has no statewide cap. Idaho does require, under Idaho Code §55-305, that fees a landlord charges during a tenancy be reasonable and either included in the lease or preceded by 30 days' notice, but that's distinct from a one-time application/screening fee.

How much notice does an Idaho landlord need to give before raising rent? Generally at least 30 days for a residential rental agreement, under the 2024-enacted, 2025-renumbered Idaho Code §55-304(2).

Does Idaho have rent control? No — and as of a 2025 law (Idaho Code §55-306), Idaho cities and counties are generally barred from enacting their own rent-control ordinances or forcing landlords to accept housing vouchers.

How long does an Idaho landlord have to return a security deposit? Generally 21 days after the tenant surrenders the premises, or up to 30 days if extended by agreement, under Idaho Code §6-321.

Checkr helps landlords and property managers run FCRA-compliant tenant screening with consistent, documented criteria for every applicant. Get started with Checkr to build a screening workflow suited to Idaho's fee, notice, and adverse-action requirements.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.