Most Commonly Used Idaho Lease Agreements
The most commonly used Idaho rental lease agreements are broadly defined as commercial and residential. Residential lease agreements may be referred to as a standard lease agreement, month-to-month agreement, roommate agreement, lease to own agreement, and a sublease agreement.
While the most commonly used Idaho lease agreements do all rely on the same elements, they may also have their own features. For example:
- While a roommate agreement is a type of standard residential lease agreement, it explains which areas of the rental property are for the exclusive use of the roommate as well as which areas are considered communal and for use by everyone. It would contain the same provisions as a residential lease agreement or sublease agreement.
- A standard residential lease agreement is generally one year in length, although it may be written for other terms. When a one year lease ends, it may convert to a month-to-month or it may renew for another year. However, regardless of how it renews, it likely includes a provision that states that either party wishing to not renew the lease must provide the other party with a 30-day written notice.
How to Write an Idaho Lease Agreement
Idaho lease agreements must comply with Idaho landlord-tenant laws or they are unenforceable. There are other laws that must also be considered. You’ll learn more about some of them under the sections related to disclosures and security deposits.
Since an Idaho lease agreement is a legal contract, you should read the terms carefully or have it reviewed by an attorney before you sign it.
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Names of the Parties - This is the landlord's full name or the property management company's legal business name and the full name of the tenant(s).
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Property Address - This is the full address for the leased space or rental property, including the city, zip code, and, if it is applicable, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fees - This includes any applicable fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of deposit that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - The total amount of money that the tenant must pay to move into the rental unit. This includes the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the full name of each tenant even if they are a minor or are not signing the lease for some reason. This part of an Idaho residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section notes which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section provides the names of both the landlord or the property manager and tenant along with their full mailing address. This contact information should be used if the parties need to send out a notice to the other party for some reason.
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Eviction - This section explains how eviction proceedings would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section lists any other obligations that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in an Idaho Lease Agreement?
Idaho state law doesn't require any specific disclosures that must be provided to the tenant by the landlord. However, federal law dictates that if the residential unit was built prior to 1978, the landlord must provide a lead-based paint disclosure.
What You Need to Know About Idaho Lease Agreement Deposits
The State of Idaho does not limit how much a landlord may charge for a security deposit. However, Idaho landlord-tenant law requires a landlord to return the security deposit to the tenant within 21 days of vacating the property if no time is specified in the rental contract. It may be returned as late as 30 days, but that must be specifically mentioned in the Idaho rental agreement.
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