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What Is an Idaho Month-to-Month Lease Agreement?

An Idaho month-to-month lease is a short-term rental agreement between the landlord and tenant. This type of residential lease agreement renews at the beginning of each month. Although the tenancy technically lasts for only 30 days, they may decide to make the lease term indefinite if the parties find the relationship amicable.

A month-to-month lease must comply with Idaho landlord-tenant laws. A month-to-month rental agreement should contain the same provisions found in a fixed-term rental agreement, including:

  • The amount of the monthly rent and when the month's rent is due
  • The amount of the late fee
  • The amount of the security deposit
  • Rent increases
  • Whether subletting the rental property is allowed
  • The occupancy information for the rental unit
  • The parking policy
  • The pet policy
  • The notice period for lease termination for tenant move out
  • How to deliver a written notice
  • Eviction information

What Laws Apply to Idaho Month-to-Month Lease Agreements?

Several Idaho landlord-tenant laws govern month-to-month lease agreements. They are primarily found in Idaho Statutes §6-301, §6-321, and §55-208. According to §6-321, which discusses security deposits, there is no statutory limitation on how much a landlord can charge as a security deposit. However, the law states that the security deposit must be refunded to the tenant within no more than 30 days of moving out. The landlord can keep part of the security deposit for specific reasons listed in the security deposit or if the money is required to repair the rental property for damage that exceeds normal wear and tear.

To better understand the rights and obligations created for prospective tenants and Idaho landlords, landlords should seek legal advice regarding state laws and federal laws. Getting legal advice will help you better protect your interest in your real estate as you enter into rental lease agreements with renters.

Terminating an Idaho Month-to-Month Lease Agreement

According to §55-208, the notice period for lease termination of an Idaho month-to-month lease agreement is 30 days. Idaho law is quite specific in that the 30 days notice must be a written notice.

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Idaho Month to Month Lease Agreement

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