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Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
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When a landlord agrees to let another person or group use their property, it’s to the benefit of both parties—and sometimes a legal requirement—that they create an Idaho lease agreement.
This article will outline the requirements of a valid Idaho rental contract and how it can protect the rights of tenants and landlords. We also provide a free template that you can use as the basis of an Idaho lease. Enter your email address below to get our lease template, tailored to comply with Idaho law.
What Is a Lease Agreement?
A lease agreement is a contract between a landlord—the property owner—and a tenant (or tenants)—the person or people using the property.
The purpose of a lease is to spell out the rights and responsibilities of all parties. These typically include the landlord’s right to collect the agreed-upon rent, for example, and their duties to repair and maintain the property. The tenants also have rights and responsibilities in most rental contracts.
The exact nature of the roles of each party will depend on the nature of the document, Idaho laws and the terms that the landlord and tenant agree to.
When Is a Lease Agreement Used in Idaho?
A lease agreement is often used to formalize an Idaho landlord-tenant relationship and to outline the rights and obligations each party owes to the other.
Even in instances where a rental contract isn’t required to be written out, it’s usually a good idea to have a written lease.
If you do decide to enter a lease without a written rental agreement, you should be aware of potential consequences. Without documentation, it will be difficult to prove when a party fails to comply with the agreement.
Who Typically Creates a Lease Agreement?
Often, the creation of the lease agreement falls to the landlord. In fact, in residential rental situations, the tenant may find themselves unable to negotiate any terms at all, and the landlord will likely not sign a lease the tenant provides.
There is no requirement that the landlord create the lease, however. Either party can draft a lease—possibly with the aid of a template like our free version—as a starting point for negotiating the lease terms.
What Parties Are Involved in a Lease Agreement?
There are always two parties to a lease: the lessee and the lessor. The lessee is the tenant or tenants who will be using the property. The lessor is the landlord who owns the property and allows its use.
If the tenant or tenants have bad credit or low income, the landlord may require a third party to the lease—a cosigner or guarantor. A guarantor, as the name suggests, is on the lease to guarantee the tenant honors the rental contract. Usually, this means that the guarantor agrees to pay the rent if the tenant doesn’t.
What Should Be Included in an Idaho Lease Agreement?
Under Idaho law, a lease agreement has to include:
- A clear demonstration that the landlord and tenant intend to create a landlord-tenant relationship
- Identification of all parties
- A description of the property
- The amount and term of the rent.
The description of the property can be as simple as the address.
In addition to what’s required to form a written lease in Idaho, it’s a good idea to include many other elements.
The landlord should, for example, be sure to include things like how the rent should be paid, what the penalty is for late or missed payments and any other tenant responsibilities.
The tenant, on the other hand, would want to know:
- How much notice they need to provide if they want to renew at the end of the lease,
- When the landlord might ask for access to the property or
- How to reach the landlord or their agent when something breaks.
Frequently Asked Questions (FAQs)
How much can a landlord increase the rent in Idaho?
There are no caps on how much a landlord can increase the rent in most states. In Idaho, there are no rent controls.
Does a lease need to be notarized in Idaho?
An Idaho lease does not need to be notarized to be valid and enforceable. In fact, notarizing a lease is extremely rare—increasingly so as more and more residential leases are e-signed.
What rights does a tenant have in Idaho?
A lease in Idaho is a contract between the tenant and landlord. Like any contract, both parties can negotiate the terms—at least in theory. In practice, landlords may be unwilling to alter their residential lease.
It doesn’t hurt to ask, however. It’s also important to know that a lease can’t contain terms that are illegal.
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