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Idaho Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Idaho on
Q: What are my legal rights only having a holding deposit? I am unable to contact any leasing agents.

I filled application out after walk through of move in ready apartment and paid holding deposit 8 days later. 9th day I stop by to start ppwk and it was broken into and needs repairs now. No one will contact me. I had to report it to maintenance who said they were cleaning. I refuted the answer and... View More

0 Answers | Asked in Landlord - Tenant for Idaho on
Q: I have a holding deposit on an apartment that was broken into. Do I have a legal right to file a police report? No lease

No paperwork completed on the apartment and no response from the management company since I notified maintenance of the break in

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I found a house for rent in Idaho for 2000.00. We agreed on Facebook Messenger to rent the place.

Sent 1000.00 3 weeks ago to hold property until they landlord returned to Idaho in April to sign lease. Last night they texted and said they have since received offers for 2500 and would only rent if we agree to the extra 500. Is this legal?

James L. Arrasmith
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answered on Mar 28, 2024

The situation you're describing involves a verbal agreement which, while informal, can be recognized as binding in many jurisdictions. However, the enforceability of such agreements can depend on the specifics of local laws and the evidence available to support the terms agreed upon. In this... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can property management verbally modify a 3 day notice?

Property management is trying to evict me under Idaho code section 6-301. However, when I spoke with them on 3/13 and was asked by Napua when was I planning to pay rent, I told her it would be on 3/14 after I got paid. I was under the impression that she was ok with that since all she said was ok... View More

James L. Arrasmith
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answered on Mar 30, 2024

In the context of eviction notices under Idaho Code Section 6-301, verbal modifications to a 3-day notice can present a complex situation. Generally, eviction processes and notices are governed by specific statutes that require certain forms of communication, often in writing, to ensure clarity and... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: If a landlord has issued a 30 day eviction notice, can that landlord issue a 3 day notice?

Original 30 day notice is still in effect (issued less than 48 hours ago). The question is, can that landlord issue the same tenant/property another notice (3 day) on a separate, or same, issue effectively reducing the time that tenant must vacate said property?

T. Augustus Claus
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answered on Feb 2, 2024

In Idaho, a landlord can issue multiple notices for different lease violations or issues within a short time frame. Issuing a 30-day notice does not necessarily prevent the landlord from issuing a separate 3-day notice for another violation or issue. Each notice addresses a specific concern or... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you have a "family" member move your property from your rental after being served a 72 hour eviction notice in idaho
T. Augustus Claus
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answered on Sep 18, 2023

In Idaho, if you've received a 72-hour eviction notice, it signifies that you are facing eviction from your rental property. During this process, you typically have the responsibility to remove your personal property from the premises. While you can have a "family" member or someone... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Is my apartment complex responsible for repairing the exhaust vent in our kitchen?

When we moved in, my apartment came with a microwave that is built in under the cabinets above the stovetop. The appliance tripped the breaker in the wall, and now the microwave as well as the exhaust fan (as the fan is built into the microwave) is not working. We reached out to maintenance and... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

If your microwave isn't working it's obviously because the NEC Code requires a dedicated circuit now for a microwave. The apartment manager gave you a contract, did you read it? If it said that you could plug in your own microwave oven, then you're in good shape. However, Idaho... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Is it legal for a landlord to withhold deposit money for work they did not perform?

Landlord won't refund a non refundable $400 carpet cleaning/cleaning fee, but allowed one of the original parties on my lease to sign a new lease without having to move out, and never cleaned the carpets or cleaned the property.

Kevin M Rogers
Kevin M Rogers
answered on Jan 2, 2023

The ONLY deposits which are NOT refundable in Idaho are those Security Deposits. A Security Deposit is one sum of money deposited to guarantee the payment of rent. All other deposits are refundable, if say, the cleaning bill was for $180.00 and the LL charged you a $300 deposit, you are due a... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Idaho on
Q: Prior to a new land owner taking over my trailer park we had a direct connection to the water line. The land lord had a

a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
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1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can a landlord make us remove a pingpong table? She statedbthe table can damage walls and must be removed?

4 of us roommates moved into a 4 bedroom house. We are all around 21-25 tears of age. The house is pretty big and we had an empty space to fill so we bought a ping pong table. Well the landlord saw and re received a message saying the ping pong table needed to be removed as it can damage walls and... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 2, 2021

Yes, they can.

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Too long. See below. Tenant, landlord, renting

Okay so I'm renting a room right now as part of a larger single unit home. One of my housemates has some really bad klepto tendencies and I've had to take a lot of my stuff back from him and out of his room after he stole them from my room. Am I allowed to change the lock on my door... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 14, 2020

I recommend that you contact the LL. He has some liability if things from a "guest" are stolen by someone else who is his "guest," so I think he should be consulted, but you DO have the right to change your lock, as long as you let your LL know.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?

Kevin M Rogers
Kevin M Rogers
answered on Sep 10, 2020

Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Idaho on
Q: married adult living with parents, can the father force child’s spouse to leave the property

let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

Yes. Father is the "homeowner" and the spouse is a "guest" and so is daughter, so be nice!

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I live in Washington state at my parents house they kick me out kept all my belongings do I have compensation
Kevin M Rogers
Kevin M Rogers
answered on Aug 6, 2020

It depends. Were you renting from them? Did you pay them rent and have an actual rental contract? Probably not. Therefore, it's a "mom & dad" thing, huh?

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: MY MOTHER DIED WITHOUT A WILL, MY UNCLE HAS BEEN LIVING THERE. HOW DO WE EVICT HIM WITHOUT PROBATE STARTED?
Anthony M. Avery
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answered on Jul 27, 2020

The Mother's Heirs-At-Law are now the owners of the Home by operation of law. Those Heirs have standing to file an Eviction Action for Possession. Hire an attorney to determine heirship and sue for possession.

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you sue an extended stay hotel for not refunding your money after 11 days when another tenant threatens you?

i was threatened by a neighbor, saying he was going to shoot me, i told the manager and he refused to give me money back.

Kevin M Rogers
Kevin M Rogers
answered on Jul 16, 2020

Probably not. You have a contract that is between yourself and the Extended Stay Hotel, Inc. If you get a copy of that contract and read the fine print, it probably says that your failure to pay when due is a breach of contract and may not have any exceptions such as "neighbors who threaten... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Am I allowed to have a weapon in my Idaho apartment?

I am attending BYUI and they REQUIRE me to live in housing that they control. One of the parts of the contract forbids (paraphrase) anything that is a firearm, knife, or anything else that can injure or damage property; and forbids anything that looks like one of those.

The most applicable... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

This is an easy answer. BYU Idaho is a private college. They didn’t have to invite you to attend but they did. You accepted their rules. If you want to now pick and choose which of their rules you’ll obey then my guess is that you’ll be expelled very soon! If you could prevail with a... View More

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Small Claims for Idaho on
Q: My landlord is keeping my pet deposit for scratches on her door that she showed me. I couldn't see any. I've had people

Over and they could not see any either. I took pictures but my phone got stolen. When I moved out I gave her a demand letter which she did not respond to. She never gave me a letter telling me why she was keeping my deposit. She also never kept my deposits in a separate account. Regarding my... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2020

It is the security deposit that landlords are NOT entitled to keep. If your contract HAS a provision for a pet deposit, the landlord’s keeping it COULD BE a pitifully slow way for her to build her fortune, one pet deposit after another! But I doubt that. Instead I think that your dear pet MSY... View More

0 Answers | Asked in Landlord - Tenant for Idaho on
Q: Can a landlord charge me for damages that were not mine.

Land lord refused to give me any documentation besides for my original lease agreement and to say she was keeping my whole deposit. Everything else was verbal including:

Walk in and walk out inspection

If I cleaned the carpets I would get my deposit back

Saying that I would... View More

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