Idaho rules for property managers

Idaho's definition of real estate broker covers selling, listing, buying, or negotiating the purchase, sale, option, or exchange of real estate for others. It does not list leasing or renting, so third-party rental management does not by itself require a license. Active licensees must still follow the license law in everything they do.

Not applicable to leasing. For sales, owners and their regular employees, attorneys in fact for a single transaction, court fiduciaries, and attorneys are exempt.

A third-party manager must hold tenant deposits in a separate account at a federally insured institution, apart from its operating account; licensees are exempt from that rule. A broker's real estate trust account may hold only money from regulated real estate transactions.

State law does not cap deposits. Since July 1, 2024, cities and counties also cannot regulate the rent, fees, or deposits charged for private residential rentals.

Any partial refund must come with a signed statement itemizing what was kept, why, and a detailed list of expenditures. You cannot keep money for normal wear and tear. A tenant can sue for a deposit not returned as required after giving 3 days' written notice, and the court may award three times actual damages. If the property is sold during the tenancy, the new owner is liable for the refund.

The account must be separate from the manager's operating account. This rule does not apply to the owner, managers who share members or principals with the owner entity, real estate licensees, or certain nonprofits.

Applies to rental agreements entered into or renewed on or after July 1, 2023. You cannot charge a fee that is not in the agreement unless the agreement is oral or you give 30 days' written notice of the change. There is no fixed dollar or percentage cap.

Bills to cap application fees failed in 2025 (S 1042) and 2026 (H 701). Cities and counties cannot regulate rental fees. If you reject an applicant based on a credit report, federal law requires an adverse action notice.

The same 30 days applies before you decline to renew a lease. Other changes to a month-to-month lease need written notice at least 15 days before the end of the month, and new or higher fees under a written lease need 30 days' written notice.

Cities and counties also cannot force owners to take part in optional federal housing assistance programs such as vouchers. Local governments may still manage property they own.

The notice must state the amount due and tell a residential tenant they will have 72 hours to remove belongings after any judgment. To recover attorney fees, it must also say fees go to the prevailing party. Serve it in person, or if the tenant is away, leave it with a suitable person and mail a copy, or post it, give it to an occupant, and mail it.

The tenant can save the lease by curing within the 3 days. No notice is needed if the breached term cannot be performed afterward. Illegal subletting or waste ends the lease, and a 3-day notice to quit follows. Drug delivery, production, or use on the premises is a separate ground for unlawful detainer.

The landlord's notice must give the tenant at least one month to move. The tenant's notice must name a move-out date at least one month away.

Continuances are limited to 2 days unless the tenant posts security for rent. After judgment, a residential tenant has 72 hours to remove belongings, and the sheriff restores possession after that time and 3 days after the court's finding. Other lease violation cases follow regular civil procedure.

Disposal is subject to any security interests, and vehicles follow the towing statute. A court may award reasonable removal and restoration costs for good cause. No statute covers belongings left after a voluntary move-out, so get legal advice before disposing of them.

Idaho's landlord-tenant statutes in Title 6, Chapter 3 and Title 55, Chapters 2 and 3 have no entry or notice rule. Put entry rights for inspections, repairs, emergencies, and showings in the lease.

A tenant may sue for damages and specific performance over failures in waterproofing, electrical, plumbing, heating, cooling, or sanitary facilities, health or safety hazards, or missing smoke detectors. A suit for specific performance only is tried within 12 days of filing. If smoke detectors are not installed within 72 hours of a certified letter, the tenant may install them and deduct the cost from rent. The statute provides no other rent withholding or repair and deduct remedy.

You cannot charge a fee, fine, or other cost that is not in a written rental agreement unless you give 30 days' written notice. A 3-day nonpayment notice must include the 72-hour removal warning. The Attorney General's manual recommends giving the owner's and manager's contact details.

The Idaho Human Rights Act covers these classes in real estate transactions and requires allowing reasonable modifications for a tenant with a disability. Age is protected only in employment. Some cities have their own ordinances.

Local governments cannot force owners into optional federal housing assistance programs or regulate rent, fees, or deposits on private rentals. The rule now sits in Idaho Code § 55-306.

Unlawful detainer cases filed on or after January 1, 2025 are shielded from public view without a petition if the whole case was dismissed, no appeal is pending, and 3 years have passed (or the parties stipulate).

Title 55, Chapter 3 was reorganized. The rent increase notice rule is now § 55-304, the fee limit is § 55-305, and the local rent control ban is § 55-306.

• NARPM Southwest Idaho Chapter

• Idaho Human Rights Commission
• Intermountain Fair Housing Council