What is the maximum amount I can collect as a security deposit?
There are no restrictions on the maximum amount that may be collected as a security deposit.
May I charge a fee for late rent or a returned payment?
There are no restrictions or limits placed on the collection of a late fee, however, such fees should remain reasonable and related to the landlord's actual expenses incurred. With regards to returned payments , assessed fees should not exceed $20.
My tenant has moved out, what do I do with their security deposit? The security deposit shall be refunded within 21 days if no time frame is specified within the lease agreement, and in any event, within 30 days after surrender of the premises by the tenant.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.
How can I end a Idaho lease agreement? A Month to Month Lease may be terminated by either party giving the other written notice at least 15 days prior to the end of the rental period. A Fixed Term Lease renews automatically unless a landlord gives the tenant at least 90 days written notice of intent to not renew. The tenant is required to give the landlord 30 days written notice of the intent to not renew..
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable, or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance, and could make the failure to do so a breach of the lease.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
Do I have to give the tenant notice before I enter the rental property? There are no statutory requirements to the amount of notice required before a landlord may enter the leased premises. Landlords should exercise caution and use common sense when they need to gain entrance into the leased premises.
Aside from the lease agreement, are there any additional documents necessary? Yes, If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.