Landlord and Tenant Guidelines Idaho Office of Attorney

Landlord And Tenant Guidelines Idaho Office Of Attorney-Free PDF

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State of Idaho,Office of Attorney General,Lawrence Wasden. INTRODUCTION, This manual is intended to help tenants and landlords better. understand their rights and responsibilities under Idaho law It. is not a restatement of Idaho law or a substitution for. professional legal advice, The Attorney General s Office does not enforce Idaho s. landlord tenant laws and encourages tenants and landlords to. consult with a private attorney when they have questions. about their legal rights or options, This manual includes two checklists The first is designed to. help renters when selecting and renting a property The. second can aid in a thorough inspection at move in and move. out You will find them in Appendix B and Appendix C. LAWRENCE G WASDEN,Attorney General,Table of Contents.
PURPOSE AND SCOPE OF MANUAL 1,BEFORE RENTING 1,EVALUATE THE NEIGHBORHOOD 1. CALCULATE THE AMOUNT OF RENT DEPOSITS AND FEES 1,UNDERSTAND SMOKING PET AND OTHER POLICIES 2. KNOW THE LANDLORD S REPUTATION 2,CREDIT AND BACKGROUND CHECKS OF TENANTS 2. RECOGNIZE HOUSING DISCRIMINATION 3,RENTER S INSURANCE 4. SECTION 8 RENTAL ASSISTANCE HOUSING CHOICE VOUCHER. LEASE AGREEMENTS 5,THE DANGERS OF AN ORAL LEASE 6,TERMS A WRITTEN LEASE SHOULD INCLUDE 6.
LEASE ADDENDUMS 7,IMPROPER LEASE PROVISIONS 7,RESTRICTIVE LEASE PROVISIONS 8. COSIGNING A LEASE 8,MOVING IN 9,TURNING ON THE UTILITIES AND OTHER SERVICES 9. THE MOVE IN INSPECTION AND VIDEO 9,THE TENANT S RIGHT TO PRIVACY 10. MAINTAINING THE RENTAL PROPERTY 11,THE LANDLORD S DUTY TO KEEP THE PROPERTY SAFE AND. HEALTHY 11, WHAT TO DO IF A LANDLORD WON T MAINTAIN A RENTAL 12.
Notify the Landlord 12,Wait Three Days for Repair 12. Sue the Landlord 13,Attend the Trial 13,Enforce the Court s Order 13. Recover for Personal Injuries 13, THE TENANT S RESPONSIBILITIES FOR SAFEGUARDING THE. PROPERTY 13,WHAT TO DO IF A TENANT DAMAGE THE RENTAL 14. Notify the Tenant 14,Allow Three Days for Repair 15.
Evict the Tenant 15,SPECIAL PROPERTY ISSUES 15, THE LANDLORD S DUTY TO PROVIDE UTILITY SERVICES 15. TOXIC MOLD CONCERNS 16,PAYING AND COLLECTING RENT 17. DUE DATES AND LATE FEES 17,WITHHOLDING RENT 17, THE LANDLORD S REMEDIES WHEN A TENANT FAILS TO PAY. Notice to Pay 18,Service of the Complaint 18,Requesting a Continuance 18. Recovery of Attorney Fees and Costs 18,Recovery of Unpaid Rent and Damages 19.
CHANGING THE LEASE 19,RENT INCREASES AND LEASE RENEWALS 19. SUBLETTING 19,EXTENDING THE LEASE 20,BREAKING THE LEASE 20. HOLDOVER TENANCIES 20,PROPERTY MANAGEMENT COMPANIES 20. MOVING OUT 21,NOTICE TO VACATE 21,MOVE OUT INSPECTION 21. RETURN OF THE SECURITY DEPOSIT 22,21 Day Return Rule 22.
Wear and Tear vs Damage and Excessive Filth 22,Improper Notice May Affect Deposit Return 23. Tenant s Remedies for Obtaining Security Deposit 23. Misrepresenting Necessary Repairs 24,EVICTIONS 25,RETALIATORY EVICTIONS 25. THE EVICTION PROCESS 25,Notice of Eviction 25,Unlawful Detainer Action 26. UNLAWFUL EVICTIONS 27,REMOVAL OF TENANT S PERSONAL PROPERTY 28. MANUFACTURED HOME RESIDENCY ACT 28,WRITTEN LEASES 28.
Mandatory Lease Terms 29,Implied Lease Terms 29,Prohibited Lease Terms 30. PARK RULES 30,RENT INCREASES 30,SECURITY DEPOSITS 30. LIABILITY OF THE LIEN HOLDER OR LEGAL OWNER OF A,MANUFACTURED HOME FOR BACK RENT AND UTILITIES 30. REMOVAL OF A MANUFACTURED HOME 31,SALE OF MANUFACTURED HOME 31. RENEWAL OF THE LEASE 31,TERMINATION OF THE LEASE 32.
TENANT S RIGHTS AND REMEDIES 32,STORAGE UNITS 33,APPENDIX A IDAHO CODE SECTIONS 34. AT WILL TENANCY 34,FIXTURES REMOVAL OF 34,MANUFACTURED HOME PARKS 34. PROPERTY REPAIR ISSUES 35,SECURITY DEPOSITS 35,SMALL CLAIMS ACTIONS 35. TRANSFER OF PROPERTY 35,UNLAWFUL DETAINER 36,APPENDIX B 37. PRE RENTAL CHECKLIST 37,APPENDIX C 43,RENTAL MOVE IN MOVE OUT CHECKLIST 43.
PURPOSE AND SCOPE OF MANUAL, The Attorney General s Office publishes this manual as a. courtesy to Idaho s tenants and landlords It outlines general. guidelines about the parties rights and responsibilities under. Idaho law and is not a restatement of the law or a substitution. for professional legal advice, The Attorney General s Office does not enforce Idaho s. landlord tenant laws Parties with questions about their legal. rights should schedule a consultation with a private attorney. BEFORE RENTING, Choosing where to live is an important decision For a. landlord deciding whether an individual will make a suitable. tenant can be challenging Considering the following factors. may help the parties make more informed decisions before. they commit to a lease,THE PRE RENTAL CHECKLIST,IN APPENDIX B WILL HELP. DURING YOUR RENTAL SEARCH,EVALUATE THE NEIGHBORHOOD.
Investigate the neighborhood where the property is located. Make sure it is a safe and healthy place to live especially if. children will be living in the rental unit,CALCULATE THE AMOUNT OF RENT DEPOSITS. Idaho does not regulate the amount of rent deposits or fees. that landlords can charge It is best to walk away in situations. where the landlord refuses to disclose upfront and in writing. all of the costs involved in renting a property,UNDERSTAND SMOKING PET AND OTHER. Although a landlord may not discriminate against protected. classes of individuals a landlord may select prospective. tenants based on any lawful business criteria Landlords can. set their own smoking pet and other policies as long as they. are not discriminatory under local state or federal law. A NOTE ABOUT SUPPORT ANIMALS, Support animals service animals and companion animals. are not legally considered pets and tenants are entitled. to a support animal regardless of the landlord s policy on. pets Call the Intermountain Fair Housing Council at. 208 383 0695 for more information about specific issues. related to support service and companion animals, A landlord also may reject an applicant based on the person s. inability to pay rent or the person s criminal history A valid. occupancy policy limiting the number of people per rental unit. one that is based on health and safety standards is a lawful. basis for refusing an applicant,KNOW THE LANDLORD S REPUTATION.
Tenants should talk to current and former tenants about the. landlord s reputation and business practices Former tenants. also post reviews on social media websites the Better. Business Bureau s website or on business review websites. CREDIT AND BACKGROUND CHECKS OF, Idaho law does not require landlords to check a prospective. tenant s credit before approving the tenant s rental. application However most landlords do check an applicant s. income employment and credit to verify the applicant can. afford to pay the rent each month, Before running a credit check the landlord should obtain the. prospective tenant s written consent If the landlord rejects an. applicant because of negative credit information the landlord. must provide the applicant with the following information. 1 The reason the applicant was rejected, 2 The name and address of the credit reporting agency. that reported the negative information and, 3 The applicant s right to obtain a free copy of the report. by requesting it from the credit reporting agency,within 60 days.
When reviewing an applicant s background landlords should. keep in mind that not everyone has an established credit. history Young adults looking for their first apartment or. refugees from other countries may not have a credit report or. even a Social Security number, Landlords may not reject an applicant based on any. criteria that serves only as a pretext for discriminating. against a protected class,RECOGNIZE HOUSING DISCRIMINATION. Discrimination based on sex race color religion disability. familial status presence of children under the age of 18 or. national origin is unlawful A disability includes a physical or. mental impairment such as blindness chronic alcoholism. AIDS or its related complexes, Landlords may not take any of the following actions based on. the above protected categories, falsely denying that a rental unit is available to some. applicants, running an advertisement that suggests a preference based.
on a group characteristic,setting restrictive standards for certain tenants. refusing to accommodate the needs of disabled tenants. such as allowing service animals, adopting inconsistent policies for different tenants and. terminating a lease for a discriminatory reason,HOUSING DISCRIMINATION COMPLAINTS. If you believe you have suffered discrimination while. trying to rent a home or apartment you can contact the. Idaho Commission on Human Rights,RENTER S INSURANCE. Renters ought to consider buying renter s insurance Renter s. insurance is an insurance policy that covers a renter s personal. belongings in case of loss by fire or other accident Renter s. insurance may cover claims or lawsuits brought against the. renter Most policies only cover personal property and do not. include motor vehicles or animals Also some policies. exclude floods or earthquakes If you decide renter s. insurance is right for you shop around for a policy which fits. your needs,SECTION 8 RENTAL ASSISTANCE HOUSING,CHOICE VOUCHER PROGRAM.
The Idaho Housing and Finance Association IHFA and. several regional housing authorities administer a federal rental. assistance program that helps low income families and elderly. or disabled individuals obtain decent affordable rental. housing The program is often called Section 8 rental. assistance or the Housing Choice Voucher Program, To be eligible for rental assistance you must qualify under. income limits and other eligibility criteria and re certify. eligibility annually Program participants generally contribute. 30 40 of their adjusted monthly gross income toward rent. and utilities IHFA or the regional housing authority pays the. remaining balance directly to the landlord Due to the high. demand for Section 8 rentals applicants are usually placed. on waiting lists for 2 to 24 months depending on their current. housing status and the area of the state, For more information regarding Section 8 rental assistance. including questions regarding eligibility requirements and. waiting periods please contact the IHFA branch office or the. housing authority that serves the region in which you live. LEASE AGREEMENTS, The lease agreement is a legal document that both parties. should negotiate read understand and sign All questions. should be answered and all differences should be resolved. before either party signs the agreement Absent a violation of. public policy the lease is the sole contract that will govern the. landlord tenant relationship for the duration of the tenancy. When a dispute between the parties arises look first to the. lease for a resolution,THE DANGERS OF AN ORAL LEASE. Idaho recognizes oral leases for tenancies lasting less than one. year as long as the parties agree to all terms The terms of an. oral agreement however are difficult to prove A written. signed lease avoids the problems of a he said she said. TERMS A WRITTEN LEASE SHOULD INCLUDE, A written lease should be readable and should include the.
following terms,1 Contact Information The names addresses and. telephone numbers of the landlord or property,management company the property owner if. managed by a property management company the,tenant and the tenant s emergency contact. maintenance and after hours maintenance and any,other important persons. 2 Property Information The address of the rental, property and the purpose for which it will be used.
3 Dates The beginning and ending dates of the, 4 Rent The amount of the rent when it is due and the. amount charged for late fees,5 Deposit The amount of the security deposit the. name of the financial institution where the landlord. will hold the deposit and an explanation of how the. landlord will use the deposit at the end of the,6 Utilities Repairs The party who is responsible. for each of the utilities and for indoor and outdoor. maintenance and repair of the property including,garages carports and storage facilities. 7 Policies All restrictions and policies placed on a. tenant s use of the property including the number of. occupants whether pets or smoking is allowed,mandatory quiet times and whether assignment or.
subletting is permitted, 8 Termination The process the tenant must follow to. give proper notice of intent to vacate or terminate the. 9 Move Out Inspection Terms that allow the tenant,to attend the landlord s move out inspection. 10 Entrance When and how the landlord can enter the. 11 Signatures The signatures and dates of all parties. LEASE ADDENDUMS, Sometimes landlords attach addendums to the lease agreement. to address specific policies e g pets parking mold. disclosure etc An addendum should be signed at the same. time as the lease,IMPROPER LEASE PROVISIONS, Lease agreements should not include any unlawful or. unenforceable terms including incorrect or misleading. statements of the law Examples of such provisions include. those that, misrepresent or conflict with the tenant s rights under.
Idaho law does not require landlords to check a prospective tenant s credit before approving the tenant s rental A NOTE ABOUT SUPPORT ANIMALS Support animals service animals and companion animals are not legally considered pets and tenants are entitled to a support animal regardless of the landlord s policy on pets Call the Intermountain Fair Housing Council at 208 383 0695

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