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Breaking a lease in Idaho

Source: Idaho Code 55-208; 46-409 · Checked against the statute

Tenant notice, month-to-month
1 month
Landlord must try to re-rent
Yes
State early-termination rights
Military service (state law)

When can I move out in Idaho?

Choose your state, your situation and the date your landlord will receive notice.

Ending a month-to-month tenancy

If you are the tenant

  • A tenant may end a tenancy at will (month-to-month) with written notice naming a move-out date at least one month after the notice date (Idaho Code 55-208(2)). The date does not have to fall at the end of a rental period.

If the landlord ends it

  • A landlord may end a tenancy at will with written notice to move out within a period of not less than one month stated in the notice (Idaho Code 55-208(1)). A lease may set a different reasonable notice period (Idaho AG Landlord and Tenant Manual).

Written notice required: Yes. Both the landlord's and the tenant's notices must be in writing (Idaho Code 55-208).

Leaving a fixed-term lease early

Breaking a lease is like breaking a contract and has legal consequences (Idaho AG manual). A tenant who leaves without proper notice may have the deposit used for the landlord's actual re-renting costs, and may owe the landlord's damages and re-renting costs (Idaho Legal Aid).

Landlord's duty to re-rent: Yes. Idaho Legal Aid Services states that the landlord has a duty to re-rent the unit as soon as possible to reduce the damages a tenant who breaks a lease owes. No Idaho statute addresses this; the controlling court decision was not located on an official site.

Lease-break fees: No statutory limit; the lease controls (subject to mitigation).

When Idaho law lets you leave early

  • Military service (state law) (Idaho Code 46-409)

    When the governor calls a National Guard member to state active duty or non-training Title 32 duty in war, armed conflict or a proclaimed emergency, the federal SCRA (including its lease-termination rights) applies to that member.

    Proof:
    Military orders calling the National Guard member to state active duty or Title 32 duty.
    What you still owe:
    As under the federal SCRA.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

Also good to know

  • Idaho has no state statute letting domestic violence victims end a lease early, and no statute letting tenants end a lease for repair problems (tenants sue for damages or specific performance under Idaho Code 6-320).
  • If a fixed-term lease does not require notice, it simply expires at the end of its term (Idaho AG manual).
  • Manufactured-home space tenants who must relocate for a job change may end the lease early with 30 days' written notice (Idaho AG manual, Idaho Code 55-2010).

Next steps

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.