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Landlord repairs in Idaho

Source: Idaho Code §§ 6-320, 6-317, 6-323, 6-324 · Checked against the statute

Time to repair
3 days
Repair and deduct
Allowed with limits
Withhold rent
Not allowed
End the lease
Not addressed by state law

Idaho repair deadline

Choose the state and the date the landlord got your request.

The landlord's duty to repair

A tenant may sue the landlord for failing to provide reasonable waterproofing and weather protection, failing to keep landlord-supplied electrical, plumbing, heating, ventilating, cooling or sanitary facilities in good working order, keeping the premises in a way that is hazardous to the tenant's health or safety, breaching lease terms that materially affect health and safety, or failing to install working smoke detectors (§ 6-320(a)). The Attorney General's manual says landlords must comply with city, county and state housing-condition laws, and Idaho Legal Aid describes an implied warranty of habitability in all rental contracts. (Idaho Code § 6-320(a))

Idaho law names these:

  • reasonable waterproofing and weather protection
  • electrical, plumbing, heating, ventilating, cooling and sanitary facilities supplied by the landlord in good working order
  • premises not hazardous to health or safety
  • approved smoke detectors in each dwelling unit, verified working at the start of the tenancy

Telling the landlord

Before suing, the tenant must give the landlord 3 days' written notice listing each failure and demanding repair (§ 6-320(d)). It must be delivered personally to the landlord or agent, left with an employee at the landlord's usual place of business, or sent by certified mail, return receipt requested (§ 6-323). For missing smoke detectors, notice goes by certified mail, return receipt requested (§ 6-320(a)(6)). (Idaho Code §§ 6-320(d), 6-323)

The notice must be in writing. Write a Idaho repair request letter.

How long the landlord has

The landlord has 3 days after service of the tenant's written notice to fix the listed problems; after that the tenant may sue (§ 6-320(d)). Idaho Legal Aid says that if day three falls on a weekend or holiday, the landlord has until the next business day. For smoke detectors, the landlord has 72 hours after receiving the certified letter (§ 6-320(a)(6)).

Urgent problems: landlord failed to install working smoke detectors (72 hours after the landlord receives the tenant's certified letter)

Law: Idaho Code § 6-320(a)(6), (d)

Repair it yourself and deduct the cost

Allowed with limits. Only for smoke detectors: if the landlord does not install working smoke detectors within 72 hours after receiving the tenant's certified letter, the tenant may install them and deduct the cost from the next month's rent; they become the landlord's property (§ 6-320(a)(6)). For any other repair, the Attorney General says Idaho law does not let tenants make repairs and seek reimbursement from the landlord.

Limit:
cost of the smoke detectors only
Law:
Idaho Code § 6-320(a)(6); Idaho AG Landlord and Tenant Manual (July 2026), p. 18

Withholding rent

Not allowed. The Attorney General's manual says Idaho law generally does not allow tenants to withhold rent based on unsafe conditions; Idaho Legal Aid says the tenant still must pay rent while suing.

Law:
Idaho AG Landlord and Tenant Manual (July 2026), p. 18

Ending the lease over repairs

Not addressed by state law. No Idaho statute lets a tenant end the lease because of unrepaired conditions, and the official guides reviewed do not describe such a right.

Law:
Idaho Code tit. 6 ch. 3; Idaho AG Landlord and Tenant Manual (July 2026)

Going to court

After the 3-day notice, the tenant can sue for damages and specific performance (an order to repair); a case only for specific performance must be set for trial within 12 days of filing (§ 6-320(a), (c)). Damages under § 6-320 may be trebled (§ 6-317), and the prevailing party gets attorney fees except where treble damages are awarded (§ 6-324).

Protection from retaliation

Idaho has no general statute on retaliation against residential tenants (the retaliation statute in the AG's statute list, § 55-2015, covers manufactured-home parks). Idaho Legal Aid states it is illegal to evict a tenant solely for requesting repairs, but cites no statute and gives no presumption period. (Idaho Legal Aid Services, Advice for Renters: Repairs; Idaho AG Landlord and Tenant Manual (July 2026), statute list)

Reporting unsafe conditions

Idaho Legal Aid says tenants may call city or county building inspectors, or the health department for insect or sanitary problems; inspectors may condemn a building with very serious defects.

Also good to know

  • The Attorney General's Office does not enforce landlord-tenant law or help with repair disputes; tenants enforce it through private lawsuits (AG manual).
  • Idaho has no government agency that regulates mold in rentals; the Department of Health and Welfare's Indoor Environment Program gives education only (AG manual).
  • § 6-320 does not cover defects caused by the tenant or repairs the tenant agreed to do (Idaho Legal Aid), and does not apply to agricultural tracts of 5 acres or more (§ 6-320(e)).
  • Manufactured-home park tenancies are covered by Idaho Code ch. 55-20, including § 55-2015 on retaliation.

Related

Sources

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.