Housing
There’s No Place Like Home
The Lease
Some landlords may choose to rent to you on a month-to-month basis. Even if you are renting month-to-month, the landlord must provide you with advance notice if she plans to raise your rent or ask you to move out. If you are in a lease, the landlord cannot raise your rent, change the terms of the lease agreement, or ask you to move out until the end of your lease term, and must also provide advance notice. However, if you are in a month-to-month tenancy, the landlord may change the lease agreement by notifying you of the change 15 days before the month’s end.
A written lease can be helpful for both the landlord and the renter. Having the details in writing can provide a better understanding of your rights and obligations under the terms of the lease and protect against dishonesty and poor memory. Keep in mind that you don’t necessarily have to use the lease form as printed. If your landlord agrees, you may modify the lease to suit your situation.
Breaking a lease means that you aren’t living up to your end of the responsibilities as outlined in your lease agreement. Typically this happens if you decide to move out before the end of the lease period. If you break a lease you may be sued for damages such as:
- Unpaid rent
- Physical damage, including cleaning expenses
- Advertising expenses associated with re-renting the apartment
- The landlord’s attorney fees, if the lease provides for it
If you decide to move out at the end of the rental period, you must give reasonable notice to your landlord, generally in writing, and pursuant to your lease. If your lease does not say how much notice you need to give, 30-day notice in writing is generally considered reasonable. (Landlord and Tenant Manual).
Paying Rent
Rent is the monthly fee you pay to live in your house or apartment. Before you move into your apartment, the landlord will usually ask you to pay the first and last month’s rent as well as a security deposit. Do not pay rent in cash, use a check or money order, and always get a receipt.
A security deposit is money the landlord holds as security against property damage, unclean conditions, and unpaid rent. If you cause no damage and otherwise comply with the terms of the lease, the landlord must return your security deposit within 30 days after you move out. If the landlord does not refund your full security deposit they must provide an itemized account for how your money was spent.
If you rent an apartment with friends and they move out, it’s likely that you will still be responsible for paying the full rent. If you don’t, the landlord may choose to evict you. The landlord must give you a 3-day notice to either pay your rent or leave the property.
Renter’s Insurance
Generally, your landlord’s insurance will only cover the cost of building damages – not your personal property. Renter’s insurance is relatively inexpensive and can make a big difference if you need to replace items such as your computer or TV that were stolen or damaged through no fault of your own. Some renter’s insurance policies exclude damage from flood or earthquakes so know what it is covered before a policy is purchased.
Having a Party
If you have a party at your house that becomes disruptive, you can be charged with Disturbing the Peace, which can include rowdiness, loud music, or fighting. Disturbing the Peace is a misdemeanor offense. If your party is too disruptive, police officers can break up the party and, depending on the circumstances, make arrests.
If someone comes to your party that you don’t want there, you can ask them to leave. If they refuse, it’s called trespassing and you can call the police to have them removed from your house.
Landlord Responsibilities
Unless your lease says otherwise, your landlord is required to keep the electrical, plumbing, heating, cooling, ventilation, and sanitary facilities in good working order. However, if the damage to any of these items is your fault, you will be responsible to pay for the repair.
If the building becomes uninhabitable, meaning it’s unsafe to live in, you should document the issues in writing and with pictures and contact an attorney for assistance. Your landlord cannot evict you for reporting a building code violation to a local building inspector.
In emergency situations, like a water leak, the landlord can enter your apartment, even if you are not home. In other situations the landlord can enter your apartment during regular business hours with advance notice; for example, if the landlord needs to let in someone to make a repair. Any other entry without your permission and advanced notice could be trespassing.
Fair Housing
hanks to the Fair Housing Act, housing providers such as landlords or property managers cannot discriminate against you because of your race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status (presence of children under 18), or disability. Under Idaho law, you cannot be discriminated against because of race, national origin, color, religion, sex (gender identity and sexual orientation), or disability.
If you think your fair housing rights have been violated, contact the Intermountain Fair Housing Council.
Support, service, and companion animals are not legally considered pets, and tenants in rental housing may keep their service animals with them in their housing without additional charges, but the tenant shall remain responsible for any damages to the rental unit resulting from the service animal.
