Idaho Code 6-320 makes a landlord liable for failing to keep a rental in habitable condition, listing duties such as waterproofing, working plumbing, heating, electrical and sanitary facilities, and operable smoke detectors. A tenant must first give three days' written notice listing each failure before suing for damages or repairs.
Idaho Code 6-320 lets a tenant sue a landlord who fails to keep the premises in 'a clean and habitable condition.' Enumerated duties include providing 'reasonable waterproofing and weather protection,' maintaining electrical, plumbing, heating, ventilating, cooling and sanitary facilities in good and safe working order, keeping common areas safe, and installing approved, working smoke detectors. Before filing, the tenant must serve the landlord 'three (3) days written notice, listing each failure or breach' and demanding cure; suit may proceed only if the landlord fails to remedy within that period. Tracts of five acres or more used agriculturally are exempt. Tenants may deduct smoke-detector costs from rent if not installed within 72 hours of certified notice.
A landlord who does not cure within three days of written notice may be liable in a tenant suit for damages and specific performance (repairs) under Idaho Code 6-320, plus potentially costs. There is no fixed statutory fine; remedies are judicially awarded based on the breach.
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