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Idaho Statewide Rule

Idaho Habitability and Repair Duties

Some RestrictionsApplies statewide across Idaho (2026)

Key Facts

Governing statute
Idaho Code 6-320
Pre-suit notice
3 days' written notice listing each failure
Covered duties
Waterproofing, plumbing, heating, electrical, sanitation, smoke detectors
Exemption
Agricultural tracts of 5+ acres
Last verified: September 5, 2026

Summary

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.

A tenant may file an action against a landlord for damages and specific performance for: (1) Failure to provide reasonable waterproofing and weather protection of the premises; (2) Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord;

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

What must an Idaho tenant do before suing over needed repairs?
Under Idaho Code 6-320 the tenant must give the landlord three days' written notice listing each failure and demanding cure; only if the landlord fails to fix it within three days may the tenant sue for damages and repairs.
What habitability duties does an Idaho landlord have?
Idaho Code 6-320 requires waterproofing and weather protection, working plumbing, heating, electrical and sanitary facilities, safe premises, and approved operable smoke detectors in the dwelling.

Sources

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