Idaho Late Rent Fee Rules

Idaho's landlord-tenant statutes contain no provision limiting the amount or percentage of a late fee, and no required grace period before one applies. A late fee is enforceable only if it is stated in the written lease or rental agreement; a landlord cannot impose a fee that was not agreed to. Beyond that, the code is silent, leaving the size of the fee to the contract, subject to general contract principles that a charge should not be an unenforceable penalty. There is no statutory grace period, no statutory cap, and no statutory formula. Tenants should review the lease, because that document is the only source of any late-fee terms in Idaho.

No specific statutory penalty. A late fee not provided for in the lease is unenforceable; a fee so excessive as to function as a penalty rather than a reasonable estimate of damages may be challenged in court, but no statute fixes the limit.