Renter’s Rights & Options
Looking for a new place to rent?
Idahoans can get lists of available rentals at 1-877-428-8844 or www.housingidaho.com.
Need help paying rent?
There are several different Federal Housing Programs. Some give you a voucher to help pay rent in privately-owned apartments or houses. Other buildings are owned by a government agency that charges a reduced rent based on your ability to pay. Along with lower rent, renters in Federal Housing Programs enjoy certain rights, like special notices before rent hikes or evictions. There may be a long waiting list to get into a program, so applying early is best. Contact Idaho Legal Aid Services for a more detailed brochure about housing programs. If you qualify for our services, we may be able to help you if you are denied eligibility or lose your voucher unfairly.
Discrimination: unfair treatment when looking for a new place or while renting.
Landlords are prohibited from treating you differently from other renters because of your sex,
race, nationality, religion, disability or just because you have children. If you think you might
have suffered housing discrimination, these organizations may help:
Intermountain Fair Housing Council 1-800-717-0695
Idaho Human Rights Commission 1-888-249-7025
Fair Housing and Equal Opportunity Office (HUD) 1-800-877-0246
Renters with disabilities can ask landlords for accommodations
If you are disabled, you can ask your landlord or housing program to make reasonable changes to allow you to fully use and enjoy your housing. Depending on your disability, you may be able to ask for an “accommodation” (a change in a rule or policy) or a “modification” (a structural change like an entry ramp or a lower countertop). The request must be reasonable: it should be practical and not cause an undue burden on your landlord. You may also have to ask a health care provider to write a letter stating why your disability requires the change.
Idaho Legal Aid Services may be able to give you more detailed information on how to make a formal request for a reasonable accommodation or modification. You can also get a free do-ityourself packet of forms at www.idaholegalaid.org.
Repairs and Security Deposit Problems
Landlords are required by law to make certain repairs and make sure rentals have adequate:
- water-proofing & weather-protection
- electrical & plumbing systems
- heating, ventilation & cooling systems
- sanitary facilities
- smoke detector installation
- non-hazardous & safe conditions
Landlords are required to return your security deposit no more than 30 days after you move out. If any deductions are taken out for cleaning or repairs, your landlord should send you a detailed, itemized list stating what portion was spent, how and why. Landlords cannot deduct for normal wear and tear on the apartment, but only for cleaning and repairs mentioned in your lease.
What if your landlord refuses to make repairs or return your deposit?
1) You can write a demand letter to your landlord to notify the landlord about the needed
repairs, unsafe conditions, or security deposit that you’re owed.
2) Keep a copy of the letter. Deliver it by certified mail (return-receipt requested) or
personally deliver it with a friend to witness that the landlord received it.
3) After you deliver it, wait three days for a response.
4) If your landlord doesn’t respond, you can file suit in Small Claims Court or Magistrate Court.
Idaho Legal Aid Services may be able to give you more detailed information on how to write a demand letter. You can also get free do-it-yourself legal forms at www.idaholegalaid.org. You can read the laws of repairs and deposits in Idaho Code Sections 6-320 and 6-321.
Contact Idaho’s Consumer Protection Division (1-800-432-3545 or www.ag.idaho.gov) for the Attorney General’s booklet, Landlord and Tenant Guidelines. The booklet describes Idaho’s laws affecting tenants in more detail. It also has useful inspection checklists you can use before you move into an apartment to avoid problems with security deposits and repairs later.
Eviction Protection
Your landlord has a right to sue to evict you only for certain reasons and after proper notice:
- If you have a month-to-month lease, and the landlord gives you 30 days’ notice.
- If you violate the lease agreement, and the landlord gives you three days’ notice.
- If you don’t pay rent on time and the landlord gives you three days’ notice. In Idaho, you must pay rent on time, even if the place needs repairs or has pests! If you try to“withhold rent” and don’t pay on time, your landlord may be able to legally evict you.
It is illegal for your landlord to force you out by turning off the utilities or changing the locks. It is illegal for your landlord to try to evict you in retaliation against you because you requested repairs, complained to the city about housing code violations, or joined a tenants’ association.
Even if you violate the lease or don’t pay rent, your landlord must give three business days’ notice, and give you an opportunity to fix the mistake or pay rent in those three days. If you “cure” the lease violation or pay the back rent that you owe, the eviction process must stop.
If your landlord threatens you with eviction, you may need to defend yourself in court. Idaho Legal Aid Services may be able to give you more detailed information on how to respond to an eviction notice. You can also get free do-it-yourself legal forms at www.idaholegalaid.org. You can also read the laws of evictions in Idaho Code Sections 6-303 and 6-304.
The house I am renting is in foreclosure! Am I going to get evicted soon?
Until 2013, the federal Protecting Tenants in Foreclosure Act gives extra protections to tenants who find themselves in houses in foreclosure because the landlord stopped making payments. For example, you may have up to 90 days, even beyond the end of your lease, to stay in the place while you try to find a new place to live. However, you must continue to pay rent on time, and you will have to take extra steps to make sure you can stay, such as sending written notices to prospective buyers and other people about your tenancy.
Contact Idaho Legal Aid Services for more detailed information about tenants’ protections under this federal law and what you will have to do to enforce your rights.
Options for Homeowners in Foreclosure
Millions of people have found themselves in foreclosure recently, including seniors. Many times, homeowners ignore the problem and become further behind in payments, making things worse. People who are more active in asking for help from the lender and others are more likely to save their home. Often, homeowners may be able to ask the loan holder for an adjusted payment plan or another type of loan modification. Contact your local housing counselor to learn more about your options:
Idaho Housing & Finance Association 1-877-888-3135
Boise Neighborhood Housing Services (208) 343-4065 x 119
Pocatello Neighborhood Housing Services (208) 232-9468
Community Action Partnership in Lewiston 1-800-326-4893
Be aware that there are many companies pretending to help homeowners that are really scams! They may charge you high fees for services you can get for free from the organizations above. Contact Idaho’s Consumer Protection Division (1-800-432-3545 or www.ag.idaho.gov) for a booklet about Foreclosure Prevention and Foreclosure Scams: How to Tell the Difference.
Manufactured Homeownersʼ Rights
Idaho’s Manufactured Home Residency Act spells out certain rights unique to manufactured homeowners who rent a space in a manufactured home community. For example, the landlord of the manufactured home community has to give you 90 days’ written notice if he or she intends to raise the rent, change your lease or any community rules, or doesn’t intend to renew your lease. The landlord also has to give 180 days’ written notice before selling the community land so you have more time to move.
Contact Idaho Legal Aid Services for a brochure with more detailed information about your rights as a manufactured homeowner. You can also read the Manufactured Home Residency Act in Idaho Code Sections 55-2001 through 55-2020.
