Idaho Code §§ 55-301 to 55-307 § 55-305
LIMITATION ON FEES FOR TENANTS OF A RENTAL PROPERTY.
Operative Text
(1) Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable. (2) An owner may not charge to the tenant of a rental property a fee, fine, assessment, interest, or other cost: (a) In an amount greater than that agreed upon in the rental agreement; or (b) That is not included in the rental agreement, unless: (i) The rental agreement is an oral agreement; or (ii) The rental agreement is written, and the owner provides the tenant a written thirty (30) day notice of the change in the fee, fine, assessment, interest, or other cost. (3) The provisions of this section shall apply to rental agreements entered into or renewed on or after July 1, 2023. (4) Nothing in this section shall be construed to limit the amount that can be charged for rent.
Idaho Code § 55-305, effective for rental agreements entered into or renewed on or after July 1, 2023, limits the fees a residential landlord may impose on tenants. All fees — including late fees — must be reasonable, and no fee may exceed what the rental agreement specifies. A landlord may only introduce a new fee not already in a written rental agreement by giving the tenant at least 30 days' written notice; oral agreements are treated differently under the statute. Notably, this section does not cap the amount that can be charged for rent itself.
Plain English — not legal advice.
Under Idaho Code § 55-305, operators of residential rental properties should ensure that every fee, fine, assessment, or interest charge is documented in the rental agreement and set at a reasonable level. For written agreements, any new or increased fee requires a written 30-day advance notice to the tenant before it takes effect. Compliant operators typically audit their fee schedules when renewing leases to confirm that all charges align with what is disclosed in the agreement, particularly for agreements entered into or renewed on or after July 1, 2023.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Idaho Code § 55-305 gives residential tenants the right to be charged only those fees that are reasonable and that appear in their rental agreement, or for which they have received at least 30 days' written notice of a change. If a landlord imposes a fee that exceeds the agreed amount or was added without proper notice under a written lease, that charge may not be enforceable under this provision. Tenants who believe a fee violates § 55-305 may wish to review their rental agreement, document the disputed charge, and consult a tenant-rights organization or legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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