Tenant rights you should know about as a new tenant

An overview of Landlord Tenant Laws in Idaho from a lawyer

Rental sign at Lilly and A St. for Hill Rental Properties. Cory Summers | Argonaut
Rental sign at Lilly and A St. for Hill Rental Properties. Cory Summers | Argonaut

As first-time renters and tenants, there are many things that can be overlooked. Renting isn’t all about paying rent on time or getting back the security deposit—responsibilities, rules and rights in Idaho are crucial to know. There are a few things to consider and look for when leaping into a contractual off-campus agreement. 

Pros and cons when picking the apartment 

Firstly, deciding to live off campus has its pros and cons. 

“For me, the biggest (benefit) was living on campus, they were charging a lot for food plans and everything,” Nicole Hampton, general manager at The Grove, said. “Living on your own, you get what you want when you want, you get to spend however much you want on it … off campus was a little more freedom.”  

Hampton’s advice for living off-campus is to know where money goes. Checking if the lease includes utilities, has air conditioning and paying for electricity and internet rounds up costing more.  

Before finding a place to live, Hampton recommends asking if the complex meets people’s needs. This includes an array of questions including where to do laundry, what entertainment the complex offers, whether there is air conditioning and how far the complex is from school.  

Hampton said for her “AC for the summer months was a must,” and as she was staying for the summer, she wanted to make sure she had something to keep her entertained as well. 

Living between states 

Another decision to make when living off-campus is whether you will live in Moscow or Pullman, and each come with different laws to follow. Greg Rauch, a lawyer at Magyar, Rauch, and Associates, PLLC, said Washington and Idaho have different laws landlords and tenants must follow. In Idaho, these laws are less complicated, and more predictable, making it easier for both landlords and tenants, Rauch said.  

The lease 

One of the mistakes new renters can make is simply not reading what you are getting into.  

“Honestly, a lot of students really just don’t read the lease,” Hampton said.  

Hampton suggested that new renters read everything, especially pricing, so they can get a good grasp of rules they will need to follow and what is covered in the contract. “  

In the lease, there are responsibilities and rights within the “notice provisions” that tenants need to be aware of, associated with things such as building maintenance, Rauch said.  

A lot of the time, these agreements can be missed, and extra responsibilities tenants must do are overlooked.  

“It’s usually the extras tenants don’t see,” Raunch said. 

For an example, buildings with a lawn, in the lease tenants agree to they must mow and take care of the grass. 

Along with building maintenance, when first moving in, remember to  document damages in the building from past renters.  

“I see a lot of contention over  what was there beforehand, what was thereafter,” Rauch said. “I think the landlords also need to do a better job of doing a walkthrough and photographing their units prior renting and out of trouble proving the damage has occurred before after doesn’t encompass the move in/move out. In today’s day and age, to take a quick video of the unit is really easy and can save a lot of hassle, legal fees and small claims actions.”  

If there are damages in the unit, be sure to contact the landlord. According to the Landlord Tenant Laws in Idaho, landlords must maintain the safety and health of the property, and tenants should provide the landlord with a written list of things needing to be fixed. Renters can deliver the written list in person, by mail or with the landlord’s place of business.  

After delivering the written list, landlords have three days to fix the violation, and failure to repair makes the tenant able to sue the landlord to “force compliance.”  

On the other end, though the COVID-19 pandemic is still happening, landlords are still able to evict tenants.  

“You’ve got to comply with some statements,” Rauch said. “Washington rules are different than Idaho rules, and also different than the rules put out by the CDC.” 

Lastly, when move-out day comes, be sure to get written proof of any damages in the unit and that the apartment has been cleaned to receive the security deposit, which may vary depending on damages. 

Emily Pearce can be reached at [email protected] or on Twitter @Emily_A_Pearce 

About the Author

Emily Pearce I'm a psychology and communications major graduating in spring 2022. Read my stories in LIFE, News and Opinion at The Argonaut.

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