Idaho · Breaking a Lease

Breaking a Lease Early in Idaho: What Are My Options?

Get legal help early.

Breaking a lease early is legally complicated. If you are in danger, leave and get safe first. Otherwise, talk to legal aid as soon as you can, before you move out or stop paying rent.

Think before you call an inspector.

You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

This page covers ending a lease early in Idaho and what you may owe if you do. It also covers moving out and getting your deposit back.

If you leave without a legal reason

  1. If you leave without proper notice, your landlord can use your security deposit for the landlord's actual costs of renting the home to someone else.

When you can leave early

  1. You or your landlord can end a month-to-month rental (a rental that renews each month). Send the other a written notice at least a month before the end date, unless your landlord agrees to something else.

    Tip.

    Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

    Tip.

    Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

How to leave

  1. Join the move-out inspection after you finish cleaning. You and your landlord should both record what you find, in writing and with video or photos. Joining lets you see for yourself any damage you must pay to repair.

After you move out

  1. Your landlord must give back your security deposit within 21 days, unless you and your landlord agreed on another time. It is due within 30 days at most after you give back the home. If you get back less than your full deposit, a signed list must come with it. It must show each amount your landlord was allowed to keep, why, and what was spent from the deposit.

    Tip.

    Before you leave, clean the home and take photos of how you left it.

  2. If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

  3. Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.