Idaho tenant screening laws

No Idaho statute sets a limit on application or screening fees. Idaho Code 55-305 requires fees imposed on a residential tenant to be reasonable and limits fees the rental agreement does not include; it does not say whether it reaches a fee charged to an applicant before any rental agreement exists (Idaho Code § 55-305; Idaho Code title 6, ch. 3).

• Cities and counties may not regulate the fees charged for leasing private residential property (Idaho Code § 55-306).See Rent control and local rules on the Idaho page
• Application forms and screening questions may not indicate a limitation or discrimination based on a protected class (Idaho Code § 67-5909(8)(f)).See Fair housing on the Idaho page
• Check an eviction case's current disposition and public-record status when reviewing rental history. For cases filed on or after January 1, 2025, section 6-303A provides shielding without a petition when the entire case was dismissed, no appeal is pending, and either three years have passed since filing or the parties filed a stipulation to shield. A filed case is not the same as a judgment against the applicant (Idaho Code 6-303A(1)).See Eviction process on the Idaho page
• Shielding removes records from public viewing subject to Supreme Court rules and the court system's capabilities. Court staff and parties to the case retain access, and a party may separately petition for sealing under court rules. Verify the relevant status rather than assuming the record has been erased or that every screening report is current (Idaho Code 6-303A(2) to (5)).

Idaho's Human Rights Act makes it unlawful to discriminate in renting because of race, color, religion, sex, national origin or disability. That covers refusing to rent or negotiate, setting different terms, saying a unit is unavailable when it is not, and ads or application forms that show a preference (Idaho Code § 67-5909(8); Idaho Code § 67-5902).

• The disability rule also protects people without a disability who are associated with a person who has one (Idaho Code § 67-5909).
• You must allow a disabled tenant to make reasonable modifications at the tenant's expense. Where reasonable, you may require the tenant to restore the premises at move-out, reasonable wear and tear excepted, and that term must be in the lease (Idaho Code § 67-5909(8)(h)).
• The rental rules do not apply to a building with housing for no more than two families when you or a family member live in one of them, or to renting rooms in a home where you or a family member live (Idaho Code § 67-5910(7)).