Idaho Renters’ Rights in Short-Term Vacation Rentals
If you’re renting a short-term vacation property in Idaho, knowing your tenant rights is essential. While short-term vacation rentals—like those found on Airbnb or VRBO—offer flexibility, they also have different rules compared to long-term leases. This guide explains Idaho law and what you need to know to protect yourself as a short-term renter.
What is Considered a Short-Term Vacation Rental in Idaho?
In Idaho, a "short-term vacation rental" typically refers to rentals lasting less than 30 consecutive days. The rules for your stay may depend on your rental agreement and how long you stay at the property. Short-term rentals are not always covered by the same laws that apply to traditional landlord-tenant relationships.
Which Laws and Agencies Govern Short-Term Rentals?
Idaho’s primary rental law is the Idaho Residential Landlord and Tenant Act. However, this law generally applies to tenancies of more than 30 days. For stays under 30 days, most tenant-landlord protections do not apply, but local city ordinances or county rules might provide other rights or responsibilities. If you’re unsure, contacting your local city or county housing office is recommended.
- The main body that handles landlord-tenant disputes in Idaho is typically your local county court (magistrate court).
- For health and safety issues, city or county code enforcement offices can assist.
Your Key Rights and Responsibilities in Short-Term Rentals
If you rent a property for less than 30 days, most Idaho tenant protections (such as security deposit limits or formal eviction process rules) may not apply. However, you still have some basic rights:
- Health and Safety: The property must meet basic safety codes—like working smoke detectors, safe exits, and running water.
- Right to Privacy: The owner or host should give reasonable notice before entering, unless it’s an emergency.
- Anti-Discrimination: Idaho law and federal law prohibit discrimination based on race, color, religion, sex, national origin, disability, or familial status—even in short stays.
For stays over 30 days, you gain additional rights under the Residential Landlord and Tenant Act, including formal notice for eviction and defined procedures for security deposits.
Eviction and Security Deposits
Short-term renters (like weekend guests) generally do not have the same eviction protections as long-term tenants. The property owner can ask you to leave at the end of your booking period. However, if you have paid a security deposit and there is a dispute (such as damages or refunds), you may seek help in small claims court or through your local court system.
Common Forms Used by Idaho Renters
- Complaint Form (for Safety or Health Violations): If your short-term rental has unsafe conditions, you can use the standard Code Enforcement Complaint Form (example: Boise City). Use this if the property poses health or safety risks. For example, if you discover exposed wiring or no working smoke detector, file this form with your local code office.
- Small Claims Court Forms: If you need to recover a security deposit, Idaho’s courts provide Small Claims Court Forms. Use these if you believe you are owed money after your stay—such as an unreturned security deposit. File with your local county magistrate court.
What To Do If There’s a Problem During Your Stay
If you experience issues like hazard conditions, discrimination, or problems recovering your deposit, follow these steps:
- Contact the property owner/manager first in writing (text/email) to document your complaint.
- If unresolved and unsafe, submit a safety complaint to your city or county code enforcement office.
- For financial disputes, consider small claims court through your magistrate court.
- If you face discrimination, contact the Idaho Human Rights Commission.
If you’re a renter planning to stay over 30 days, be sure to request a written lease. This ensures you receive full protections under Idaho law.
FAQ: Short-Term Vacation Rental Rights in Idaho
- Do Idaho's normal tenant rights apply to Airbnb or VRBO stays?
Most legal protections in Idaho only apply if you rent for more than 30 consecutive days. Short-term guests do not get the same eviction or deposit rules as long-term tenants. - Can a host remove me from a short-term rental without notice?
For rentals under 30 days, hosts may ask you to leave at the end of your reserved period without formal notice. However, discrimination or unsafe removals are not allowed under state and federal law. - What can I do if my short-term rental is unsafe?
Report the issue to the property owner and file a complaint with your local city or county code enforcement office if it poses a safety hazard. - How do I recover a security deposit from a short-term rental?
If you are not refunded as promised, collect evidence and file a claim with your county's magistrate small claims court. - Where do I file a complaint against my host in Idaho?
File health and safety complaints with local code enforcement; for discrimination, contact the Idaho Human Rights Commission.
Key Takeaways for Idaho Short-Term Renters
- Stays under 30 days are not covered by Idaho’s main tenant law, but basic safety and anti-discrimination rules do apply.
- For problems with safety, deposits, or discrimination, helpful resources include magistrate courts and local code enforcement offices.
- Always request written terms for stays over 30 days to ensure greater tenant rights and protections.
Need Help? Resources for Renters
- Idaho Courts (Find Your Magistrate Court) – File legal complaints or small claims.
- Idaho Human Rights Commission – Report housing discrimination.
- City of Boise Code Enforcement Complaint Form – For Boise renters to report health or safety code issues.
- Idaho Residential Landlord and Tenant Act – See full tenancy law text.
- Idaho Court Assistance and Self-Help – Step-by-step help with filing claims or accessing legal forms.
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