Idaho Renters: Your Rights and Risks with Airbnb Sublets

Listing your rented apartment or room on Airbnb may seem like an easy way to earn extra income. However, Idaho law places specific rules on subletting and short-term rentals, aiming to protect both renters and property owners. If you’re a renter in Idaho considering Airbnb or another short-term rental platform, it’s vital to understand what’s legally allowed—and what could put your lease or housing at risk.

What Is Subletting and Short-Term Renting?

Subletting means renting out all or part of your rental unit to another person, usually for a shorter period. Short-term renting—such as listing on Airbnb or Vrbo—typically involves stays of less than 30 days and is considered a sublet under Idaho law.
Whether you’re offering your space for a weekend or a few months, these arrangements fall under both your lease rules and state rental laws.

Your Lease: The First Place to Check

Before considering any sublet or short-term rental, read your lease agreement carefully. Idaho does not require landlords to allow subletting or Airbnb rentals. Most standard leases either:

• Prohibit subleasing entirely
• Require written landlord consent before you sublet any part of the rental

If you list your unit on Airbnb without your landlord’s approval and subletting isn’t allowed, you could be evicted for violating your lease.

Idaho Short-Term Rental Laws for Renters

Idaho state law doesn’t specifically ban short-term rentals or Airbnb. However, it does give landlords the power to set their own rules through lease agreements. Important points include:

• Written Consent: You generally must get your landlord’s written permission to sublet or offer your place on Airbnb.
• Local Restrictions: Cities and counties in Idaho may have additional zoning, permit, or business license rules for short-term rentals. Always check with your local city or county government, such as Boise Short-Term Rentals.
• Eviction Risk: Renting your place as an Airbnb despite a no-sublet clause could be treated as a lease violation under the Idaho Landlord and Tenant Act¹.

It’s important to note that under statewide law, cities in Idaho generally cannot completely ban short-term rentals. But landlords can refuse to allow them in their properties.

Required Forms and How to Use Them

The main form relevant for Idaho renters is the landlord consent/permission request for subletting:

• Sample Sublease Request Letter (no official state number):
  Use this letter to formally ask your landlord for written consent before subletting or listing on Airbnb. Include your intended subtenant’s information, the dates, and purpose (i.e., short-term rental).
  Example: “I am requesting your written permission to sublet my apartment at [Address] from [Start Date] to [End Date] as a short-term rental.”
  While Idaho does not provide a downloadable government form, you can find guidance and official contact information from the Idaho Attorney General’s Office – Housing Resources.

Always keep a copy for your records and get a written response from your landlord.

Enforcement and Where to Get Help

Idaho does not have a specific landlord-tenant tribunal. Most rental disputes—including those about subletting or eviction—are handled by your local court (Small Claims Court or District Court). For general help and landlord-tenant questions, consult the Idaho Attorney General’s Consumer Protection Division: Housing.

Potential Risks If You Ignore the Law

Here’s what can happen if you sublet or list on Airbnb without permission in Idaho:

• Breach of Lease: If your lease forbids subletting, you may face eviction proceedings under Idaho Code § 6-303.
• Loss of Deposit: Violating your lease may result in some or all of your security deposit being withheld.
• Legal Action: You may be sued for any damages resulting from unauthorized guests.

What to Do If You Need to Sublet

The best approach is to communicate openly and honestly with your landlord. Follow these action steps if you’re hoping to list your unit on Airbnb:

• Carefully read your lease for any subletting or occupancy rules
• Contact your landlord in writing, requesting permission
• Wait for a written response or approval
• If denied, do not proceed with the listing—violation can lead to eviction

If your landlord refuses, you have the option to negotiate, but you are not guaranteed the right to sublet in Idaho.

FAQ

1. Can my landlord in Idaho refuse to let me list my rental on Airbnb?
   Yes. In Idaho, landlords can prohibit sublets or short-term Airbnb-type rentals in the lease agreement. Always check your lease first.
2. If my lease doesn’t mention subletting, is Airbnb allowed?
   No. If your lease is silent, you should still get your landlord’s written approval before subletting or offering short-term stays to avoid breaching the lease.
3. What if I get caught hosting on Airbnb without consent?
   Your landlord may issue an eviction notice for breach of lease. You risk losing your home and possibly your security deposit.
4. Are there official forms for asking landlord permission in Idaho?
   No. Idaho does not provide a standard government form, but you should always submit a written request to your landlord and keep a copy.
5. Where can I get help with a dispute about Airbnb sublets?
   The Idaho Attorney General’s Office offers information. Legal disputes are handled by local courts. See resources below for help links.

Conclusion: The Bottom Line on Short-Term Rentals in Idaho

• Idaho law does not guarantee renters the right to sublet or offer Airbnb-type rentals—landlord approval is usually required.
• Violating your lease’s rules on subletting or Airbnb can lead to eviction or loss of your security deposit.
• Always get written consent and review local city regulations before hosting short-term guests.

Taking the right steps can help you avoid unexpected eviction or legal action. Stay informed, play by the rules, and know your rights as an Idaho renter.

Need Help? Resources for Renters

• Idaho Attorney General’s Office – Housing Resources: Information on tenants’ and landlords’ rights, downloadable guides, and complaint forms.
• Idaho Courts: Legal Forms & Small Claims: Guidance and forms, including responding to eviction or lease disputes.
• Boise City Short-Term Rental Regulations: Local permitting and zoning requirements for Airbnb and similar rentals.
• Local legal aid: Check the Idaho State Bar's Idaho Volunteer Lawyers Program for free/low-cost renter assistance.

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1. Idaho Landlord and Tenant Act (Idaho Code, Title 6, Chapter 3). Covers rental agreements, eviction, and tenant responsibilities.
2. Idaho Attorney General’s Office – Housing Resources. Tenant/sublet information and official guidance.
3. Idaho Courts – Self-Help Center. Legal resources for rental and eviction issues.

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