Short answer: Idaho landlord repair laws give you a court remedy, not a self-help one. Under Idaho Code § 6-320, you serve a 3-day written notice listing each defect, and if it isn’t cured you can sue for damages and specific performance, with a trial set within 12 days of filing when you ask only for the repair. Withholding rent and repair-and-deduct are not allowed, except for missing smoke detectors.
That fast-track trial is what sets Idaho apart: the statute puts a repair-only case in front of a judge in under two weeks, and § 6-317 lets the court triple your actual damages.
Idaho Landlord Repair Laws: Key Rules
| Rule | Idaho | Statute |
|---|---|---|
| Conditions the landlord must address | Waterproofing and weather protection; working electrical, plumbing, heating, ventilating, cooling and sanitary facilities; no hazardous conditions; smoke detectors | § 6-320(a) |
| Notice before suing | 3 days’ written notice listing each failure, with a demand to cure | § 6-320(d) |
| Trial date (specific performance only) | Within 12 days of filing; service at least 5 days before trial | § 6-320(a) |
| Damages | Court may award three times actual damages | § 6-317 |
| Attorney fees | Prevailing party, except where treble damages are awarded | § 6-324 |
| Repair and deduct | Smoke detectors only, after 72 hours’ certified-mail notice | § 6-320(a)(6) |
| Rent withholding | Not allowed | AG Manual p. 18 |
| Landlord entry notice | No statute; the lease controls | Title 6, ch. 3 |
What Idaho Requires of Your Landlord
Idaho’s statute doesn’t use the phrase “warranty of habitability.” Instead, § 6-320(a) lists the failures you can sue over: no reasonable waterproofing and weather protection; electrical, plumbing, heating, ventilating, cooling or sanitary facilities supplied by the landlord not kept in good working order; keeping the premises in a way that is hazardous to your health or safety; not returning a deposit as the law requires; breaching any lease term, written or implied, that materially affects health and safety; and failing to install approved smoke detectors.
The Attorney General’s Landlord and Tenant Manual (pages 11 to 12) adds that landlords must follow city and county ordinances and state housing laws, and gives examples of likely violations: crumbling walls and ceilings, broken doors or windows, a broken toilet, no hot or cold water, serious leaks, exposed wiring, a heater that doesn’t work, no way to store or remove garbage, insect infestations, and a leaking roof.
Cosmetic problems usually don’t qualify
The key phrase in § 6-320(a)(5) is “materially affecting the health and safety of the tenant.” The Idaho Court Assistance Office’s repair handout uses a broken promise to repaint a bedroom as an example of something this law probably can’t force, because an unpainted room doesn’t threaten your health or safety.
Serving the 3-Day Notice in Idaho
Under § 6-320(d), you have no standing to sue until you give the landlord three days’ written notice that lists each failure your case will rely on and demands that the landlord perform or cure. Anything you leave off the list can’t anchor the lawsuit, so walk the unit and write down every defect.
The AG manual (page 12) lists three delivery methods: in person, by certified mail, or by leaving it with an employee at the landlord’s usual place of business. The court handout suggests bringing a witness if you hand-deliver, or using certified mail with a return receipt so you can prove the delivery date. Idaho sets the same 3-day period whether the problem is a dead furnace or a leaking window; there is no separate emergency timeline. The repair request letter generator can format the list.
Your Remedies When the Landlord Doesn’t Cure
A fast specific-performance lawsuit
If any listed problem isn’t fixed within three days after service, you can file. When the case asks only for specific performance, meaning an order to make the repair, § 6-320(a) requires the court to schedule trial within 12 days of filing, and the landlord must be served at least 5 days before trial. Your complaint must state the facts, describe the premises and explain the circumstances of the failure (§ 6-320(b)).
Damages, including triple damages
If you add a damages claim, the 12-day setting no longer applies and the case proceeds on the normal schedule. In exchange, § 6-317 lets the court enter judgment for three times actual damages in an action under § 6-320. Separately, § 6-324 awards attorney fees to the prevailing party in actions under the chapter, except where treble damages are awarded. The court handout notes you can also file in small claims court, where neither side has a lawyer.
What Idaho does not allow
The AG manual (page 18) states that Idaho law generally doesn’t let tenants withhold rent over unsafe conditions or make repairs and seek reimbursement. Stopping rent payments exposes you to the 3-day nonpayment notice referenced in § 6-324 and § 6-303. Code enforcement is a parallel option where your city has a housing code, but the AG’s office itself cannot help with repair disputes.
The smoke detector exception
Under § 6-320(a)(6), the landlord must verify at the start of the tenancy that smoke detectors are installed and working. If they aren’t, you may send notice by certified mail, return receipt requested, saying you will install them if working detectors aren’t in place within 72 hours of receipt. If the landlord doesn’t act, you may install them and deduct the cost from next month’s rent. The detectors then belong to the landlord and must stay. After move-in, keeping them working is your job.
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Heat, Utilities and Mold
- Heat and plumbing: failure to maintain landlord-supplied heating, plumbing and sanitary facilities is a listed ground for suit in § 6-320(a)(2).
- Utility shutoffs: the AG manual says a tenant whose service was cut because of the landlord should give written notice demanding immediate restoration, and may ask the utility about putting service in the tenant’s own name. It also notes the Public Utilities Commission’s winter rule barring shutoff of gas or electric heat in December, January and February for nonpaying customers with children, elderly or ill people at home.
- Mold: the manual (page 16) states that no Idaho agency regulates mold inspection or removal in rentals. Report leaks and recurring mold promptly in writing, then rely on § 6-320(a)(3) if the condition becomes hazardous.
- Pests: the manual lists insect infestations among conditions that may violate housing standards.
Damage You or Your Guests Cause
The court handout explains that this law doesn’t cover defects you, your family or your guests caused, or repairs you agreed to do in your lease. The AG manual (page 13) lists typical tenant responsibilities: keep the unit clean and sanitary, dispose of garbage properly, use appliances and plumbing properly, keep visitors from damaging the property, and follow the landlord’s rules. A landlord can give you a 3-day notice to fix damage you caused, and failure to remedy it can lead to eviction.
Retaliation in Idaho
The AG manual (page 25) says landlords may not evict a tenant for requesting repairs or joining a tenants’ association. But Title 6, chapter 3 contains no retaliation section and no presumption period, and the manual cites no statute for that rule. The detailed retaliation statute, § 55-2015, protects residents of manufactured home communities. Apartment and house renters should keep careful records linking any notice from the landlord to the timing of their repair request. Read our landlord retaliation overview for evidence tips.
Worked Example: Tyler in Pocatello
Tyler rents a duplex unit for $1,200 a month. On Monday, November 2, 2026, the landlord-supplied furnace stops working. He hands his landlord a written list naming the furnace and a leaking bathroom window, with a demand to fix both. After three days pass with no repair, he has standing under § 6-320(d) to file.
On Monday, November 9, Tyler files a complaint asking only for specific performance. The court must set trial within 12 days, so by November 21, and serve the landlord at least 5 days ahead. If Tyler wins, the judge orders the repairs, and under § 6-324 Tyler can recover his attorney fees. Through all of it, Tyler keeps paying his $1,200 rent.
Outline for an Idaho Repair Notice
- Your name, the rental address and the date of delivery.
- A numbered list of every defect, tied to the § 6-320(a) categories.
- A written demand that the landlord perform or cure within 3 days.
- A statement that you may sue for damages and specific performance under § 6-320.
- How you delivered it: in person with a witness, certified mail or to the landlord’s employee.
Frequently Asked Questions
Can I fix the problem myself and subtract it from rent in Idaho?
Only for smoke detectors under § 6-320(a)(6). For anything else, the AG manual says Idaho law doesn’t allow repair-and-reimbursement, so the remedy is the 3-day notice and a lawsuit.
How fast can an Idaho court order my landlord to make repairs?
If you ask only for specific performance, § 6-320(a) requires trial within 12 days of filing. Adding a damages claim removes that early setting.
Does my Idaho landlord have to give notice before coming in to fix things?
No Idaho statute sets an entry notice period for residential rentals, so your lease governs access. Agree on repair times in writing to avoid disputes.
Can I get triple damages?
Section 6-317 lets the court enter judgment for three times actual damages in a § 6-320 action. If treble damages are awarded, § 6-324 attorney fees are not.
Does Idaho law cover mold?
No statute names mold, and the AG says no state agency regulates it in rentals. Severe mold that endangers health can fall under the hazardous-condition ground in § 6-320(a)(3).
What to Do Now
Draft your itemized 3-day notice tonight and deliver it in a way you can prove. This article is general information, not legal advice. The Idaho Court Assistance Office has filing forms, and LSC’s legal help finder lists Idaho legal aid. For court basics, see how to sue your landlord in small claims; compare states on the repairs and habitability hub; and before moving out, read the Idaho security deposit law guide.