Idaho § 55-2007 - Required rental agreement provisions and exclusions - Disclosures

§ 55-2007. Required rental agreement provisions and exclusions - Disclosures

(1) Any rental agreement executed between the landlord and resident shall contain:

(a) The terms for the payment of rent, including the time and place for payment, and a description of any other charges to be paid to the landlord by the resident. Other charges that occur less frequently than monthly shall be itemized in a billing to the resident;

(b) A description of the utilities and services which are included in the monthly rent;

(c) The rules of the community;

(d) The names and addresses of the manager of the community and the owner of the community or a person who resides in the state who is authorized to act as agent for the owner; and

(e) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the resident as a deposit or as security for performance of the resident’s obligations in a rental agreement.

(2) Any rental agreement executed between the landlord and resident shall not contain:

(a) Any provision by which the resident agrees to waive or forgo rights or remedies under this chapter;

(b) Any provision allowing the landlord to charge an "entrance fee" or an "exit fee." The expense of repairs or maintenance required by the landlord as a condition of the landlord’s approval of a rental application shall not constitute an "entrance fee" or "exit fee" as those terms are used herein; or

(c) Any provision which unreasonably restricts access to the community by invitees of the resident.

(3) The following terms and conditions shall be an implicit part of any rental agreement between the landlord and resident:

(a) The landlord shall provide a base upon which the home is to be located and, in the case of a mobile or manufactured home, the base shall be prepared in accordance with the provisions of section 44-2201 , Idaho Code.

(b) The landlord shall, prior to removal of the wheels and axles, approve the positioning of the home upon the lot.

(c) The landlord shall not permit any portion of the home, including the tongue, to extend into a roadway.

(d) The landlord shall maintain street lights, entry lights and common area lighting, if any, in good working condition.

(e) The landlord shall have the right of entry upon the lot for maintenance of utilities, protection of the community and periodic inspection of the premises, but shall not, except in the case of emergency or suspected abandonment by the resident, otherwise have the right of entry to such lot without the consent of the resident.

(f) The landlord shall notify each resident within fifteen (15) days after a petition has been filed by the landlord for a change in the zoning of the land upon which the community is situated.

(4) Upon request, the landlord shall, prior to the execution of a rental agreement, provide the resident with a written statement containing the following information:

(a) The name, address and telephone number of the owner or manager of the community.

(b) A general description of the types of homes which may be brought into the community.

(c) A general description of the boundaries of the lot to be provided.

(d) A description of the utilities and services which are included in the rent.

(e) A description of other utilities and services which are available within the community.

(f) A description of the zoning under which the community operates, and the governmental entity having zoning jurisdiction.

(g) The date and amount of the most recent rent increase.

[55-2007, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 5, p. 371; am. 1993, ch. 380, sec. 2, p. 1395; am. 2011, ch. 184, sec. 7, p. 526; am. 2017, ch. 134, sec. 12, p. 322.]