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The Landlord - Tenant Relationship
The leasing of real estate by a property owner to a tenant is commonplace, and this activity plays a vital role in Idaho’s economy. There are a variety of leases: month-to-month; multi-year; full service; triple net; and those with renewal terms or purchase options. The most effective leases are written. However, verbal leases can also be enforceable. A tenancy or leasehold estate is a recognized and protected property right in Idaho. The relationship between landlord and tenant is contractual. Both the landlord and the tenant have rights, and they each have obligations. For example:
- The tenant has the right to use, occupy and enjoy the premises for its intended purpose.
- The tenant has the right to be in a safe and habitable premises.
- The landlord has the right to receive the full amount of rent timely.
- The landlord has the right to evict the tenant for failure to pay rent and other grounds.
- The landlord has the right to the premises upon expiration of the lease.
- Except in extraordinary circumstances, the tenant has a duty to timely pay the full rent.
- The tenant has a responsibility to respect the premises and act reasonably while using it.
- The tenant has a responsibility to comply with the terms of the lease.
- The landlord has duty to maintain a safe and habitable premises.
- The landlord has a duty to account for any security deposit.
- The landlord has an obligation to comply with the terms of the lease.
There are many other rights and responsibilities provided within the Idaho statutes and lease agreement contracts. At Dean Law, we have negotiated and drafted hundreds of commercial and residential real property leases for both landlords and tenants. With our experience and resources, we can help you create a clear, thorough, and thoughtful lease agreement. The goal of a quality lease agreement is to help avoid disputes arising during the lease term, ideally. However, if a default or conflict arises, Dean Law is prepared to help you enforce your legal rights.