Idaho: Late Rent Fee Limits
The short answer
Idaho permits a residential late fee only if it is reasonable; state law sets no dollar or percentage ceiling and no fee grace period. For rental agreements entered into or renewed on or after July 1, 2023, an owner may not charge more than the amount agreed to or add a fee omitted from a written agreement without thirty days' written notice. The statute states no special refund, damages multiplier, or attorney-fee remedy for a violation.
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This is the general rule in Idaho. Ezel applies current Idaho law to your specific facts and answers with citations to the statutes.
| Governing law | Idaho Code § 55-305 — all residential-tenant fees, including late-rent fees, must be reasonable; applies to agreements entered or renewed on or after July 1, 2023 |
|---|---|
| Maximum late fee | Reasonable amount; no numeric dollar or percentage ceiling (§ 55-305(1)) |
| Grace period | None stated for a late fee. Idaho Code § 6-303(2)'s 3-day written notice governs eviction for unpaid rent, not when a fee may attach |
| Lease or notice requirement | May not exceed the agreed amount. A fee omitted from a written agreement requires 30 days' written notice; an oral agreement is excepted from that notice route (§ 55-305(2)) |
| One-time or recurring | No one-time, daily, or compounding rule; every fee imposed must remain reasonable |
| Calculated on | No statutory base; § 55-305 does not specify full rent, unpaid rent, or a flat-amount formula |
| Related fees & carve-outs | The same rule covers any fee, fine, assessment, interest, or other cost. Local governments generally may not regulate residential rent, fees, or deposits (§ 55-306). Section 55-2304's $20-or-20% safe harbor is self-storage only |
| If the fee is unlawful | Section 55-305 says an owner may not charge a prohibited fee but states no refund, damages multiplier, attorney-fee award, or enforcement procedure |
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The fee must be reasonable
Idaho Code § 55-305(1) says that "any fees imposed on a residential tenant,
including fees for the late payment of rent, shall be reasonable." That is the
statewide cap. The statute supplies no dollar amount, percentage, safe harbor,
or formula for deciding what is reasonable.
The section applies to rental agreements entered into or renewed on or after
July 1, 2023. It distinguishes rent from fees: subsection (4) says the section
does not limit the amount charged for rent, while subsection (1) expressly
subjects residential fees to reasonableness.
The agreement and notice rules
Section 55-305(2) bars an owner from charging more than the fee amount agreed
to in the rental agreement. It also bars a fee that is not included in the
agreement, with two exceptions: the agreement is oral, or the agreement is
written and the owner gives thirty days' written notice changing the fee or
other cost.
The thirty-day period is a notice rule for changing a charge under a written
agreement. It is not a grace period after rent is due. The statute states no
number of fee-free days and does not prescribe whether a fee must be flat,
percentage-based, one-time, daily, or measured against the unpaid balance.
What trips people up
The three-day eviction notice is a different clock. Idaho Code
§ 6-303(2) requires three days' written notice demanding unpaid rent or
possession before an unlawful-detainer case based on nonpayment. It does not
say a late fee must wait three days, and it does not convert the eviction
notice into a late-fee disclosure.
The current fee section is § 55-305. A 2025 reorganization moved the rule
from former § 55-314 to § 55-305 effective July 1, 2025. Current § 55-307 is
about a tenant's removal of fixtures, not rent demands or late fees.
The $20-or-20% figure is for self-storage. Idaho Code § 55-2304(7) gives a
reasonableness safe harbor to an operator of a self-service storage facility.
It does not set the fee for a house or apartment.
Local fee regulation is generally preempted. Section 55-306 bars a local
government from regulating rent, fees, or deposits charged for leasing private
residential property. It preserves a local government's control over housing
in which that government itself has a property interest.
Common questions
What percentage of rent is allowed? Idaho states no percentage. Every
residential late fee must be reasonable under § 55-305(1).
Can a landlord add a fee that is not in a written lease? Only after giving
the tenant thirty days' written notice of the change. An oral rental agreement
is expressly excepted from that particular requirement, but every fee still
must be reasonable. Where the parties agreed on an amount, subsection (2)(a)
separately bars a greater charge.
Can a late fee repeat every day? Section 55-305 does not specify one-time,
daily, or monthly accrual. Whatever structure is imposed remains subject to
the agreement limits and the reasonableness requirement.
What remedy does the statute provide? Section 55-305 says the owner may
not charge a prohibited amount or omitted fee, but it does not state an
automatic refund, damages multiplier, attorney-fee award, or special complaint
process.
Statutes and sources
- Idaho Code § 55-305 — reasonableness, agreement, notice, and coverage.
Any fees imposed on a residential tenant, including fees for the late
payment of rent, shall be reasonable. ... An owner may not charge ... [i]n
an amount greater than that agreed upon in the rental agreement; or ...
[t]hat is not included in the rental agreement, unless ... [t]he rental
agreement is an oral agreement; or ... the owner provides the tenant a
written thirty (30) day notice of the change ...
Official source: https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch3/sect55-305/ (accessed 2026-07-20)
- Idaho Code § 6-303(2) — three-day nonpayment notice for unlawful
detainer, not fee timing.
after default in the payment of rent ... and three (3) days' notice, in
writing, requiring its payment, stating the amount which is due, or
possession of the property, shall have been served upon him ...
Official source: https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-20)
- Idaho Code § 55-306 — general preemption of local regulation of private
residential rent, fees, and deposits.
A local governmental unit shall not enact, maintain, or enforce an
ordinance or resolution ... that would otherwise regulate rent, fees, or
deposits charged for leasing private residential property.
Official source: https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch3/sect55-306/ (accessed 2026-07-20)
- Idaho Code § 55-2304(2), (7) — separate self-storage agreement and fee
safe harbor.
A reasonable late fee may be imposed and collected by an operator for each
period that a lessee does not pay rent, fees, or other charges when due ...
A late fee of twenty dollars ($20.00) or twenty percent (20%) of the monthly
rent, whichever is greater, is a reasonable fee ...
Official source: https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch23/sect55-2304/ (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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