Late Rent Fee Limits in Idaho

At a glance

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)