RESIDENTIAL LEASE AGREEMENT

(State of Idaho)

[// GUIDANCE: This template is drafted to comply with Idaho landlord-tenant law and incorporates defensive provisions to minimize client exposure. Bracketed text (e.g., [LANDLORD LEGAL NAME]) indicates items that must be customized before use. Remove all guidance comments prior to final execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Premises, Term & Possession
   3.2 Rent & Other Charges
   3.3 Security Deposit
   3.4 Utilities & Services
   3.5 Condition & Habitability
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

RESIDENTIAL LEASE AGREEMENT (this “Lease”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE OF FORMATION] (“Landlord”), and [TENANT LEGAL NAME], [INDIVIDUAL / ENTITY TYPE] (“Tenant”) (each, a “Party,” and together, the “Parties”).

Recitals

A. Landlord is the fee owner of that certain residential real property and improvements commonly known as [PREMISES STREET ADDRESS, CITY, COUNTY, ID ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, upon the terms, covenants, and conditions set forth herein and for valuable consideration, the sufficiency of which is acknowledged.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Lease, the following capitalized terms have the meanings set forth below. Defined terms include the singular and plural and will apply equally to any gender.

“Applicable Law” means all federal, state, county, and local statutes, regulations, codes, ordinances, and judicial or administrative orders in effect and applicable to the Premises, including, without limitation, Idaho Code Title 6, Chapter 3, and any amendments thereto.

“Business Day” means any day other than Saturday, Sunday, or an Idaho state or U.S. federal holiday.

“Default Rate” means the lesser of (i) [DEFAULT INTEREST RATE]% per annum, compounded monthly, or (ii) the maximum non-usurious rate permitted under Applicable Law.

“Lease Term” has the meaning given in Section 3.1.

“Rent” means the Monthly Base Rent plus any Additional Rent, collectively.

“Security Deposit” has the meaning set forth in Section 3.3.

[// GUIDANCE: Add additional defined terms as needed for pets, parking, storage, etc.]

3. OPERATIVE PROVISIONS

3.1 Premises, Term & Possession

3.1.1 Lease of Premises. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for residential purposes only.
3.1.2 Lease Term. The term of this Lease (the “Lease Term”) shall commence on [COMMENCEMENT DATE] (“Commencement Date”) and end on [EXPIRATION DATE], unless sooner terminated pursuant to this Lease or Applicable Law.
3.1.3 Delivery of Possession. Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in habitable condition as required by Applicable Law.

3.2 Rent & Other Charges

3.2.1 Monthly Base Rent. Tenant shall pay to Landlord monthly base rent in the amount of $[MONTHLY RENT] (“Monthly Base Rent”), due in advance on or before the first (1st) day of each calendar month during the Lease Term.
3.2.2 Additional Rent. All monies (other than Monthly Base Rent) payable by Tenant under this Lease, including late charges, utilities, maintenance reimbursements, and any other sums, constitute “Additional Rent.”
3.2.3 Payment Method. Rent shall be paid via [PAYMENT METHOD—e.g., ACH transfer, certified check] to [PAYEE DETAILS] or as otherwise directed in writing by Landlord.
3.2.4 Late Charges & Interest. If any Rent is not received by Landlord within [GRACE PERIOD] days after due, Tenant shall pay (i) a late fee equal to [LATE FEE AMOUNT OR %], and (ii) interest on the overdue amount at the Default Rate.

3.3 Security Deposit

3.3.1 Amount & Purpose. Upon execution of this Lease, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] as a security deposit (the “Security Deposit”) to secure Tenant’s faithful performance of its obligations.
3.3.2 Statutory Compliance. The Security Deposit will be held, applied, and returned in conformity with Idaho Code § 6-321. Within 21 days after Tenant surrenders possession (or up to 30 days if this Lease so provides), Landlord shall furnish a written itemization and refund any remaining balance, less lawful deductions.
3.3.3 No Interest. Unless otherwise required by Applicable Law, the Security Deposit shall bear no interest for the benefit of Tenant.
3.3.4 Increase. Landlord may increase the Security Deposit upon [NUMBER] days’ prior written notice in connection with any lawful rent increase or material change in occupancy (e.g., addition of a pet or occupant).

3.4 Utilities & Services

Tenant shall be responsible for and shall timely pay all charges for [LIST UTILITIES—e.g., electricity, gas, internet] serving the Premises, except [UTILITIES PAID BY LANDLORD]. Failure to maintain utility service constitutes a material breach.

3.5 Condition & Habitability

3.5.1 Condition. Tenant acknowledges that Tenant has inspected the Premises or had the opportunity to do so. Landlord warrants that, as of the Commencement Date, the Premises is in a condition that satisfies habitability standards imposed by Applicable Law, including adequate waterproofing, heating, plumbing, and sanitary facilities.
3.5.2 Maintenance by Landlord. Landlord shall maintain the structural components and major systems of the Premises in a safe, sanitary, and operable condition, subject to reasonable wear and tear.
3.5.3 Maintenance by Tenant. Tenant, at Tenant’s expense, shall (i) keep the Premises clean and sanitary; (ii) promptly notify Landlord of any condition requiring repair; and (iii) be liable for any damage caused by Tenant, permitted occupants, guests, or pets, excluding ordinary wear and tear.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents and warrants that:
(a) it has full power and authority to execute and perform this Lease;
(b) this Lease constitutes a valid and binding obligation enforceable against such Party; and
(c) execution of this Lease does not violate any other agreement or court order binding on such Party.

4.2 Landlord’s Additional Representations. Landlord further represents that:
(a) Landlord holds legal title to the Premises and has the right to lease it;
(b) to Landlord’s knowledge, the Premises is free from hazardous substances in violation of Applicable Law; and
(c) Landlord is not delinquent in payment of property taxes or assessments.

4.3 Survival. All representations and warranties survive the delivery of possession and any termination or expiration of this Lease.

5. COVENANTS & RESTRICTIONS

5.1 Use. The Premises shall be used solely as a private residence for [MAXIMUM OCCUPANTS] lawful occupants and for no other purpose without Landlord’s prior written consent.

5.2 Compliance with Law. Tenant shall comply with all Applicable Law and any homeowners’ association rules affecting the Premises, copies of which have been provided to Tenant.

5.3 Alterations. Tenant shall not make any alterations, improvements, or additions to the Premises without Landlord’s prior written consent, which may be conditioned upon restoration or increased Security Deposit.

5.4 Pets. [SELECT ONE: “No pets are permitted.” / “Pets are permitted subject to the Pet Addendum attached as Exhibit A.”]

5.5 Quiet Enjoyment. So long as Tenant is not in default, Tenant shall peaceably and quietly enjoy the Premises without interference from Landlord or persons claiming through Landlord.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes an “Event of Default”:
(a) failure to pay Rent within [NOTICE PERIOD FOR RENT DEFAULT] days after written notice;
(b) breach of any non-monetary covenant not cured within [NON-MONETARY CURE PERIOD] days after notice;
(c) abandonment or unlawful use of the Premises; or
(d) false statements in Tenant’s lease application.

6.2 Landlord Remedies. Upon an Event of Default, Landlord may, subject to Idaho Code § 6-303 et seq.:
(i) terminate this Lease by written notice;
(ii) demand and recover possession via expedited unlawful detainer proceedings;
(iii) accelerate and recover all Rent due or to become due for the remainder of the Lease Term, discounted to present value;
(iv) apply the Security Deposit toward any sums due; and
(v) recover attorneys’ fees and court costs.

6.3 Tenant Remedies. If Landlord materially fails to perform and such failure renders the Premises uninhabitable, Tenant’s remedies are limited to those expressly provided under Applicable Law, including potential rent abatement or termination.

6.4 Mitigation. Landlord will take reasonable steps to mitigate damages following Tenant’s surrender or abandonment, as required by law.

7. RISK ALLOCATION

7.1 Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any claim, loss, or liability (including reasonable attorneys’ fees) arising out of (i) Tenant’s use or occupancy of the Premises, or (ii) any act or omission of Tenant or Tenant’s invitees, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability. Except for Landlord’s willful misconduct, gross negligence, or liability that cannot be waived as a matter of law, Landlord’s aggregate liability to Tenant under this Lease is limited to the amount of the Security Deposit.

7.3 Insurance.
(a) Tenant shall maintain renter’s liability insurance with limits of not less than $[MINIMUM LIMIT] per occurrence, naming Landlord as an additional insured.
(b) Landlord shall maintain property insurance on the Premises’ structure. Tenant acknowledges that Landlord’s insurance does not cover Tenant’s personal property.

7.4 Force Majeure. Neither Party shall be liable for delay or failure in performance caused by acts of God, governmental action, or other events beyond such Party’s reasonable control, excluding financial inability.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Lease and all disputes arising hereunder shall be governed by the laws of the State of Idaho, without regard to conflict-of-laws principles.

8.2 Forum Selection. Each Party irrevocably submits to the exclusive jurisdiction of the [COUNTY NAME] County Housing Division of the District Court of the State of Idaho (or any successor small-claims or eviction docket) for all actions arising out of or relating to this Lease.

8.3 Arbitration Excluded. The Parties expressly agree not to arbitrate any dispute arising under this Lease.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of either Party’s constitutional right to a trial by jury in any civil action.

8.5 Injunctive Relief. Landlord’s right to seek expedited possession, eviction, or injunctive relief is preserved notwithstanding any other remedy.

9. GENERAL PROVISIONS

9.1 Notices. All notices shall be in writing and deemed delivered (i) upon personal delivery, (ii) one (1) Business Day after deposit with a recognized overnight courier, or (iii) three (3) days after mailing by certified U.S. mail, return receipt requested, addressed to the Parties at the addresses below or as later designated in writing.
• Landlord: [LANDLORD NOTICE ADDRESS]
• Tenant: [PREMISES ADDRESS] (or any forwarding address provided)

9.2 Amendments; Waivers. No amendment or waiver of any provision shall be effective unless in a writing signed by both Parties. A waiver of one breach shall not waive any other or subsequent breach.

9.3 Assignment & Subletting. Tenant shall not assign, mortgage, or sublet the Premises (collectively, “Transfer”) without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any unapproved Transfer is void and constitutes an Event of Default.

9.4 Severability. If any provision of this Lease is held unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be construed to reflect the Parties’ original intent as closely as possible.

9.5 Entire Agreement. This Lease (including all exhibits and addenda) constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements.

9.6 Successors & Assigns. This Lease binds and inures to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

9.7 Counterparts; Electronic Signatures. This Lease may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures delivered via electronic means (e.g., DocuSign, PDF) shall be deemed originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date.

[OPTIONAL NOTARY ACKNOWLEDGMENT IF REQUIRED]

[// GUIDANCE:
1. Attach applicable addenda (Pet, Lead-Based Paint, Rules & Regulations, Move-In/Move-Out Condition Checklist, etc.).
2. Verify county-specific eviction procedures and filing fees before referencing the court division above.
3. Customize cure periods, late charges, and insurance limits to match client risk tolerance and market norms.
4. For tenancies longer than one (1) year, Idaho’s Statute of Frauds requires the agreement to be in writing and signed by the party to be charged.
5. Confirm compliance with any municipal rental registration or inspection program in the property’s locality.]