What late fees can a landlord charge in Idaho?

Verified October 1, 2026 All Idaho topics →

Idaho has no numeric cap on late fees, but since July 1, 2023 state law requires every fee charged to a residential tenant — late-payment fees included — to be reasonable, and bars landlords from charging any fee, fine, assessment, or interest that exceeds what the rental agreement states or that is not in the agreement at all (Idaho Code § 55-305).

Cited to Idaho Code § 55-305 (1)-(4) and 2 more cited sources · Verified October 1, 2026

Under a written lease, a fee that is not in the agreement can be added or changed only with 30 days' written notice; under an oral agreement that rule does not apply, but a fee still cannot exceed the agreed amount. The statute applies to rental agreements entered into or renewed on or after July 1, 2023, and it expressly does not limit the amount of rent itself. Idaho mandates no grace period — the lease governs when rent is due and what lateness costs.

Idaho late fees at a glance

Statutory cap No statutory cap (see reasonableness standard and notes)
Mandatory grace period None mandated statewide
Must be in the lease Not addressed by statute
Daily fees No statute addresses daily late fees directly. A daily fee would have to be reasonable under § 55-305(1) and, under § 55-305(2), stated in the rental agreement or, under a written agreement, introduced by 30 days' written notice (an oral agreement is exempt from that rule).
Reasonableness standard

Idaho applies a statutory reasonableness rule: every fee imposed on a residential tenant, late-payment fees included, must be reasonable (Idaho Code § 55-305(1), enacted 2023). There is no numeric cap and no safe harbor.

The statutory words are 'Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable.' The statute sets no formula for what counts as reasonable.

Cite this page: "Landlord Atlas, Idaho Late Fee Laws (verified October 1, 2026), landlordatlas.com/laws/late-fees/idaho/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Notes and caveats

Common questions: Idaho late fees

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

Is there a legal limit on late fees in Idaho?
No statutory cap (see reasonableness standard and notes). Idaho applies a statutory reasonableness rule: every fee imposed on a residential tenant, late-payment fees included, must be reasonable (Idaho Code § 55-305(1), enacted 2023). There is no numeric cap and no safe harbor.
Is there a grace period before rent is late in Idaho?
None mandated statewide.
Does a late fee have to be written into the lease in Idaho?
Not addressed by statute.
Can a landlord charge a daily late fee in Idaho?
No statute addresses daily late fees directly. A daily fee would have to be reasonable under § 55-305(1) and, under § 55-305(2), stated in the rental agreement or, under a written agreement, introduced by 30 days' written notice (an oral agreement is exempt from that rule).

Citations

How this record was verified: Direct read of statute text on legislature.idaho.gov (official HTML section pages), with the enrolled session laws S1043 (2025 ch. 65 recodification), H0594 (2020 ch. 254), H0545 (2024 ch. 257); Idaho Attorney General Landlord and Tenant Manual used as official agency confirmation of verified negatives (July 2025 edition at the original pass; on 2026-08-12 the citations were repointed to the July 2026 edition after confirming the relied-on guidance — deposits/rent refundability framing, entry-rights lease-drafting advice, late-fee coverage — is unchanged); pre-2025 section numbering reconciled on the text of S1043 and the section history lines. September 5, 2026 addendum: the decisive figures touched by the 2025-2026 enactments reviewed that day were re-read on the official host — §§ 55-304, 55-305, 55-306, 6-303A, 6-310A and 74-105 on legislature.idaho.gov (statutes current through the 2026 session); the earlier reads stand as recorded. On October 1, 2026 every section the security deposit, rent increase, late fee, entry and eviction answers rest on was read again on the section pages of legislature.idaho.gov (statutes current through the 2026 session): Title 6, chapter 3; Title 55, chapters 2 and 3; the Manufactured Home Residency Act (Title 55, chapter 20) and the Floating Homes Residency Act (Title 55, chapter 27); sections 73-108, 73-109, 1-2208 and 74-105; the Idaho Rules of Civil Procedure on isc.idaho.gov; and the Attorney General's Landlord and Tenant Manual (July 2026).