Can a landlord charge for a pet in Idaho, and what does the law require for an assistance animal?
Idaho has no pet-deposit statute and no deposit ceiling of any kind, so a refundable pet deposit is simply part of the security deposit and its size is a matter for the lease.
Cited to Idaho Code § 6-321 (1)-(4) and 17 more cited sources · Verified September 21, 2026
Anything a tenant deposits for a purpose other than rent counts as a security deposit, must come back within twenty-one days where the lease fixes no time and thirty days in any event with an itemized statement, and nothing may be kept for normal wear and tear. A pet fee is different: there is no cap, but any fee charged to a residential tenant must be reasonable, must be in the rental agreement, may not exceed the agreed amount, and needs thirty days' written notice to change, for agreements signed or renewed on or after July 1, 2023. Monthly pet rent sits outside that test altogether, because the fee section does not touch rent. No lease has to state a pet policy, and on a month-to-month tenancy a landlord can impose a new pet rule with fifteen days' written notice, which binds a tenant who stays on. No statute reaches breed, size or weight in housing, and Idaho lets cities go further than the state does on dangerous dogs while forbidding any city to cap what a landlord charges. The hardest fact for tenants: Idaho enacts no assistance-animal right in housing, no documentation rule and no bar on charging for one, so everything comes from federal law, yet faking one is still a state misdemeanor.
Idaho pets & assistance animals at a glance
| Which law governs | Idaho is not a uniform-act state and has no single residential landlord-tenant act. The deposit answer is in the unlawful-detainer chapter, at section 6-321 of the Idaho Code, which deems every amount a tenant deposits for any purpose other than rent to be a security deposit. The fee answer is in the property title, at section 55-305, which requires any fee imposed on a residential tenant to be reasonable and to be in the rental agreement, and at section 55-304, which governs changes to a month-to-month lease and rent increases. Section 55-306 bars a local government from regulating the rent, fees or deposits charged for leasing private residential property. The Idaho Human Rights Act, Title 67 chapter 59, is the fair-housing law, and it carries no reasonable-accommodation duty for rules and policies, so no state law reaches an assistance animal in housing. The one animal rule is criminal: section 18-5811A makes it a misdemeanor to use an assistance device, an assistance animal or a service dog to gain treatment or benefits as an individual with a disability. Manufactured home community lots have their own act, Title 55 chapter 20. |
|---|---|
| Where in the state the answers differ | Two lines run through Idaho's answers. The fee rule in section 55-305 applies only to rental agreements entered into or renewed on or after July 1, 2023, so a long-running tenancy signed before that date is outside the reasonableness and disclosure requirements; a reader checks the date the current agreement was signed or last renewed. Separately, a lot in a manufactured home community is governed by the Manufactured Home Residency Act rather than by the private-market sections, and that act has its own pet-charge, lease-content, rule-change and deposit provisions, stated as a separate row below. |
| Which landlords are covered | Every residential landlord. The deposit section speaks of a tenant and a landlord with no unit threshold, no owner-occupied exemption and no county-by-county adoption, and the fee section binds an owner of rental property on the same terms. The fair-housing exemptions in Idaho law reach a different set of rules and change nothing on this page, because Idaho has no state assistance-animal duty in housing for them to switch off: section 67-5910, subsection 7, exempts the rental of a unit in a building housing not more than two families where the lessor or a family member lives in one of them, and the rental of a room or rooms where the owner or a family member lives there. A lot in a manufactured home community is governed by its own act and is stated as a separate row below. |
| Pet deposit | Yes, with no statutory limit. Idaho has no pet-deposit statute and no deposit ceiling of any kind, so the amount of a pet deposit is a matter for the lease. What the law does instead is define: amounts deposited by a tenant with a landlord for any purpose other than the payment of rent are deemed security deposits (section 6-321, subsection 1), which pulls a refundable pet deposit in automatically and gives it the same rules as the rest of the deposit. Those rules are a refund within twenty-one days where the agreement fixes no time and within thirty days in any event, with a signed statement itemizing what was kept, why, and a detailed list of what was spent (subsection 2); the bar on retaining anything for normal wear and tear (subsection 1); liability for the refund passing to a new owner where the property changes hands during the tenancy (subsection 3); and, where a third-party manager manages the rental, a duty to hold the deposit in a separate account at a federally insured financial institution, apart from the manager's operating account, with exemptions for the property owner, managers sharing members or principals with the owner, real estate licensees and nonprofit business organizations (subsection 4). Refundability: A refundable pet deposit is a security deposit and must be returned, except amounts necessary to cover the contingencies the deposit arrangement itself specifies (section 6-321, subsection 1). Nothing may be retained to cover normal wear and tear, which the section defines as deterioration that occurs from the use the unit is intended for, without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant, members of the household or their invitees or guests. A charge the parties agree is earned when paid and never returnable is not money held as security, so a genuinely non-refundable pet fee falls outside the deposit section altogether and is governed by the fee rule instead. |
| Pet rent and pet fees | Yes — pet rent or a pet fee may be charged, and no statute caps it. Idaho sets no ceiling on a pet fee or on pet rent, but it does set a standard and a disclosure rule for fees. Any fee imposed on a residential tenant must be reasonable, and reasonable is defined nowhere in the property title: there is no percentage, no dollar figure, no cost-relatedness test and no factor list. Nor is there a remedy, because the fee section creates no private right of action and no penalty, and the attorney-fee award in section 6-324 is scoped to the unlawful-detainer chapter, not to the property title. The sharper rule in practice is the disclosure limb: a pet fee larger than the agreed amount cannot be charged, and a pet fee that is not in a written rental agreement cannot be charged until thirty days after written notice of the change. All of this applies only to agreements entered into or renewed on or after July 1, 2023. Monthly pet rent sits outside the whole test, because the section expressly leaves the amount of rent alone. Monthly pet rent: Monthly pet rent is outside the fee rule entirely. Section 55-305, subsection 4, says that nothing in the section limits the amount that can be charged for rent, so a charge folded into rent escapes the reasonableness and disclosure requirements that catch a charge styled as a fee. What it gains instead is the rent clock: an increase in the amount of rent charged needs thirty days' written notice before it takes effect (section 55-304, subsection 2). A one-time pet fee: A one-time pet fee, a pet administration fee and a pet-screening charge are all fees imposed on a residential tenant, so each must be reasonable, may not exceed the amount agreed in the rental agreement, and may not be charged at all if it is not in the agreement, unless the agreement is oral or the owner has given thirty days' written notice of the change (section 55-305, subsections 1 and 2). Idaho has no bar on a non-refundable fee: the words nonrefundable and non-refundable appear nowhere in the unlawful-detainer chapter or in the whole property title. |
| Pet policy in the lease, and changing it mid-tenancy | No — but a written-rules or mid-term-change provision would govern a pet rule the landlord adopts. No Idaho statute requires a lease to say whether pets are allowed, requires a pet charge to be disclosed as such, or supplies a default when the lease is silent. What Idaho has is a set of default rules about change. On a month-to-month tenancy fifteen days' written notice rewrites the lease, and holding over is the acceptance; a fee change under a written agreement needs thirty days' notice and the fee must be in the agreement; a rent increase needs thirty days. There is no statutory limit on the number, size or species of pets, no pet-specific cure period for an unauthorized animal, and no housing class that must allow pets. A lot in a manufactured home community is different: there the pet charge must be described in the written rental agreement, and a rule adopted or amended mid-tenancy is unenforceable without the resident's consent or ninety days' written notice. Changing the rule mid-tenancy: Two sections govern a change, and which one applies turns on how the charge is styled. For a month-to-month tenancy the landlord may change the terms of the lease on at least fifteen days' written notice before the end of the month, and the notice itself operates to create and establish the terms, rent and conditions it specifies as part of the lease if the tenant holds over (section 55-304, subsection 1) — so a new no-pets rule or a new pet condition binds a holding-over tenant without consent. A change to a fee under a written agreement needs thirty days' written notice of the change (section 55-305, subsection 2, paragraph (b)), and an increase in rent, which is what monthly pet rent is, needs thirty days' written notice (section 55-304, subsection 2). |
| Breed, size and weight restrictions | Yes. No Idaho statute or rule bans, limits or authorizes a breed, size, weight or number restriction in housing. The word breed appears nowhere in the whole property title, in the unlawful-detainer chapter, in the Human Rights Act or in the Commission's rules; the hits in the animals title and the criminal title are all livestock and husbandry provisions or cruelty exemptions. Idaho's own dangerous-dog definitions are about conduct, not breed: an at-risk dog is one that bites a person without justified provocation and without causing serious injury, and a dangerous dog is one that has inflicted serious injury without justified provocation or has already been found at risk and then bites or attacks again (section 25-2810, subsection 4). Idaho does not preempt breed-specific local rules; it does the opposite, and that is stated under local authority below. |
| Assistance animals: the state instrument and who it binds | No — no state instrument reaches assistance animals in housing; the federal rules alone apply. Idaho has no state assistance-animal rule for housing, and the gap is structural rather than an oversight. The Human Rights Act makes disability discrimination in a real estate transaction unlawful (section 67-5909, subsection 8), and one of that subsection's paragraphs is the counterpart of the federal duty to permit reasonable modifications of the premises at the disabled person's expense, subject to a restoration condition in a rental (paragraph (h)). The other federal limb, the duty to make reasonable accommodations in rules, policies, practices or services, is the one every assistance-animal claim runs through, and Idaho never enacted it. Two further features confirm the absence: the Act's only definition of reasonable accommodation is written for employment, testing whether an adjustment disrupts the employer's operations or contradicts a business necessity (section 67-5902, subsection 16), and the Act's stated purposes name the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act and Titles I and III of the Americans with Disabilities Act, but not the Fair Housing Act (section 67-5901, subsection 1). The Human Rights Commission's rules are complaint practice and carry no animal term at all. Idaho law defines no assistance animal, no support animal and no emotional support animal anywhere. A tenant in Idaho who needs an assistance animal relies on federal law alone; the federal section of the 50-state page carries it. Who it binds: No Idaho landlord is bound by a state assistance-animal rule, because Idaho has none. What binds a landlord here is federal law, which the federal section of the 50-state page carries. For completeness, the state fair-housing duties that do exist bind an owner or any other person engaging in a real estate transaction, and a real estate broker or salesperson, where a real estate transaction includes the rental or lease of real property; they do not apply to the rental of a unit in a building housing not more than two families where the lessor or a family member lives in one of them, or to the rental of a room or rooms where the owner or a family member lives there (section 67-5910, subsection 7). None of that changes a pets answer, because the duty an assistance animal would run through was never enacted. |
| What counts as an assistance animal | No state instrument defines an assistance animal for housing; the federal definitions are the only ones |
| Documentation a landlord may request, and what a certifier must meet | No state instrument sets a documentation standard; the federal rules alone apply. Idaho sets no documentation rule at all. No statute or rule says what a landlord may ask, who may write supporting documentation, how long a treating relationship must have run, what a letter must contain, whether an online certificate counts, or how quickly a landlord must answer. The professions title and the health and safety title were read chapter by chapter and carry no assistance-animal, emotional-support, support-animal, service-animal, service-dog or guide-dog provision, so no Idaho clinician has a statutory duty when asked for a letter. What a landlord may ask for in Idaho comes from federal law, on the federal section of the 50-state page. |
| Charges for an assistance animal | Under state law, yes — no state text bars a charge for an assistance animal; the federal rules alone govern it. No Idaho statute or rule bars a pet deposit, a pet fee or pet rent for an assistance animal, a support animal or a service dog in housing. That follows from the absence of any state accommodation duty: there is nothing for a charge bar to hang on, and no free-standing bar was enacted. Idaho does have a surcharge bar, but it is scoped to public accommodations in its own first words: a place of public accommodation, including a common carrier, hotel, lodging house or other public place, may not ask an individual with a disability to pay a surcharge even where people with pets must pay fees, although it may charge for damage the dog causes where it normally charges for damage (section 56-704A, subsection 7). Its older companion gives the right to be accompanied by a service dog without an extra charge only in the places described in section 56-703 (section 56-704). The whole chapter those sections sit in uses the words landlord, tenant, lease, rental and dwelling nowhere. Both bars also reach a dog only: a service dog is a dog individually trained to do work or perform tasks for a person with a disability, other species are not service animals for that chapter, and the crime-deterrent effect of an animal's presence and the provision of emotional support, well-being, comfort or companionship are not work or tasks (section 56-701A, subsection 5). What limits a pet charge for an animal a landlord must permit in Idaho is federal law, which the federal section of the 50-state page carries. |
| Damage caused by an assistance animal | No state text addresses damage caused by an assistance animal in housing. |
| Misrepresenting an assistance animal | An offense or sanction that reaches a misrepresentation made to obtain housing: a misdemeanor, reaching the person claiming the animal. The text names no venue and no court has construed its reach, so it reaches housing by its general words. Any person who is not an individual with a disability, and is not being trained to assist individuals with disabilities, who uses an assistance device, an assistance animal or a service dog in an attempt to gain treatment or benefits as an individual with a disability, is guilty of a misdemeanor (section 18-5811A). The text carries no venue limit and the word benefits is unqualified, so on its face a false claim made to be let out of a no-pets rule or a pet charge is inside it; no Idaho court has said so, and no act that created or amended the offense touched a housing statute. No prior warning is needed. The offense reaches only the person making the claim: Idaho penalizes no letter-writer, no vendor of certificates and no clinician, and the professions and health titles carry no animal-and-disability provision at all. A separate section makes battery to an assistance animal, a service dog or a dog-in-training a misdemeanor with restitution for veterinary and replacement costs (section 18-5812); that is a different offense and not a misrepresentation rule. The result is that Idaho is the state where a false assistance-animal claim in a rental may be a state offense while the right being abused is purely federal. Where the words leave the reach open: Two things about this offense are genuinely open. First, its reach into housing has never been tested: both acts that created and last touched it amended only public-accommodation, transport, vehicle-code and criminal sections, none of them a housing statute, and Idaho enacted no legislative finding tying the offense to a tenancy; the 2019 amendment changed terminology only. Second, the broadest of the three things the offense names, an assistance animal, has no statutory content: the definitions section that by its own words governs the criminal chapter defines assistance device, dog-in-training, individual with a disability, place of public accommodation and service dog, but never assistance animal (section 56-701A). Who enforces it: Prosecution as an ordinary misdemeanor. Section 18-5811A states no fine and no jail term of its own, so the maximum comes from the criminal code's general penalty provision for a misdemeanor, which is not stated here. There is no civil penalty, no eviction ground and no licensing sanction. |
| Can cities add their own rules | In part — state law preempts the kinds of local rule named as barred, and any power named is one state law grants. Idaho keeps the money side and the dog side in opposite directions, and a reader needs both. On money, section 55-306 bars a local government from regulating the rent, fees or deposits charged for leasing private residential property, so a city cannot cap a pet deposit, a pet fee or pet rent; the wording has been law since July 1, 2024, a year earlier than the section number it now sits under would suggest. On dogs, the state dangerous-dog act is a minimum standard that expressly leaves local governments free to adopt more restrictive definitions of a dangerous or vicious dog, and cities separately hold the classic animal-control powers to regulate animals running at large, to impound them and to impose a license tax (section 50-319). The constitutional frame fits both: a county, city or town may make and enforce local police, sanitary and other regulations that are not in conflict with its charter or with the general laws (article XII, section 2, of the Idaho Constitution). In one line: an Idaho city may ban a breed and may license and impound dogs, but it may not cap what a private landlord charges for one. No Idaho city ordinance on pets in housing is stated here. Local deposit or fee rules barred: A local governmental unit may not enact, maintain or enforce an ordinance or resolution that would have the effect of forcing Idaho property owners to take part in an optional federal housing assistance program, or of any other program or law that would otherwise regulate rent, fees or deposits charged for leasing private residential property. The only carve-out preserves a local unit's right to manage and control residential property in which it has a property interest, meaning its own housing. A municipal cap on pet deposits, pet fees or pet rent is therefore unlawful, and has been since July 1, 2024, when the rent, fees or deposits wording was first enacted as part of the previous section; the 2025 reorganization moved it into a stand-alone section without changing it. Text: Idaho Code § 55-306. Localities may regulate the keeping or licensing of animals: Idaho's dangerous-dog law is a floor and not a ceiling. The act establishes minimum standards and requirements for the control of dogs that may threaten the public with injury, and it expressly does not supersede or invalidate existing local ordinances or prohibit local governments from adopting and enforcing more restrictive definitions of a dangerous or vicious dog, so long as the local definition allows for acts of justified provocation. Idaho cities and counties may therefore go further than the state does on dogs, and Idaho does not preempt breed-specific local ordinances. Text: Idaho Code § 25-2812. |
| Housing classes with their own pet rule | Manufactured home community lots (Manufactured Home Residency Act): pet deposit — no statute, no cap; pet rent and fees — allowed, no cap; a prescribed term or form must carry the pet terms. A lot in a manufactured home community is the one place Idaho law names pets. Fees means the financial obligations incidental to a resident's tenancy, including charges for late payments, pets, the storage of recreational vehicles and the use of community facilities (section 55-2003, subsection 4), so a pet charge is expressly contemplated and expressly uncapped. Because the rental agreement must contain the terms for paying rent and a description of any other charges to be paid to the landlord, a pet charge must be described in the written agreement (section 55-2007, subsection 1, paragraph (a)), and the agreement must also contain the rules of the community (paragraph (c)); entrance and exit fees are barred (subsection 2, paragraph (b)). A rule is enforceable only if it is part of the agreement the resident signed, and a rule adopted or amended afterwards is unenforceable unless the resident consents or is given ninety days' written notice; rules must be fairly and uniformly enforced and carry an effective date (section 55-2008). The landlord may not amend the agreement or the rules more than once in any six-month period, and ninety days' written notice is required for an amendment (section 55-2006, subsection 3). Deposits have their own function test: any payment, deposit, fee or other charge required in addition to periodic rent, utility charges or service fees, and collected as prepaid rent or to compensate for a resident default, is a deposit, and the landlord must keep a separate record of it (section 55-2013). The section sets no ceiling and no return clock of its own. The manufactured-home page carries the rest of the park rules. Text: Idaho Code §§ 55-2003, 55-2006, 55-2007, 55-2008, 55-2013 · 55-2003(4), 55-2006(3), 55-2007(1)(a), (1)(c), (2)(b), 55-2008(1)-(3), 55-2013(1)-(2). |
| Insurance and dog breeds | No statute restricts an insurer's use of dog breed in underwriting |
| How state law refers to the federal rules | Idaho's own law reaches an assistance animal in housing nowhere, so everything a tenant here has comes from federal law, which the federal section of the 50-state page carries and which this page does not restate. Where Idaho does borrow from federal law, it borrows for public accommodations rather than housing, and one of the two borrowings is frozen in time: an individual with a disability means an individual who has a disability as defined by the federal Americans with Disabilities Act and its implementing regulations effective as of January 1, 2019 (section 56-701A, subsection 3), while a place of public accommodation takes its meaning from the same federal act without a date (subsection 4). The Idaho Human Rights Act's stated purposes name the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act and Titles I and III of the Americans with Disabilities Act, and do not name the Fair Housing Act (section 67-5901, subsection 1). No Idaho statute or rule adopts a federal agency notice, a joint statement or a federal housing regulation, and the Human Rights Commission's one interpretive rule simply points back at those stated purposes. |
| Changes already signed into law | No signed act is waiting to change these answers |
| Leading court decisions | None carried — the answers rest on the statutes and rules cited |
Cite this page: "Landlord Atlas, Idaho Pet & Assistance Animal Laws (verified September 21, 2026), landlordatlas.com/laws/pets/idaho/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Idaho assistance-animal documentation at a glance
No state instrument reaches assistance animals in housing, so no row below is a state rule; the federal rules further down this page are the only ones. The full text of each slot, with its section, is in the table above.
| Slot | What the state's text says |
|---|---|
| Who may certify, and on what test | Not stated |
| The certifier's minimum relationship period | Not stated |
| Telehealth | Not stated |
| Online registration or certificate | Not stated |
| Form | Not stated |
| Medical records | Not stated |
| Written answer from the landlord | Not stated |
| Annual re-evaluation | Not stated |
| Proof of vaccination or licensing | Not stated |
Housing classes in Idaho with their own pet rule
Each row is a housing class whose own instrument sets at least one pet cell differently from the private-market answers above; a dash is a cell the class's instrument does not set, so the residential answer on this page does not carry over to it either way. The full text of each row is in the table above.
| Class | Pet deposit | Pet rent and fees | In the lease | Breed, size, weight | Extra charge for an assistance animal | From |
|---|---|---|---|---|---|---|
| Manufactured home community lots (Manufactured Home Residency Act) | No statute, no cap | Allowed, no cap | Prescribed term or form | — | — | — |
Federal law on pets and assistance animals, in every state
The federal layer for the pets and assistance-animals topic, carried once for the whole site. It is a dated history rather than a single rule: the Fair Housing Act's accommodation duty has not changed since 1988 and the regulation under it has never contained the word animal, while the HUD guidance that most writing on this subject still quotes was withdrawn in September 2025, permanently rescinded in May 2026, and replaced by an enforcement position that governs HUD's own cause determinations and nothing else. Every row names who it binds, and most of the rows that carry real figures bind only federally assisted, public or rural-development housing. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it does. The full text of each row, with its citations, is on the 50-state page.
- Every housing provider the Fair Housing Act covers: Fair Housing Act: the reasonable-accommodation duty and who it reaches (in force).
- Every housing provider the Fair Housing Act covers: HUD's reasonable-accommodation regulation, and the absence of any animal rule in it (in force).
- Every housing provider the Fair Housing Act covers: Charging for an assistance animal: the two general clauses the question runs through (in force).
- No one — withdrawn guidance: HUD's 2013 service and assistance animals notice: withdrawn September 17, 2025 (withdrawn).
- No one — rescinded guidance: HUD's 2020 assistance animals notice: withdrawn September 17, 2025 and permanently rescinded May 22, 2026 (rescinded).
- No one — it states HUD's own enforcement position and binds no landlord or tenant: HUD's May 22, 2026 enforcement memorandum: what HUD will and will not pursue (an enforcement position, not law).
- No one — no rule has been proposed: The rulemaking the May 2026 memorandum promises: not proposed (not proposed).
- Public entities and public accommodations, not housing providers as such: The Americans with Disabilities Act definition of a service animal, which HUD now borrows in part (in force).
- Owners of federally assisted rental housing for the elderly or for persons with disabilities: Pets in federally assisted housing for the elderly or persons with disabilities (in force).
- Public housing agencies: Pets in public housing that is not designated for the elderly or persons with disabilities (in force).
- Recipients of federal financial assistance for housing: Section 504: HUD-funded housing and the duty to modify housing policies (in force).
- Owners of Rural Development multifamily housing: Rural Development multifamily housing: a pet deposit cap and no deposit for an assistance animal (in force).
- The parties to the case: United States v. Five Properties, LLC: the open federal case on an emotional support animal (litigation).
- The parties to the case: Henderson v. Five Properties, LLC: the closed private case, and how far it reaches (litigation).
- No one — no such federal duty exists: Breed, size and weight limits on an assistance animal: no federal rule either way.
Notes and caveats
- No deposit cap at all — Idaho caps no deposit, general or pet. A refundable pet deposit is a security deposit because the statute deems every amount deposited for a purpose other than rent to be one, and the only limits are the return clock, the itemized statement and the bar on keeping anything for normal wear and tear. The security-deposits page carries the rest.
- A non-refundable pet fee is a fee, not a deposit — A charge the parties agree is earned when paid and never returnable is not money held as security, so it falls outside the deposit statute. It falls instead under the fee rule, which requires it to be reasonable and to be in the rental agreement. Idaho has no bar on non-refundable fees.
- Reasonable has no definition and no remedy — The word reasonable is defined nowhere in the property title, and the fee section creates no private right of action, no penalty and no multiplier. A tenant challenging an unreasonable pet fee in Idaho has a standard and no statutory machinery.
- The July 1, 2023 line — The fee rule applies only to rental agreements entered into or renewed on or after July 1, 2023. A tenancy running continuously since before that date is outside it, so the date the current agreement was signed or last renewed decides which answer applies.
- Pet rent is rent — The fee section says in terms that nothing in it limits the amount that can be charged for rent, so a charge folded into rent escapes the reasonableness and disclosure rules. It picks up the rent rules instead, including thirty days' written notice of an increase.
- No duty to state a pet policy — No statute requires a lease to say whether pets are allowed or supplies a default when it is silent, and there is no limit on the number, size or species of pets. On a month-to-month tenancy fifteen days' written notice changes the lease terms and holding over is the acceptance, so a new pet rule can be imposed without consent.
- Breed, size and weight — No Idaho statute reaches a landlord's breed, size or weight rule, and the state's dangerous-dog definitions turn on what a dog has done rather than what it is. Idaho does not preempt breed-specific local ordinances; its dangerous-dog act is a minimum standard that lets local governments be stricter.
- Cities may not cap pet charges — A local government may not regulate the rent, fees or deposits charged for leasing private residential property, so a municipal pet-deposit or pet-fee cap is unlawful, and has been since July 1, 2024. Cities keep their ordinary animal-control powers over licensing, running at large and impoundment.
- No state assistance-animal law — Idaho's fair-housing act makes disability discrimination in a real estate transaction unlawful and requires a landlord to permit physical modifications at the tenant's expense, but it never enacted the duty to make reasonable accommodations in rules and policies, which is the duty every assistance-animal request runs through. There is no state definition of an assistance animal, a support animal or an emotional support animal, no documentation rule, and no bar on charging for one.
- Faking one is still an offense — Using an assistance device, an assistance animal or a service dog to gain treatment or benefits as a person with a disability, when you are neither disabled nor training such an animal, is a misdemeanor. The text names no venue, so on its face it reaches a claim made to a landlord, though no Idaho court has decided that and no act creating or amending it touched a housing statute. The section states no fine or jail figure of its own.
- Manufactured home community lots — A lot in a manufactured home community is governed by its own act, which is the one place Idaho law names pets. Pet charges are expressly contemplated and uncapped, but they must be described in the written rental agreement, a rule adopted mid-tenancy needs the resident's consent or ninety days' notice, and the agreement and rules may not be amended more than once in six months. The manufactured-home page carries the rest.
- Insurance — Idaho has no statute restricting an insurer from underwriting on a dog's breed. Every chapter of the insurance title was read and the words breed, dog and canine appear in none of them.
- Federal rules — Because Idaho enacts no assistance-animal right in housing, the whole of a tenant's protection here is federal. The Fair Housing Act, the federal regulations, the rules for assisted and public housing and the status of the federal assistance-animal instruments are on the federal section of the 50-state page.
- Legislation — Nothing in scope is pending. The Legislature adjourned April 2, 2026 with no carryover, and no measure in 2023, 2024, 2025 or 2026 mentioned pets, an assistance animal or a service animal in a tenancy at all. The Human Rights Commission has no rulemaking pending either.
Common questions: Idaho pets & assistance animals
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Can a landlord charge a pet deposit in Idaho, and is there a limit?
- Yes, with no statutory limit. Idaho has no pet-deposit statute and no deposit ceiling of any kind, so the amount of a pet deposit is a matter for the lease.
- Can a landlord charge pet rent or a non-refundable pet fee in Idaho?
- Yes — pet rent or a pet fee may be charged, and no statute caps it. Idaho sets no ceiling on a pet fee or on pet rent, but it does set a standard and a disclosure rule for fees.
- Does an Idaho lease have to state a pet policy?
- No — but a written-rules or mid-term-change provision would govern a pet rule the landlord adopts. No Idaho statute requires a lease to say whether pets are allowed, requires a pet charge to be disclosed as such, or supplies a default when the lease is silent.
- Can an Idaho landlord restrict pets by breed, size or weight?
- Yes. No Idaho statute or rule bans, limits or authorizes a breed, size, weight or number restriction in housing.
- Does Idaho have its own assistance-animal law for rentals?
- No — no state instrument reaches assistance animals in housing; the federal rules alone apply. Idaho has no state assistance-animal rule for housing, and the gap is structural rather than an oversight.
- What documentation can an Idaho landlord ask for when a tenant requests an assistance animal?
- No state instrument sets a documentation standard; the federal rules alone apply. Idaho sets no documentation rule at all.
- Can an Idaho landlord charge a pet deposit or pet rent for an emotional support animal?
- Under state law, yes — no state text bars a charge for an assistance animal; the federal rules alone govern it. No Idaho statute or rule bars a pet deposit, a pet fee or pet rent for an assistance animal, a support animal or a service dog in housing.
- What is the penalty for falsely claiming an assistance animal in Idaho?
- An offense or sanction that reaches a misrepresentation made to obtain housing: a misdemeanor, reaching the person claiming the animal. The text names no venue and no court has construed its reach, so it reaches housing by its general words.
Citations
- Idaho Code § 6-321 · (1)-(4) (verified 2026) Official source
- Idaho Code § 55-305 · (1)-(4) (verified 2026) Official source
- Idaho Code § 55-304 · (1), (2) (verified 2026) Official source
- Idaho Code § 55-306 (verified 2026) Official source
- Idaho Code § 67-5909 · (8)(h) (verified 2026) Official source
- Idaho Code §§ 67-5901, 67-5902, 67-5910 · 67-5901(1), 67-5902(12), (13), (16), 67-5910(7), (8) (verified 2026) Official source
- Idaho Code § 18-5811A (verified 2026) Official source
- Idaho Code §§ 18-5811, 18-5812 (verified 2026) Official source
- Idaho Code § 56-701A · (1)-(5) (verified 2026) Official source
- Idaho Code §§ 56-703, 56-704, 56-704A, 56-704B · 56-704, 56-704A(7), 56-704B(2) (verified 2026) Official source
- Idaho Code §§ 25-2810, 25-2812 · 25-2810(4), 25-2812 (verified 2026) Official source
- Idaho Code §§ 55-2003, 55-2006, 55-2007, 55-2008, 55-2013 · 55-2003(4), 55-2007(1)(a), 55-2008(2), 55-2013(1) (verified 2026) Official source
- Idaho Constitution, article XII, section 2 (verified 2026) Official source
- IDAPA 45.01.01 (Rules of the Idaho Human Rights Commission) · 012 (verified 2026) Official source
- 2026 Idaho Session Laws, volume 2 (Code Index) · Table of Amendments, Repeals, Additions, and References (verified 2026) Official source
- 2024 Idaho Session Laws, chapter 257 (House Bill 545) · §§ 1, 3 (verified 2026) Official source
- 2025 Idaho Session Laws, chapter 65 (Senate Bill 1043) · §§ 6, 7, 14, 16 (verified 2026) Official source
- 2026 session legislation index (verified 2026) Official source
How this record was verified: Direct reading of the Idaho Code on the Legislature's own host, whose banner states that Idaho Statutes are updated to the website July 1 following the legislative session, so the posted text carries the 2026 regular session that adjourned April 2, 2026. The section pages were read for the text and the History credit line of sections 6-321, 55-304, 55-305, 55-306, 67-5909, 18-5811A and 56-701A, because one chapter file (Title 6, chapter 3) was last regenerated in September 2025 and the section page is the currency-safe surface for Idaho. Whole chapters read in full: Title 6 chapter 3 (forcible entry and unlawful detainer, where the deposit section sits), Title 55 chapter 3 (landlord and tenant), Title 55 chapter 20 (the Manufactured Home Residency Act), Title 67 chapter 59 (the Idaho Human Rights Act), Title 56 chapter 7 (rights of individuals with disabilities, all twelve sections), Title 18 chapter 58 and Title 25 chapter 28 (dangerous dogs). Whole titles read chapter by chapter, every chapter retrieved successfully: Title 41 (insurance, 61 chapters), Title 18 (crimes and punishments, 83 chapters), Title 50 (municipal corporations, 27 chapters), Title 55 (property, 29 chapters), Title 25 (animals, 34 chapters), Title 54 (professions, 56 chapters) and Title 39 (health and safety, 84 chapters). Article XII, section 2 of the Idaho Constitution read for the local police power. The Idaho Human Rights Commission's rules, IDAPA 45.01.01, were read in full from the Division of Financial Management's file host, each subsection carrying its own currency date of March 31, 2022, because the rules host's own document search and listings have been out of service since about September 1, 2026; a bounded check of the surrounding chapter numbers established that 45.01.01 is the Commission's only chapter, and the Abridged Rulemaking Index, current to September 2, 2026, lists no Commission rulemaking. The enrolled acts were read in full from the session laws: 2023 chapter 67, 2024 chapter 257 (House Bill 545, approved April 1, 2024), 2025 chapter 65 (Senate Bill 1043, approved March 13, 2025) and 2019 chapter 213, together with the 2026 session laws' Code Index of amendments, repeals, additions and references. The four official session legislation indexes for 2023, 2024, 2025 and 2026 were read in full, every animal and dog row opened. The state appellate opinion archive was searched for assistance-animal, emotional-support-animal and service-dog decisions and for decisions citing sections 67-5909 and 18-5811A; the one recent opinion using the phrase emotional support animal, Garshelis v. Bennett (Idaho Court of Appeals, January 6, 2026), was read in full and set aside as a conversion case between private individuals rather than a tenancy.
What was read to state each absence on this page:
- The landlord-tenant chapter: Idaho has no single landlord-tenant act, so two homes were read. Title 6 chapter 3 (forcible entry and unlawful detainer), where section 6-321 sits, read in full from the section page carrying the edition banner and the History line, and cross-read against the chapter file: it uses the words pet, animal and dog nowhere. The whole of Title 55 (property in general, 29 chapters, including chapter 3 on landlord and tenant and chapter 20, the Manufactured Home Residency Act) read chapter by chapter: pets appears once, in the manufactured-home community fee definition at section 55-2003, subsection 4, while pet, animal, dog, breed, nonrefundable and non-refundable appear nowhere in the title.
- The civil-rights, fair-housing or disability-rights title: Title 67 chapter 59, the Idaho Human Rights Act, read in full: it uses pet, animal, dog, breed, assistance animal, emotional support and service animal nowhere, and its two uses of reasonable accommodation are both about employment, one the definition at section 67-5902, subsection 16, and one the employment caveat in the opening paragraph of section 67-5909. Section 67-5909, subsection 8, was read paragraph by paragraph: it carries the reasonable-modification counterpart at paragraph (h) and no reasonable-accommodation-in-rules duty. Section 67-5901, subsection 1, and section 67-5910, subsections 7 and 8, read in full.
- Health, professional-licensing and criminal titles: The whole of Title 54 (professions, vocations and businesses, 56 chapters) and the whole of Title 39 (health and safety, 84 chapters) read chapter by chapter for a provider duty: assistance animal, emotional support, support animal, service animal, service dog and guide dog appear in neither title, the breed hits are veterinary and husbandry provisions, and the single reasonable-accommodation hit in each is a student clause and a smoking-policy clause. The whole of Title 18 (crimes and punishments, 83 chapters) read chapter by chapter: assistance animal appears four times, twice in section 18-5811A and twice in section 18-5812, both of which were read in full, while emotional support, support animal, companion animal and reasonable accommodation appear nowhere in the criminal title. Title 56 chapter 7 (rights of individuals with disabilities) read in full, all twelve sections, along with Title 18 chapter 58: every service-dog right in them is scoped to the places described in section 56-703, and the words landlord, tenant, lease, rental and dwelling appear in that chapter nowhere.
- Administrative code: IDAPA 45.01.01, the Rules of the Idaho Human Rights Commission, read in full from the Division of Financial Management's file host while the rules host's own document search and listings are out of service; every subsection carries the currency date March 31, 2022. A bounded check of the chapter numbers in the Commission's title established that this is its only chapter. The rules are complaint practice from beginning to end, their table of contents running from legal authority, title and scope, administrative appeal, liberal construction and declaratory rulings through definitions, representation of parties and interpretation of state law to complaints. They use animal, assistance animal, service dog, emotional support, breed, reasonable accommodation and dwelling nowhere, their single uses of housing and real estate are in the scope preamble, and their five apparent pet hits are all the word petition. The one interpretive rule says the Commission will construe the Act consistently with its stated purposes and the federal laws described in them.
- Local-government and animal-control titles: Section 55-306 read in full from its section page with its History line, and the 2024 act that first enacted its wording read in full from the enrolled session laws. Section 25-2812 read in full from the dangerous-dog chapter. The whole of Title 50 (municipal corporations, 27 chapters) read chapter by chapter: its only three animal references are in section 50-319, on animals running at large, impoundment and a license tax, and it uses breed, dog and pet nowhere. The whole of Title 25 (animals, 34 chapters) read chapter by chapter, with every ordinance, vicious and preemption hit opened; section 25-2812 is the operative local clause and there is no breed-specific dog statute. Article XII, section 2, of the Idaho Constitution read for the local police power.
- The terms searched and where: Terms run over Title 6 chapter 3, the whole of Title 55, Title 67 chapter 59, Title 56 chapter 7, the whole of Title 18, the whole of Title 25, the whole of Title 50, the whole of Title 41, the whole of Title 54, the whole of Title 39 and the Human Rights Commission's rules: pet, pets, animal, animals, dog, dogs, guide dog, hearing dog, service dog, service animal, assistance animal, support animal, emotional support, companion animal, reasonable accommodation, breed, canine, dwelling, landlord, tenant, lease, rental, deposit, fee, nonrefundable, non-refundable, registration, certificate, ordinance, preemption, vicious and dangerous dog. Every non-zero hit was opened and read in context. The same terms were run over the four official session legislation indexes for 2023 through 2026 and over the 2026 session laws' table of amendments, repeals, additions and references.