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Forming a sublease is a popular way to get financial help. However, there are some concerns regarding its legality. Does Idaho allow tenants to sublease rental homes? The answer to that question lies in the Idaho Attorney General's Landlord and Tenant Manual.

This 53-page document acts as a guide for expectations and contracts between a landlord and their tenant. It states that if a lease does not expressly prohibit it, a tenant can sublet. However, it does not say if the tenant requires permission from the landlord.

To protect themselves, Idaho residents should always seek their landlord's approval beforehand. Doing so can avoid potential legal drama between everyone involved.

Subleasing

A sublease is convenient when a person needs to move prematurely or needs extra help after a rent increase. Another reason an individual may sublet is having a long-distance job that leaves their home unoccupied most of the time. The person may also desire company or simply wish to help someone in need.

Sublease Agreement

Most landlords require an official contract for subleasing. The agreement ensures legal protection for all parties. It also specifies additional terms not included in the original lease.

Requirements for an Idaho Sublease Agreement

  • Address of the apartment, house, or other rental property
  • Start and end dates for the sublease
  • Date the agreement is signed
  • Amount the tenants must pay for rent
  • Date by which tenants must pay rent each month
  • Number of late payment days allowed
  • Amount the new tenant must pay on a security deposit, if applicable
  • Fees the tenants must pay for pets, if applicable
  • Expressly outlined terms for the property, including those in the original lease
  • Signatures by the landlord, the original tenant, and the new tenant
  • A list of what is not allowed on the property, such as drugs, smoking, violence, overnight guests, pets, etc
  • Clearly defined repercussions for breaking the lease

Sublessors

The original tenant should be careful trying to rent out a garage. Most areas prohibit this for safety reasons. The individual should check the rules for their specific city before attempting to sublet. They should also know...

  • The contact information of the lessee
  • The date until which the new tenant intends to stay
  • If the original lease has any guidelines for subletting
  • How much of the property they want to sublet: the entire house and yard, one room, or even a parking spot
  • If the lessee is reliable, safe, and respectful of Idaho state laws

Landlords

Before considering a sublease agreement, the landlord needs to verify the credit, rental, and criminal histories of the potential tenant. They also need to know the contact information for each tenant and how long the tenants plan to sublease the property.

The trustworthiness of the original tenant can also influence their decision. This involves the tenant's history of paying rent on time, maintaining the property, and adhering to the original lease.

Subtenants

The subtenant needs to know...

  • That the current tenant and landlord are both responsible and credible
  • How much they will pay for a security deposit
  • The location and quality of the property
  • That the landlord is in full agreement
  • If the landlord requires an official application
  • Idaho laws regarding subletting, including what cannot be sublet
  • The terms of the original rental agreement
  • Fees and regulations for pets, including a pet security deposit and breed restrictions
  • Repercussions for not paying rent, damaging the property, or breaking the lease in other ways
  • How many pets are allowed, including any the original tenant may have
  • The cost to rent a parking spot
  • If smoking is permitted

Things To Discuss

  • How much each tenant should contribute toward rent, utilities, and other fees
  • Local policies on subletting other rental areas, such as a garage
  • Idaho laws for drug use, particularly marijuana (breaking these may get both parties evicted from the property)
  • Repercussions if the subtenant cannot afford rent
  • What to do if the subtenant wishes to end the sublease agreement early
  • A plan in case the main tenant wishes to vacate the property once their lease ends
  • How to split responsibility for the pets
  • If any changes need to be made to the Idaho sublease agreement

Additional Risks

The sublessor takes an additional risk when signing a sublease agreement. If the subtenant breaks the lease, consequences fall upon the original tenant.

To prevent legal repercussions, the tenant and subtenant should each keep a signed copy of the main lease and the sublease. The primary occupant should not sublease to irresponsible people who may damage the property, break Idaho state laws, or fall behind on rental payments.

Build Your Own

For good measure, get permission from the landlord beforehand. Recheck the original lease to ensure there is no clause against subletting. Afterward, download a free Idaho sublease agreement (PDF or Doc) template.

If you want to create your own agreement from scratch, you can also use our sublease agreement creation tool.

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

FAQs

Are there differences between subletting a house vs an apartment in Idaho?

A sublease agreement is required in either instance. With a house, subleases may also include the yard, driveway, garage, basement, and attic. Apartments may have additional terms such as quiet hours, parking fees, and maintenance fees. Unique rules for a house may include lawn care, individual maintenance, HOA policies, and Idaho laws regarding home care.

Is the sublessor still responsible for rent?

Yes! A sublet (addition to the lease) is not the same as a relet (replacement of the lease). The primary tenant is still responsible for ensuring rent and other fees are paid in full and on time.

What happens when the original lease ends?

A sublease cannot extend the original lease but may end sooner. If the original occupant wants to move, the subtenant will need to either apply to relet or move as well. A security deposit may be returned to one or both individuals.

The sublease will need to be renewed if the sublessor intends to stay. In this case, the involved parties must decide on a new end date for both the sublease and the original rental agreement.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!