When The Landlord Will Not Fix It
Idaho Code § 6-320 — three days' written notice, then a suit for damages and an order to fix it, with a trial within twelve days
- Reasonable waterproofing and weather protection.
- Electrical, plumbing, heating, ventilating, cooling and sanitary facilities the landlord supplies, in good working order.
- Premises not kept in a way hazardous to the tenant's health or safety.
- The terms of the lease that materially affect health and safety.
- Approved smoke detectors in each unit, working when the rental begins.
A tenant may sue the landlord for damages and an order to perform over a failure in any of those.
Three days' written notice first. Before suing, the tenant gives the landlord three days' written notice listing each failure and demanding it be cured, delivered personally, left with an employee at the landlord's place of business, or sent by certified mail, return receipt requested.
In a suit only for specific performance, the court schedules a trial within twelve days of filing. Damages may be entered at three times the amount assessed, and otherwise the winning side is awarded attorney fees.
Where smoke detectors are missing, a tenant may give certified written notice and, if they are not installed within seventy-two hours, install them and deduct the cost from next month's rent. Withholding rent for other repairs is not in the section. A particular dispute is a question for a licensed Idaho attorney.
Sources for this section (4)
- Idaho Code § 6-320 — Action for damages and specific performance by tenant
- Idaho Code § 6-323 — Service of notice to landlord
- Idaho Code § 6-317 — Treble damages
- Idaho Code § 6-324 — Attorney fees
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.