Idaho Rental Law Overview
The genesis of Idaho’s rental laws is found in Title 55, Chapters 2 and 3 of the Idaho Code. Chapter 2 of Title 55 regulates the performance of landlord and tenant obligations. Idaho Statute § 55-208 requires that "[a]t all times during the tenancy, the tenant shall: (1) keep that part of the premises that he occupies and uses as clean and safe as the conditions of the premises permit; and (2) have all plumbing, heating, and other facilities and appliances, including elevators, if their use is provided in the tenancy, in a clean, safe and usable condition." Chapter 3 of Title 55 regulates residential (and certain commercial) tenancies through the Residential Rental Property Act. Idaho Statute § 55-203(8)(e) requires that landlords provide the "structure and exterior" of the premises "suitable for human habitation" and "comply with applicable building codes materially affecting health and safety . " Idaho Statute § 55-204(1)(b) requires that landlords ensure the "plumbing, heating, and other facilities and appliances . . . are in good working order." Idaho rental laws do not differentiate between types of flooring, and do not require that landlords provide hard-surface flooring to any specific standard. On the other hand, carpet generally would not be characterized as a "facilities" or "appliance" that requires maintenance. Thus, if you have a lease that states the linen closet has carpet in it, it is likely the landlord is beholden to maintain that carpet as long as it exists. However, if your lease states the unit has a hardwood floor, it would be hard to argue that your landlord has any duty to maintain carpeting.
Rights and Responsibilities for Tenants
Idaho tenant rights and responsibilities center on the landlord, not being responsible for normal wear and tear. "Normal wear and tear" is a legal term meaning damage to the property under normal use and given time. Such damage to a rental property typically includes small nail holes, a couple of worn carpet spots, an exterior wooden step with some chipped paint, or a broken lightbulb. In comparison, any single deep stain in the carpet from red wine or a broken window are not the result of normal wear and tear and a landlord in Idaho may legally deduct the cost of cleaning or replacement from the tenant’s security deposit if the terms of the lease agreement allow for it.
A landlord may charge a tenant for carpet repair in Idaho if the damage is not normal wear and tear. Carpet that is deeply stained, torn, burned or that has one or more permanent stains is not normal wear and tear. The carpet needs to be cleaned or replaced and the tenant can legally be held accountable for the cost to the property owner. If an apartment tenant brings a pet inside and the carpet is badly soiled from animal excrement, the tenant is responsible for the cost of replacement.
Idaho law requires tenants to use all fixtures properly, to not willfully destroy, deface or damage the premises and to not partake in human behavior that destroys the property. A tenant in Idaho is responsible for keeping the property clean and free from debris, trash or harmful materials. Where Idaho law states that a landlord is not required to maintain property, a landlord cannot rent to tenants that are destructive and that illegally use their residence. A tenant’s personal behavior that destroys property is known legally as "conduct that constitutes a nuisance" and may lead to a landlord requiring the tenant to leave the premises.
Landlord Duties for Carpet Replacement
Carpet replacement generally falls under the obligation of the landlord to maintain the premises during the term of a lease. However, understanding who is liable for replacing or maintaining carpeting and, when, can be confusing.
There is no special requirement under Idaho law to replace carpet during the term of a residential lease, but a landlord does have the general obligations of maintaining the premises in a habitable condition and making necessary repairs to those premises. With respect to carpets, this means the landlord must not allow the carpet(s) to become unreasonably soiled or in disrepair.
With respect to when a landlord should replace carpet, there may be such obligations depending upon what the parties negotiated and agreed to in the lease. First, if the lease includes an obligation on the part of the landlord to provide new carpet at the time of execution, that obligation would become one of contract, and breaches of that contract can be enforced through the court system. Second, if the carpet becomes soiled as a result of normal wear and tear (as opposed to abuse or neglect on the part of the tenant), the landlord may be required to replace the carpet before the tenant vacates. In either of these scenarios, the obligations are dictated by either the contract or the circumstances of the tenancy and associated normal wear and tear.
The Idaho case of Shane v. St. Maries Stock Yard & Coop Ass’n, 113 Idaho 220 (1987) confirms the general obligations of a landlord with regard to maintenance, including carpeting:
[T]he duty to provide habitable premises requires that the landlord not only [provide]…a structurally safe structure, sanitary water and sewage disposal facilities, adequate and safe heating, and an envelope for protection from the elements, but also requires the landlord to exercise an affirmative and reasonable degree of judgment and care to maintain the premises.
Id. at 224 (citations and internal quotations omitted). In addition, the Idaho Supreme Court in the Shane case made clear that the tenant does not have any burden to request maintenance of the premises, but rather the landlord has the burden to respond to a tenant’s request for maintenance of the premises.
More broadly applicable is the Idaho Residential Landlord Tenant Act ("IRLTA"). Though it does not address carpet replacement specifically, it does apply to all leases containing provisions similar to those found in a typical lease agreement. The IRLTA requires landlords to "make all repairs and do whatever is necessary to put and keep the place rented … [in] a fit and habitable condition." I.C. § 6-303(1).
The IRLTA provides that the landlord has obligations for the following repairs and services: I.C. § 6-304. If a tenant complains to the landlord about a condition of the rental unit, a landlord is obligated to make such repairs within a reasonable time. I.C. § 6-305. If the landlord fails to make these repairs, the tenant is entitled to withhold rent, repair the defect and deduct expenses from future rent, or break the lease and vacate the premises. I.C. § 6-307. The landlord is then to make immediate entry and repairs, and the tenant is entitled to a rent decrease for the days attempting to make the repairs. If he fails to do so, the tenant is entitled to recover the damages caused by the lack of repairs. I.C. § 6-308.
In Troy Dohrmann’s case, the question is squarely whether the replacement of carpet in the rental unit became necessary during the term of his lease, and whether it was due to normal wear and tear or the tenant’s fault.
Carpet Replacement: When Required
"The Idaho Preservation of Rental Housing Act recognizes both ordinary wear and tear and ordinary renewal in terms of acceptable carpet condition. While the act includes several factors to consider in determining whether carpet must be replaced, how those factors apply to particular property is a matter of fact. Therefore, whether carpet must be replaced based on a landlord’s compliance with the Idaho Preservation of Rental Housing Act will turn on the specific facts at issue."
When the local rental laws contain standards for conditions of rentals, landlords cannot ignore those standards. Idaho rental law lists several factors that must be considered in determining whether your tenant must replace the carpet upon vacating the premises. Each rental property presents circumstances that are unique. So, when a tenant has vacated, a careful assessment of the condition of the carpet must be performed to determine whether the carpet must be replaced under applicable law.
Idaho rental law states that when any person rents rental housing, the following conditions exist and are active obligations of all persons in lawful possession of rental housing:
Where we see landlords most commonly run into issues is when a tenant vacates and the carpet is worn or badly stained. A grossly dirty carpet sounds like normal wear and tear that requires no replacement, right? Wrong!
When it comes to used carpet, I have seen landlords willingly replace it every time it is turned over for new tenants. That is because some landlords appreciate the new carpet smell and want the best condition possible for the next tenants. However, state law does require replacement in certain circumstances. And failing to replace when replacement would be required under applicable law could result in the tenant filing an action for noncompliance. Make sure that when you are ready to re-rent your property, you are complying with the law.
Resolving Carpet Disputes
Now that you understand the carpet replacement law in Idaho, you may find yourself in a dispute over whether the carpet is old and/or dirty enough to replace. First, I must recommend that you start with communication between landlords and tenants. It is always best to reach an agreement outside of court, if possible. To do that, both parties should keep records during the lease of any damage or wear on the carpet. Taking pictures of stains and wear will go a long ways toward helping the tenant or landlord prove that the carpet needs to be replaced. I also recommend that both tenants and landlords document all conversations they had on the phone , via text or email, to help prove their version of events.
If those methods do not work, but the tenant still believes that the carpet needs replaced, they can use a 3rd party (a mediator). You can find mediators in many ways. The Idaho Court System has a page on mediation and mediation options for Landlord/Tenant disputes. The Idaho Supreme Court has a volunteer mediation program that allows for mediation for small civil matters. Another option is contacting your local lawyer or legal aid office about finding a mediator to help settle your dispute.
Carpet Preventative Maintenance for Tenants
To ensure that your carpets have the longest lifespan possible, and to avoid any disputes with your landlord, consider performing the following preventative maintenance tips every 3-6 months during your tenancy:
-Vacuum carpets regularly, at least on a weekly basis and more often in high traffic areas or if you have pets. Paying particular attention to the edges where carpets meet the walls, as this is often where dirt and grime will build up and stains can occur.
-Consider using area rugs or runner carpets in high traffic areas. Not only do they add to the decorative nature of your home, but they also help cover areas that would have been subject to more foot traffic which could lead to damage to the carpet underneath, such as dirt from shoes. Area rugs are also removable to allow for easy cleaning or replacement if they become worn or damaged. You should be aware, however, that some landlords may consider area rugs as an additional item that can be charged against you at move out.
-Clean pet accidents immediately. If an animal urinates on a carpet, this can lead to odors and stains (stripping the carpet of color in some instances). Urinate can be cleaned up with a simple wet rag, but if there is a stain, consider a product that contains oxalic acid. Pets that shed also require careful attention as their shedding can lead to dirtier carpets over time.
-Consider having carpets professionally cleaned approximately every year. Having carpets steam cleaned can assist in removing dirt and mold that a standard vacuum cannot remove. If you have pets, you may also want to keep on hand a carpet cleaning solution that breaks down animal urine.
-A void having a lot of furniture on your carpet. This can cause long-term "carpet-furrows" that can be hard to remove. If necessary to have furniture in the area of the carpet, make sure to switch around the location of furniture every so often; and never replace furniture in same location, as this will create the same issue over time.
-Consider getting rid of shoes or changing shoes before entering your home. Not only can transferring dirt and debris into the house create problems with your carpet, but it can also create problems with wood floors and the other flooring in your home. If you plan to change your shoes before entering the home, make sure to consider where you will be changing your shoes (the front porch, for example, or inside the unit) and arrange for carpet cleaning accordingly.
Remedies for Carpet Replacement Issues
If you find yourself on the receiving end of a landlord or tenant’s carpet replacement request or demand and a violation of Idaho rental laws appears to be at issue, knowledge of your legal recourse can save you a lot of headache.
Small Claims Court
If the security deposit is returned in part only, the tenant may sue in small claims court for the full amount of the security deposit. Alternatively, the tenant can demand the return of the balance of the security deposit. In the event the tenant has had his or her security deposit withheld without justification or a full accounting of the damages, the law allows the tenant to sue in the small claims division of the local magistrate court for double damages . In Idaho, that amount can be up to $1,000.00 plus costs. Note that recovering attorneys’ fees is generally not an option, although the statute does refer to the possible award of reasonable attorneys’ fees and costs.
Tenant Advocacy Groups
Another source of information regarding carpet replacement requirements and tenant rights are tenant advocacy groups such as the Idaho Legal Aid Society and the Coalition of Idaho Renters (the "Coalition). For example, the Coalition, which is based in Coeur d’Alene, provides legal information and referrals on the rights all tenants have under Idaho law, including carpet replacement requirements of landlords and detailed information on unlawful detainer forms.