https://www2.state.id.us/ag/consumer/manuals/LandlordTenant.pdf IMPROPER LEASE PROVISIONS
Lease agreements should not include any unlawful or unenforceable terms, including incorrect or
misleading statements of the law. Examples of such provisions include those that:• purport to limit the landlord’s liability in situations that conflict with the duties and
responsibilities that Idaho law imposes upon the landlord; < that was cut from page four. MAINTAINING THE RENTAL PROPERTY
Landlords and tenants have different responsibilities when it comes to maintaining the rental
property. Usually, the lease agreement outlines the specific obligations of each party. However,
the law also places certain property maintenance duties on both landlords and tenants.
THE LANDLORD’S DUTY TO KEEP THE PROPERTY SAFE AND HEALTHY
Landlords must maintain the premises to protect a tenant’s safety and health. In that regard,
landlords must comply with city and county ordinances and state laws regarding housing
conditions.
The following are examples of housing conditions that constitute violations:
• Structural deterioration, including cracked and crumbling walls and ceilings and broken
or missing doors and windows;
• Defective plumbing, including a broken toilet, lack of hot/cold water, absent sinks or
bathing facilities and serious leaks;
• Exposed wiring;
• Nonfunctioning heating units;
• No means to remove or store garbage;
• Insect infestations;
• Leaking roof or walls from insufficient waterproofing or weather protection; and
• Dismantling or not installing smoke detectors. This was cut from pages 6 and 7 THE TENANT’S REMEDIES WHEN THE LANDLORD FAILS TO MAINTAIN THE
RENTAL PROPERTY
Notice of Violation
To require the landlord to maintain the property, the tenant first must provide the landlord with a
written list of the violations. The tenant can deliver the notice in any of the following ways:
a. In person;
b. By certified mail; or
c. By leaving it with an employee at the landlord’s usual place of business.
Three-Day Rule
The landlord has three days to fix the violation. Failure to do so allows the tenant to sue the
landlord to force compliance.
Service
So send your LL a letter via 2 ways confirmed delivery mail and certificate of mailing, yes two copies, certificate of mailing is just over a dollar with postage and confirmed mail delivery a few dollars more , this way there is no way the LL can claim later on you have not complained , If the LL were to try to claim that you had not reported it to him/her. BTW depending on tank size it might have to be pumped sooner than 3 yrs , if it is a ancient system that has two 500 gallon tanks and your household has more than 2 people it might have to be done every other year or even every year. if its a larger system even every two years is not so bad. BUT anyway have it pumped and if the problem returns send the complaint in writting to the LL and if the LL still will not repair it then call city county inspections or zoning desk and tell them about the problem and ask if they can send some one out to look at it. If they wont send someone and LL still will not repair then sue the LL in court for breach of lease asking the court to cancel the lease for you.