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Building Codes & Habitability — Idaho

Warranty of habitability, repair obligations, and city rental programs

State Habitability Standard

Implied warranty of habitability under state landlord-tenant law
Contact local housing authority for specific statutory citations and requirements.

Minimum Habitability Requirements

  • Structural safety: sound roof, walls, floors
  • Working plumbing and hot water
  • Adequate heat
  • Working electrical systems
  • Pest-free premises
  • Smoke and carbon monoxide detectors

Repair Obligations & Tenant Remedies

?
Rent Withholding
Consult local housing code — varies by condition severity

Idaho does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult Idaho Code §§ 6-301 et seq. (Forcible Entry and Unlawful Detainer) for current tenant remedies.

City-Level Rental Programs

Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.

Known Idaho cities in our database: check major cities in Idaho above for city-specific programs.

Governing Statute

Idaho Code §§ 6-301 et seq. (Forcible Entry and Unlawful Detainer)

Read the full statute →

Code Details — Idaho

Relevant building code and habitability requirements from our corpus:

Building Codes — Idaho (ID) Rental Housing
Building Codes — Idaho (ID) Rental Housing
Adopted code: Idaho State Building Code based on 2018 IBC/IRC. Habitability statute: Idaho Code §55-2002 (Residential Landlord and Tenant Act). Heating: landlord must provide working heating equipment; no specific minimum temperature by state law. Smoke detectors: required on each floor and outside each sleeping area; landlord installs; battery or hardwired (Idaho Code §39-6603). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Idaho Code §39-6605). Repair-and-deduct: yes — after written notice and landlord failure within 3 days (emergency) or 30 days (non-emergency); cap is $300 or half month's rent. Notable: Boise has a local housing code enforcement program. Idaho preempts local rent control. No state income tax break specifically for rental income.
Building Codes — Hawaii (HI) Rental Housing
Building Codes — Hawaii (HI) Rental Housing
Adopted code: Hawaii State Building Code based on 2018 IBC with local amendments per county. Habitability statute: HRS §521-42 (Hawaii Residential Landlord-Tenant Code). Heating: Hawaii's climate makes heating requirements less relevant; landlord must maintain all systems in working order; no cold-weather heating season defined. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (HRS §132-7.5). CO detectors: required in all residential units with fuel-burning appliances (HRS §132-8). Repair-and-deduct: yes — after written notice and landlord failure within reasonable time; cap is $500 or one month's rent. Notable: Hawaii has the highest housing costs per capita of any state; Honolulu has explored rent control. Owner-occupied rentals under 6 units are regulated by county. Each county (Honolulu, Maui, Hawaii, Kauai) has its own building permit office and inspection program.
Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
City Building Codes — Denver, CO
City Building Codes — Denver, CO
Denver Community Planning and Development (CPD) enforces Denver Building and Fire Code, based on 2021 IBC/IFC with Denver amendments. Denver Residential Rental License: all residential rental units in Denver require a license from CPD; fee per unit; first-time rental units require inspection. Denver Minimum Housing Standards: incorporates IPMC with Denver additions; specific standards for heating, ventilation, and lighting. Heating: Denver requires 68°F minimum in all habitable rooms (local ordinance). CO detectors: CO Rev. Stat. §38-12-102.5 requirement applies. Denver Just Cause Eviction: adopted 2023 — landlords must state a valid reason from enumerated list for eviction after 12 months of tenancy. Denver Fair Housing: Denver Human Rights and Community Partnerships enforces local fair housing ordinance including source-of-income discrimination prohibition (Section 8 tenants must not be refused). Unique: Denver Short-Term Rental (STR): registration required; limited to primary residence only.
Building Codes — North Dakota (ND) Rental Housing
Building Codes — North Dakota (ND) Rental Housing
Adopted code: North Dakota Building Code based on 2018 IBC; enforcement is local. Habitability statute: NDCC §47-16-13 (landlord's duties). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required on each floor and outside sleeping areas; landlord installs; battery or hardwired (NDCC §18-09-07). CO detectors: required in all residential units with fuel-burning appliances (NDCC §18-09-07.1). No repair-and-deduct right. Tenant remedy: terminate lease after 14-day notice and failure to repair essential services. Notable: North Dakota preempts local rent control. Fargo and Bismarck have local housing code enforcement. ND oil boom areas (Williston) have had acute housing shortages with limited code enforcement capacity.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing
Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
City Building Codes — Washington, DC
City Building Codes — Washington, DC
DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
Building Codes — Iowa (IA) Rental Housing
Building Codes — Iowa (IA) Rental Housing
Adopted code: Iowa State Building Code based on 2018 IBC/IRC; local enforcement primary. Habitability statute: Iowa Code §562A.15 (Uniform Residential Landlord and Tenant Act). Heating: Sept 1 through June 1; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (Iowa Code §100.18). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Iowa Code §100.35). Repair-and-deduct: yes — after written notice and landlord failure to repair within 7 days (or 24 hours for essential services); cap is $300 or half month's rent. Notable: Iowa City has strict local housing inspection program including annual inspections for rental properties. Iowa preempts local rent control.
Building Codes — South Dakota (SD) Rental Housing
Building Codes — South Dakota (SD) Rental Housing
Adopted code: South Dakota State Building Code based on 2015 IBC; enforcement is local. Habitability statute: SDCL §43-32-8 (landlord's duty to maintain). Heating: Oct 1 through April 30; landlord must provide working heat; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (SDCL §34-32-1). CO detectors: not required statewide. No repair-and-deduct right. Tenant remedy: terminate lease after 5-day notice and failure to provide essential services; sue for damages. Notable: South Dakota preempts local rent control. Sioux Falls has local housing code enforcement. South Dakota has minimal residential landlord-tenant law compared to most states; courts rely heavily on common law.
Building Codes — Alabama (AL) Rental Housing
Building Codes — Alabama (AL) Rental Housing
Adopted code: Alabama Building Code based on 2018 IBC; enforcement is by counties and municipalities. Habitability statute: ALA Code §35-9A-204 (Alabama Uniform Residential Landlord and Tenant Act — URLTA). Heating: landlord must provide working heating equipment; no specific minimum temperature in state law; courts apply 68°F as baseline. Smoke detectors: required in each sleeping room and on each floor (ALA Code §24-9-11); landlord installs; battery or hardwired. CO detectors: no statewide requirement as of 2024. Repair-and-deduct: yes — after written notice and 14-day failure; cap is $200 or half month's rent. Notable: Alabama preempts local rent control. Birmingham and Huntsville have local housing codes. Alabama's URLTA was substantially modernized in 2006 and covers most residential tenancies.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.