What must a rental agreement in Idaho contain?

Idaho Code §55-2007(1) requires the rental agreement to contain at minimum: (a) terms for payment of rent including time, place, and a description of other charges; (b) a description of utilities and services included in monthly rent; (c) the community rules; (d) the names and addresses of the manager and community owner or authorized in-state agent; and (e) the conditions under which any deposit may be withheld.

Can a park refuse to approve a buyer as a new tenant?

Under §55-2009(4), the landlord must evaluate a prospective buyer 'on the same basis that the landlord approves or disapproves of any new resident' and must provide written notice of approval or disapproval within five working days. The landlord may decline applicants who do not meet standard resident criteria, but the review must be applied consistently.

Are there any prohibited provisions a buyer should watch for in an Idaho rental agreement?

Yes. Idaho Code §55-2007(2) prohibits rental agreements from containing: (a) any waiver of rights under Chapter 20; (b) entrance or exit fees; and (c) provisions that unreasonably restrict access by resident invitees. Any such provision in a rental agreement is unenforceable under §55-2004.

Buying a manufactured home in Idaho

Q: Does a buyer who is keeping the home in the park need a new rental agreement?

Yes. Idaho Code §55-2009(3) requires that 'a new rental agreement must be signed between the landlord and a prospective resident prior to the sale, transfer, assignment or subletting of the home if the home is to remain in the community.' A buyer cannot simply inherit the seller's lease.

When purchasing a manufactured home that will remain in an Idaho community, a buyer becomes a new lot tenant subject to the Manufactured Home Residency Act (Idaho Code Title 55, Chapter 20). The Act sets out what the rental agreement must contain, what a landlord may not include in it, and how the park's approval process works. The description below covers the general framework; for a specific transaction, consider consulting a licensed attorney in Idaho.

What the statute says

Idaho Code §55-2005(1) establishes the written agreement requirement:

A written rental agreement or lease shall be executed in duplicate by the landlord and the prospective resident, each to receive a copy.

The same section requires the landlord to provide community rules to an applicant when they apply and before the agreement is executed.

Idaho Code §55-2009(3) ties the home sale directly to a new agreement:

A new rental agreement must be signed between the landlord and a prospective resident prior to the sale, transfer, assignment or subletting of the home if the home is to remain in the community.

On what the agreement must contain, §55-2007(1) requires disclosure of:

(a) The terms for the payment of rent, including the time and place for payment, and a description of any other charges; (b) A description of the utilities and services which are included in the monthly rent; (c) The rules of the community; (d) The names and addresses of the manager of the community and the owner of the community or a person who resides in the state who is authorized to act as agent; (e) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination.

Prohibited provisions in §55-2007(2) include waivers of Chapter 20 rights, entrance and exit fees, and provisions that unreasonably restrict access by resident invitees.

How it works in general

Buying a manufactured home in an Idaho community involves two distinct legal steps. The ownership of the home itself transfers through the Idaho Department of Transportation's title system (Idaho Code Title 49, Chapter 5). The right to occupy the lot is governed separately by the Manufactured Home Residency Act, and a new rental agreement must be signed before the sale is complete. The landlord may screen the buyer as a prospective tenant, but must apply the same criteria used for any new resident and respond within five working days.

Common scenarios

General situations Idaho manufactured home buyers commonly encounter:

A buyer completes a purchase agreement with the seller but has not yet applied to the park. Under §55-2009(3) and §55-2005, the new rental agreement with the landlord must be executed before the home transfer is complete.
A prospective buyer asks to review the community rules before signing. Under §55-2005(1), the landlord must provide those rules when the buyer applies.
A buyer receives a proposed rental agreement that includes an entrance fee provision. Under §55-2007(2)(b), that provision is prohibited and would be unenforceable under §55-2004.
A park takes more than a week to respond to a buyer's tenancy application. Under §55-2009(4), the landlord's written approval or disapproval is due within five working days.

Other authorities that may apply

Chapter 20 governs the lot tenancy, but the purchase of the home itself is governed by Idaho contract law and the IDT title transfer process (Title 49, Chapter 5). If the home was manufactured after June 15, 1976, the HUD Code construction and safety standards (adopted by Idaho through §39-4003) set the structural baseline. The Fair Housing Act and other federal laws can apply. Any lien on the home from a previous owner must be cleared through the lender before or at the time of sale, and §55-2009E requires that exterior inspection access be permitted before a lien sale of an abandoned home is conducted.