Some Idaho landlords overcharge tenants for property damage. Help may be coming soon

Updated Friday, Feb. 21, with House passage of Wintrow’s bill and a revised explanation of the bill.

Attempts to regulate Idaho’s housing market have been few and far between in the Legislature, but this year, two bills introduced by representatives seek to protect Idaho renters by placing limits on property managers.

A bill by Rep. Melissa Wintrow, D-Boise, aims to define a process for landlords and tenants by requiring shared walk-throughs at the time of move in and move out. Wintrow’s bill, House Bill 462, also aims to establish “reasonable limits” on fees. The bill would require a landlord to give a tenant an itemized invoice for any repair or cleaning beyond normal wear and tear.

This, she says, is to “ensure housing is available in the market for all people,” with the goal of helping employees and community members “reasonably afford housing and understand their obligations and rights under the law.”

A former state attorney general and Idaho Supreme Court justice, Jim Jones, showed up at a House committee hearing Wednesday to testify in favor of Wintrow’s bill.

“It’s not asking a whole lot — it’s what a landlord should do anyway,” Jones said.

“It makes a tremendous difference to low-income people,” he said. “And they’re the ones that are least likely to go to court to defend against a claim, because they don’t have the money to hire a lawyer.”

“It’s a protection for both parties,” he added. “And if they trash the place, you’ve got the evidence there.”

Jones said the process of finding another place to live after moving out is becoming increasingly difficult across the state, especially if one’s credit is affected by a bogus property-damage claim. For this reason and others, he said, dings on a tenant’s security deposit should come with explanation.

“I did some pro bono for a few tenants around here in the Treasure Valley, and some of the property managers — not all of them, but some of them — stack charges on,” he said. “They want to get new carpet, they want to get the apartment painted, they want to replace the appliances.”

Wintrow said the bill would have no effect on the state’s general fund. “Some property owners may see a slight decrease in revenue due to establishing reasonable limits on late fees,” she wrote.

The bill passed the House Judiciary and Rules Committee on Friday, Feb. 21, sending it to the full House.

45 days’ notice of rent increase

A second bill considered Wednesday would require 45 days’ warning before a landlord raised a tenant’s rent more than 10%. State law now requires 15 days’ notice.

House Bill 459 is sponsored by Reps. Jarom Wagoner, R-Caldwell, and Ilana Rubel, D-Boise.

“I think we’ve all rented at one point in our lives, and it just would have been nice to have time to find a new place if we needed to,” Wagoner said.

“It’s not rent control,” said Rubel. “Your landlord can raise your rent 400% if they want. They can raise it as much as they want.”

Jodi Peterson-Stigers, executive director of Interfaith Sanctuary homeless shelter in Boise, testified for the bill.

“We’ve been at capacity for over a year and a half,” said Peterson-Stigers. “And a family that is on a waiting list for housing is at a year and a half, and so I think this is a good first step for trying to hold people in place, so we have a little bit more ability to hold the people who have fallen out.”

The Idaho Statesman contributed.

This story was originally published February 20, 2020 at 1:37 PM.