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House Bill 164 — Leases, 60 day nonrenewal notice

House Bill 164 — Leases, 60 day nonrenewal notice

Parrish Miller
February 21, 2023

Bill Description: House Bill 164 would impose new regulations on property owners and their tenants.

Rating: -1

NOTE: House Bill 164 is one of several bills introduced this session to limit the scope of voluntary contracts between property owners and renters or prospective renters. 

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

House Bill 164 would amend Section 55-307, Idaho Code, which currently requires property owners to give notice of at least 30 days before increasing the rent or not renewing a lease. 

This bill would increase the required notice regarding nonrenewal of a lease to 60 days, and it would impose a similar requirement on tenants, saying they, too, must provide at least 60 days notice if they choose not to renew a lease. 

It further stipulates that if neither party gives the required 60-day notice, "the lease between the parties shall continue after termination of the lease period on a month-to-month basis until sixty (60) days written notice of a termination date is given."

In addition to restricting the freedom of contract, this bill creates a burdensome and unnecessary regulation that undermines the flexibility of a month-to-month rental agreement. It should be noted that this regulation burdens both property owners and tenants. 


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