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Senate Bill 1088 — Residential tenants, fees

Senate Bill 1088 — Residential tenants, fees

Parrish Miller
February 12, 2021

Bill Description: Senate Bill 1088 regulates contracts between property owners and tenants.

Rating: -1

Amendment Analysis: The amendment to Senate Bill 1088 changes both the rating and the analysis. The original version of Senate Bill 1088 imposed the subjective requirement that "any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable." The amendment removed this language. 

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Senate Bill 1088 creates Section 6-303A, Idaho Code to say that "A landlord's authority to impose any fees on a residential tenant shall be disclosed in the lease or other written notice, and for any change to such fees, the landlord shall provide not less than thirty (30) days' notice, in writing, to the tenant."

This is an increase in regulation, an encroachment on property rights, and a heavy-handed attempt to micromanage the terms of a private contract. 


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