Idaho Mold Law: Tenant Rights, Disclosure & Insurance
Does Idaho license mold work?
No Idaho licensing or certification of mold assessors, inspectors, or remediators, and no state cleanup standards. The Idaho Department of Health and Welfare states flatly: "There are no federal or Idaho state laws that require mold inspections or set cleanup standards." DHW also states it "does not address legal disputes between tenants and landlords" and refers residents to local housing agencies, the Idaho State Bar Lawyer Referral Service, and Idaho Legal Aid. No mold classification exists under Idaho's general construction contractor registration regime.
Habitability: what landlords must provide
Idaho has no separately codified implied warranty of habitability; Idaho Code § 6-320 serves that function. It creates a tenant cause of action for a landlord's (a) "[f]ailure to provide reasonable waterproofing and weather protection of the premises"; (b) failure to maintain electrical, plumbing, heating, cooling, or sanitary facilities; (c) maintaining the premises in a condition hazardous to the tenant's health or safety; (d) untimely return of a security deposit; (e) breach of any lease term materially affecting health and safety; and (f) failure to install approved smoke detectors. The Idaho Supreme Court in Jesse v. Lindsley (Idaho 2008) described § 6-320 as "a statutory version of the implied warranty of habitability theory." Mold is NOT named; the "reasonable waterproofing and weather protection" clause and the health-and-safety-hazard clause are the two natural hooks for a mold claim. The statute does not apply to agricultural tracts of five acres or more. (Idaho Code § 6-320(a); Jesse v. Lindsley (Idaho 2008))
Notice and repair timeline
3 days. Idaho Code § 6-320 requires the tenant to give three days' written notice specifying the failure; the landlord then has three days to cure, and only if the landlord fails to remedy within that window may the tenant sue. Jesse v. Lindsley confirms the written-notice prerequisite is jurisdictional in practice — the plaintiff there lost standing under § 6-320 for failure to give written notice.
Tenant remedies
Idaho Code § 6-320 permits, after the 3-day notice-and-cure period: damages as assessed by the court or jury, "specific performance for any breach of agreement," and costs and disbursements. Idaho has NO statutory rent-withholding remedy and NO statutory repair-and-deduct remedy — this is a significant gap relative to Hawaii and Illinois. Constructive eviction is available at common law but I did not confirm a controlling Idaho decision. Jesse v. Lindsley separately holds that a broad exculpatory clause in a residential lease purporting to release the landlord from negligence liability is unenforceable as against public policy, and that a landlord owes a general duty "to exercise reasonable care in light of all the circumstances" — so an ordinary negligence claim can run parallel to § 6-320 without the notice prerequisite.
Selling a home: mold disclosure
Yes — statutory. Idaho Property Condition Disclosure Act, Idaho Code §§ 55-2501 to 55-2518. § 55-2506 requires the form to permit the transferor to disclose material matters relating to the property's physical condition, including water supply source, sewer system, structural condition (roof, foundation, walls, floors), and the presence of hazardous materials or substances. The statutory form at § 55-2508 asks about problems with, among other items, "Basement water," "Drainage," and "Roof condition and age," plus hazardous materials/pest infestations and a catch-all for "Other problems." Mold is NOT named on the statutory form; known mold would be disclosable as "Basement water," a hazardous substance, or an "Other problem," and misrepresentation exposes the seller to liability. An alternative form may be used if it contains the equivalent disclosures and the mandatory statements in § 55-2507. (Idaho Code §§ 55-2506, 55-2507, 55-2508)
Deadlines to bring a claim
Personal injury: 2 years — Idaho Code § 5-219(4) ("An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another"), with narrow discovery exceptions for foreign objects and fraudulent concealment. Real property damage: 3 years — Idaho Code § 5-218(2) ("An action for trespass upon real property"). Injury to goods/chattels: 3 years — Idaho Code § 5-218(3) ("An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property").
Insurance treatment of mold
No Idaho mold-specific insurance statute and no mold bulletin from the Idaho Department of Insurance was located. Mold sublimits and fungi/wet-or-dry-rot exclusions in Idaho homeowners policies operate under general form and rate review with no mold-specific mandate, minimum, or cap. Because Idaho DHW confirms there are no state cleanup standards, coverage disputes turn entirely on policy language (ensuing loss, sudden-and-accidental water discharge, and repeated-seepage exclusions).
Leading cases
Jesse v. Lindsley (Idaho 2008) — the most useful Idaho landlord-liability decision for mold practitioners: it characterizes Idaho Code § 6-320 as the statutory implied warranty of habitability, enforces the written-notice prerequisite strictly, and voids overbroad exculpatory clauses in residential leases while confirming a landlord's general reasonable-care duty. Worden v. Ordway, 105 Idaho 719 (1983) — cited by Idaho practitioners and by Jesse v. Lindsley for the § 6-320 notice requirement and landlord duties. No mold-specific Idaho appellate decision was identified.