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Washington vs. Idaho Landlord Laws: Should Spokane Investors Cross the Border?

Washington vs. Idaho Landlord Laws: What Spokane Investors Should Know Before Buying in Post Falls or Coeur d'Alene

The drive from downtown Spokane to Post Falls takes about half an hour. The legal distance is a lot further than that.

We hear the same thing from owners several times a month now, usually some version of: I'm done with Spokane and the state, I want to liquidate my portfolio and move to Idaho. It's a fair (and emotionally charged) statement, and the honest answer is that Idaho is meaningfully easier to operate in. But easier is not the same as better, and a few owners have crossed the border on the strength of the law alone and been unpleasantly surprised by everything else.

Rent increases

This is the legislation that started the conversation in 2025.

Washington capped rent increases statewide in 2025. For increases taking effect in 2026, the maximum is 9.683% over any twelve month period. The formula is the lesser of 7% plus regional CPI, or a ceiling of 10%. The Dept of Commerce recalculates it every July for the following year. You cannot raise rent at all during a tenant's first twelve months, and after that you're limited to once every twelve months.

The notice requirements matter as much as the number. You need 90 days written notice (some local governments, like Spokane require more than 90 days) for an increase of any size, and you have to use the form the Department of Commerce publishes. A notice that doesn't use the required form is void. We have seen owners serve a perfectly reasonable increase on a template they downloaded off the internet and have the whole thing thrown out.

There are 2 exemptions: Buildings less than twelve years old are exempt, and so are owner occupied properties of four units or fewer. That twelve year window moves, which means a 2015 built Spokane fourplex is covered in 2026 and a 2016 building isn't. 

Idaho has none of this. There's no state cap, and local governments are barred from enacting rent control of their own. For a month to month tenancy you give notice and raise the rent. Most owners work off 30 days.

That's a real operating difference, particularly on a property where you inherited below market rents and want to bring them up over two or three years.

Ending a tenancy

Washington has required just cause since 2021. Under RCW 59.18.650, you can only end a tenancy for one of sixteen enumerated reasons, and each one carries its own notice period. Nonpayment is a 14 day pay or vacate on a state mandated form. A lease violation is 10 days to cure. Waste, nuisance, or criminal activity is a 3 day notice with no cure. Moving into the property yourself, or selling a single family rental, requires 90 days notice, and if you claim owner occupancy and don't actually move in, you could be exposed to a bad faith claim.

The month to month tenancy that you simply decline to renew no longer exists in Washington for most rentals. As a general rule, we do not allow tenancy on a month to month basis because of the inability to remove a paying tenant outside of non-payment or lease violations.

Idaho does not require just cause. A landlord can end a month to month tenancy with 30 days notice for any non discriminatory reason, and doesn't have to explain it.

When a tenant stops paying

In Washington: a 14 day notice on the statutory form, then an unlawful detainer filing, then a hearing. Uncontested, most Spokane County cases run around 60 days from first notice to lockout. Contested, the process will be longer. The tenant can defeat the whole action by paying in full within the 14 days, and in some circumstances after that.

In Idaho: a 3 day notice, file, hearing typically within twelve days, writ, three days to vacate. Twenty one to thirty five days is normal.

That gap is roughly a month of rent on every nonpaying tenant, and it's the single largest dollar difference between the two states.

Security deposits

Washington's rules are strict enough that we wrote a separate article on them, but the short version: you cannot lawfully collect a deposit at all unless you have a written rental agreement and a written condition checklist signed and dated by both you and the tenant. No signed checklist, no damage deductions at move out, regardless of what the tenant did to the place. This is the biggest challenge we see when taking over management from another company, or the owner. More often than not, there is no signed move in report signed by the current tenant. You have 30 days after termination and vacation to return the balance with an itemized statement backed by receipts or estimates. Miss it and you owe the full deposit. Refuse in bad faith and a court can award up to twice the deposit plus attorney fees!

Idaho has no move in checklist requirement. The return deadline is 21 days by default, extendable to 30 if your lease says so, with an itemized statement. Bad faith retention can bring triple damages, but the paperwork burden is a fraction of Washington's.

Screening and income source

Washington prohibits refusing an applicant because of the source of their income, which includes housing vouchers. If you use an income multiplier, you have to subtract the voucher portion from the rent before you apply it. Idaho has no equivalent state mandate.

So should you buy in Kootenai County?

Maybe. But not because of any of the above.

The law is only one point of consideration. A few things worth weighing against it:

  • Price. Coeur d'Alene has not been a bargain for a decade. We are seeing roughly a 20% premium in purchase price when you buy in Kootenai County vs Spokane County. But average rents do not reflect that same 20% premium. You may find that the friendlier statute is already priced into what you pay per door, in which case you've traded a legal headache for a lower yield.
  • Your actual failure rate. The Idaho eviction advantage is worth real money if you evict people. If you screen well and haven't filed an unlawful detainer in six years, you're optimizing for a problem you don't have.
  • Operating across a line. Two states means two lease templates, two notice regimes, two sets of deadlines, and a bookkeeping split at tax time. Most Spokane contractors will not cross the border for a $300 job, and most Kootenai County ones won't come the other way. If you own three properties in Spokane and buy a fourth in Post Falls, you have not expanded a portfolio. In many cases, have started a second one.
  • The rent cap may bind less than you think. Spokane County asking rents grew 0.6% over the past year. The 2026 ceiling is 9.683%. For most owners in this market, the cap has not been the constraint. Vacancy has. The exception to this is when it comes time to sell and your rents are under market. It can take many years of rent increases to justify a price based off of market rents.

Owners tell us they're leaving Washington over rent control while running units 8% under market and losing six weeks between tenants. The statute isn't what's costing them. But the principle of legislating rent control is taking precedence over actual cash flow constraints.

Where we land

If you're buying in North Idaho because you found a good property at a price that works, the legal environment is a genuine bonus and you should take it. If you're buying in North Idaho to escape Washington, run your numbers on your current portfolio first. In a lot of cases the fix is closer to home than the state line.

We manage on both sides. Happy to look at either.

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