Idaho Security Deposit Law: No Cap, 21-Day Return

Idaho Code 6-321 governs residential security deposits. It imposes no maximum on the deposit amount, leaving it to the parties. Funds a tenant deposits for any purpose other than rent are deemed security deposits and must be refunded except for contingencies specified in the deposit arrangement. Refunds are due "within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant." A refund of less than the full amount must include a signed statement itemizing the sums retained, the purpose, and a detailed list of expenditures. The landlord may not retain any part of a deposit to cover normal wear and tear. The statute itself prescribes no damages, penalty, or attorney-fee provision.

Idaho Code 6-321 sets no statutory penalty, statutory damages, or attorney-fee award for a landlord who fails to return or itemize a deposit; a tenant's remedy is an ordinary civil action (often small claims) to recover the wrongfully withheld amount.