Idaho Statewide Rule
Idaho Security Deposit Law: No Cap, 21-Day Return
Key Facts
- Deposit cap
- No statutory limit
- Return deadline
- 21 days (or up to 30 days if agreed)
- Itemized statement
- Required for any partial refund (signed)
- Statute
- Idaho Code 6-321
- Penalty
- None specified by statute (civil suit for amount withheld)
Summary
Idaho sets no statutory limit on how much a landlord may charge for a security deposit. Under Idaho Code 6-321, deposits must be refunded within 21 days, or within a longer agreed period not to exceed 30 days after surrender. Partial refunds require a signed itemized statement. The statute prescribes no specific penalty.
6-321. Security deposits. (1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests. (2) Refunds shall be made 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. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit. (3) If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Idaho?
How long does a landlord have to return a security deposit in Idaho?
What can a landlord deduct from a security deposit in Idaho?
Sources
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