Idaho security deposit law

Security Deposit Laws in Idaho: What Your Landlord Can and Cannot Keep

Your landlord has 21 days under Idaho law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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Idaho security deposit return timeline

Deadline to return

21 days

Statute

Idaho Code § 6-321 (deadline, itemization, normal wear and tear); § 6-320(a)(4), (c), (d) (tenant's cause of action, relief, 3-day notice)

Refunds shall be made within 21 days IF NO TIME IS FIXED BY AGREEMENT, and in any event within 30 days after surrender of the premises by the tenant. A lease may fix a different period but 30 days is a HARD statutory ceiling. Any refund less than the full amount deposited must be accompanied by a SIGNED statement itemizing the amounts lawfully retained, the purpose for each, and a detailed list of expenditures made from the deposit. MANDATORY PRE-SUIT STEP (from § 6-320(d), NOT § 6-321): before a tenant has standing to sue, the tenant must give the landlord THREE DAYS WRITTEN NOTICE listing each failure and a written demand requiring performance or cure; only if uncured after 3 days may the tenant commence the action.

What can a landlord legally deduct in Idaho?

Allowed

  • ✓Amounts necessary to cover the contingencies specified in the deposit arrangement (e.g. unpaid rent, tenant-caused damage, cleaning, as written into the agreement)

Not allowed

  • ✗Normal wear and tear — statutorily defined as deterioration occurring from the use for which the unit is intended and without negligence, carelessness, accident, or misuse or abuse by the tenant, household members, invitees or guests

What if your landlord keeps your deposit wrongfully in Idaho?

MAJOR CORRECTION — THERE IS NO STATUTORY MULTIPLIER IN IDAHO. § 6-321 was read in full: it has exactly four subsections (deposit definition and normal wear; deadline and itemization; liability on change of ownership; separate trust account for third-party managers) and contains NO damages multiplier, NO attorney's fees provision, and NO demand procedure. The tenant's remedy is § 6-320(a)(4) ('Failure to return a security deposit as and when required by law'), and § 6-320(c) provides only that judgment 'shall be entered for the amount of the damages assessed,' plus specific performance where shown, 'and for costs and disbursements.' So: ACTUAL DAMAGES PLUS COSTS AND DISBURSEMENTS. The widely-circulated 'up to 3 times the amount wrongfully withheld plus attorney fees' is NOT supported by either section. DO NOT put a treble figure in an Idaho demand letter.

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Idaho Code § 6-321 (deadline, itemization, normal wear and tear); § 6-320(a)(4), (c), (d) (tenant's cause of action, relief, 3-day notice) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Idaho tenant rights resources

Every fact on this page is verified against Idaho's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Idaho.

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TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.