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Idaho security deposit law

Source: Idaho Code §§ 6-320, 6-321 · Checked against the statute

Maximum deposit
No statutory limit.
Return deadline
21 days after the tenant gives up the unit (No other time set in the lease); 30 days after the tenant gives up the unit (Lease sets a different time)
If the landlord keeps it wrongly
In an action under § 6-320 for failure to return a deposit, the court may enter judgment for three times actual damages (§ 6-317). Otherwise the prevailing party gets attorney's fees (§ 6-324).

Calculate your Idaho deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Refund the deposit within 21 days after the tenant surrenders the unit, unless the lease sets a different time.
  • Whatever the lease says, the refund must be made within 30 days after surrender.

The statute does not address forwarding addresses.

Itemized list of deductions

Required: Yes. A partial refund must come with a signed statement itemizing amounts kept, the purpose of each, and a detailed list of expenditures made from the deposit.

What can and can't be deducted

The landlord may not keep any deposit for normal wear and tear, defined as deterioration from the intended use of the unit without negligence, carelessness, accident, misuse, or abuse by the tenant, household members, or guests.

Nonrefundable fees

Any money paid to a landlord for a purpose other than rent is a security deposit (§ 6-321(1)). The Attorney General's manual says rent is nonrefundable and deposits are refundable.

Interest, bank account and move-in inspection

  • Interest required: No. No interest requirement.
  • Separate account required: Yes. Only for third-party managers: deposits must be kept in a separate account at a federally insured institution, apart from the manager's operating account. This does not apply to owners, real estate licensees, or certain related managers.
  • Move-in inspection required: No. The statute does not require a move-in inspection or condition checklist.

Penalties and bad faith

In an action under § 6-320 for failure to return a deposit, the court may enter judgment for three times actual damages (§ 6-317). Otherwise the prevailing party gets attorney's fees (§ 6-324).

No presumption. Before suing, the tenant must give the landlord 3 days' written notice demanding return of the deposit (§ 6-320(d)).

Getting your deposit back in court

Small claims department of magistrate court hears money claims up to $15,000 (Idaho Code § 1-2301, amended 2026). Court information

Before filing, many tenants send a written demand first. Write a Idaho demand letter →

Also good to know

  • If the property is sold during a tenancy, the new owner is liable for refunding deposits.
  • Per the Attorney General's manual, if a tenant leaves early without proper notice, the landlord may use the deposit for actual costs of re-renting.

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.