🏠 IDAHO · SECURITY DEPOSIT LAW
Security deposits in Idaho
In Idaho, Idaho Code § 6-321 gives your landlord 21 days after you surrender the premises to refund your deposit, with a signed itemized statement for anything kept — unless your lease fixes a different time, and in any event no more than 30 days.
Idaho sets no statutory cap on the deposit amount. Idaho Code § 6-321 itself sets no penalty. After giving the landlord 3 days' written notice and demand, you can sue for failure to return the deposit (§ 6-320), and the court may award three times your actual damages (§ 6-317); if it does not, the winning side gets attorney fees (§ 6-324).
The Idaho statute
VERIFIED PRIMARY SOURCE
§ Idaho Code § 6-321
Refunds of a security deposit must be made within 21 days of surrender of the premises. The landlord may not retain any part of a security deposit to cover normal wear and tear — deterioration from the use the unit is intended for, without negligence, carelessness, accident, misuse or abuse. Idaho sets no statutory cap on the deposit amount. Verified against primary statute text (legislature.idaho.gov) 2026-08-26.
Read the Idaho source text →Idaho deadlines at a glance
| Rule | What Idaho requires |
|---|---|
| Deadline to return or itemize | 21 days after the tenancy ends |
| Maximum deposit | No statutory limit |
| If the landlord misses the deadline | Idaho Code § 6-321 itself sets no penalty. After giving the landlord 3 days' written notice and demand, you can sue for failure to return the deposit (§ 6-320), and the court may award three times your actual damages (§ 6-317); if it does not, the winning side gets attorney fees (§ 6-324). |
| Governing statute | Idaho Code § 6-321 |
Every figure here was read from the Idaho statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in Idaho
The 21 days clock in IdahoIdaho Code § 6-321 gives your landlord 21 days after you surrender the premises to refund your deposit, with a signed itemized statement for anything kept — unless your lease fixes a different time, and in any event no more than 30 days.
Idaho does not cap the depositIdaho sets no statutory ceiling on the deposit amount, so the lease controls how much you can be charged. The return deadline and itemization rules in Idaho Code § 6-321 still apply in full.
Itemization is the condition of keeping anythingWithholding any part of the deposit in Idaho requires a written, itemized statement within the 21 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in IdahoIdaho Code § 6-321 itself sets no penalty. After giving the landlord 3 days' written notice and demand, you can sue for failure to return the deposit (§ 6-320), and the court may award three times your actual damages (§ 6-317); if it does not, the winning side gets attorney fees (§ 6-324). Whether a remedy applies can turn on the dates, so keep proof of the day you moved out and the day you gave a forwarding address.
What to do in Idaho, in order
- Write down the date the tenancy ended and you handed back possession — in Idaho the 21 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 21 days pass with no deposit and no itemized statement, send a demand letter citing Idaho Code § 6-321 and the remedy described above.
- If the landlord still doesn't pay, Idaho small claims court handles deposit cases cheaply — ask for the deposit and any amount the statute allows on top of it.
Common questions about security deposits in Idaho
How long does my landlord have to return my security deposit in Idaho?
Idaho Code § 6-321 gives your landlord 21 days after you surrender the premises to refund your deposit, with a signed itemized statement for anything kept — unless your lease fixes a different time, and in any event no more than 30 days.
What happens if my Idaho landlord misses the deadline?
Idaho Code § 6-321 itself sets no penalty. After giving the landlord 3 days' written notice and demand, you can sue for failure to return the deposit (§ 6-320), and the court may award three times your actual damages (§ 6-317); if it does not, the winning side gets attorney fees (§ 6-324). You generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in Idaho?
Idaho sets no statutory maximum, so the amount is whatever the lease sets. The deadline and itemization requirements in Idaho Code § 6-321 still apply regardless of size.
Can my Idaho landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 21 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
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Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.