Deposit laws by state › Idaho
State law · Idaho
Idaho security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Refunds are due within 21 days after the tenant surrenders the premises if the lease sets no time, and in any event within 30 days.
How long does a landlord have to return a security deposit in Idaho?
- Return deadline
- Refunds are due within 21 days after the tenant surrenders the premises if the lease sets no time, and in any event within 30 days.Idaho Code § 6-321(2)
- Itemized list
- A partial refund must come with a signed statement itemizing the amounts kept, the purpose of each, and a detailed list of expenditures from the deposit.Idaho Code § 6-321(2)
Prefer a full page? Use the security deposit deadline calculator.
What happens if an Idaho landlord misses the deadline?
- If the landlord misses it
- Idaho's statute does not state a forfeiture.Idaho Code § 6-321
- Penalty
- Idaho has no double or triple damages for deposits. The tenant may sue for damages for failure to return a deposit as and when required by law.Idaho Code § 6-320(a)(4)
What can an Idaho landlord deduct from your deposit?
What can be deducted: Amounts needed to cover the contingencies specified in the deposit arrangement. (Idaho Code § 6-321(1))
Normal wear and tear: No part of the deposit may be kept for normal wear and tear, meaning deterioration from the intended use without negligence, carelessness, accident, misuse or abuse by the tenant, household or guests. (Idaho Code § 6-321(1))
What the itemized list must include: A partial refund must come with a signed statement itemizing the amounts kept, the purpose of each, and a detailed list of expenditures from the deposit. (Idaho Code § 6-321(2))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Taking a deposit case to small claims court in Idaho
Small-claims limit: Idaho small claims covers claims up to $15,000 (raised from $5,000 on July 1, 2026). (Idaho Code § 1-2301)
Notice before you sue: The tenant must give the landlord written notice listing each failure the lawsuit will be based on, with a written demand to cure it; the tenant can sue if it is not cured within 3 days after the notice is served (Idaho Code § 6-320(d))
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- Idaho's small-claims limit rose to $15,000 on July 1, 2026; older guides still say $5,000.
What to do if your Idaho landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Idaho's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Idaho Code §§ 6-320, 6-321: legislature.idaho.gov
- Idaho Code §§ 6-320, 6-321: legislature.idaho.gov
- Idaho Code § 1-2301: legislature.idaho.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Idaho.