Idaho security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Idaho Code § 6-321, a landlord in Idaho must return your security deposit — together with any required written itemization of deductions — within 21 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

21 days unless the rental agreement fixes a longer period, and in no event more than 30 days.

What it costs your landlord

Under Idaho Code §§ 6-320, 6-317, a landlord who wrongfully withholds a deposit in Idaho may be liable for up to three times the amount wrongfully withheld where the landlord acted in bad faith. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Idaho

Unpaid rent and damage to the premises, with a flat bar on charging for normal wear and tear.

Idaho Code § 6-321

Ordinary wear and tear

Idaho forbids retaining any part of a deposit for normal wear and tear — a flat prohibition, like Texas.

“The landlord shall not retain any part of a security deposit to cover normal wear and tear.”

What a compliant itemization has to contain

A signed written statement itemizing the amounts lawfully retained and the reasons.

Read it yourself: Idaho Code § 6-321

How to get your deposit back in Idaho

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Idaho that's 21 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Idaho Code § 6-321, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in Idaho?

Under Idaho Code § 6-321, a Idaho landlord has 21 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Idaho?

Under Idaho Code §§ 6-320, 6-317, a landlord who wrongfully withholds may be liable for up to three times the amount wrongfully withheld where the landlord acted in bad faith.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.