Overview
Idaho’s security deposit laws are governed by Idaho Code § 6-321. These laws offer general guidelines on how landlords can collect, use, and return security deposits, but they are relatively flexible compared to other states.
While there’s no cap on the amount landlords can charge, Idaho law mandates timelines for returning deposits and requires written documentation for any deductions. Failure to comply may result in financial penalties.
This guide covers:
How much landlords can charge
Return deadlines and allowable deductions
Required documentation
Penalties for non-compliance
Related Statute: Idaho Code § 6-321
1. Security Deposit Limits & Storage Requirements
Maximum deposit: Idaho law does not impose a limit on how much a landlord may charge for a security deposit. The amount is typically determined by the lease agreement.
Storage requirements: There is no requirement to hold the deposit in a separate or interest-bearing account, and landlords are not obligated to pay interest on the deposit.
Law Reference: Idaho Code § 6-321(1)
2. Security Deposit Returns & Allowable Deductions
Return deadline: Landlords must return the security deposit, or the portion not retained, within 21 days of the end of the tenancy. This deadline can be extended up to 30 days if stated in the lease agreement.
Permissible deductions: Landlords may deduct for unpaid rent, damages beyond normal wear and tear, and other costs agreed upon in the lease, such as cleaning fees.
Itemized statement required: If any deductions are made, landlords must provide an itemized list of those deductions along with the remaining deposit.
Law Reference: Idaho Code § 6-321(1)
3. Penalties for Mishandling Security Deposits
Tenant remedies: If a landlord retains the deposit in bad faith or fails to provide a timely return or itemized statement, the tenant may sue for the amount wrongfully withheld, plus court costs and attorney fees.
Good faith presumption: If the landlord provides the itemized list and returns the appropriate portion of the deposit on time, the law presumes the action was taken in good faith.
Law Reference: Idaho Code § 6-321(2)-(3)
Key Takeaways
Idaho does not limit the amount a landlord can charge for a security deposit.
Deposits must be returned within 21 days, or up to 30 days if stated in the lease.
Landlords can deduct for damages and other lease-specified costs but must provide an itemized list.
Tenants may sue for wrongful withholding, and courts may award legal fees if the landlord acted in bad faith.
Understanding Idaho’s flexible but clear deposit rules can help both landlords and tenants avoid legal disputes.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Readers should not act or refrain from acting based on any information included in this post without seeking legal counsel or other professional guidance specific to their situation. The information is provided “as is” without any representations or warranties of any kind, express or implied, including but not limited to the accuracy, completeness, or reliability of the content. Laws and regulations may change and vary by jurisdiction.
