Idaho Security Deposit: Your Deadline and Next Step

In Idaho, a landlord has 21 days or 30 days. Which one applies depends on one question below.

Last checked 2026-07-14

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Details of the return rules

In Idaho, the landlord must return the deposit within 21 calendar days (default when no return time is fixed by agreement) or 30 calendar days (outer maximum; agreement may set a time other than 21 days but may not exceed 30 days) or 3 business days (pre-suit cure: tenant must give 3 days written notice listing the failure (return of security deposit) and demand performance before filing under § 6-320; Saturdays, Sundays, and legal holidays excluded from the 3-day count per practice guides).

Idaho statutory deadlines
When it appliesDeadlineStarts from
My lease doesn't say how long the landlord has to return the deposit21 daysafter surrender of the premises by the tenant
My lease sets its own return time (the law caps it at 30 days)30 daysafter surrender of the premises by the tenant

Idaho return rule: 21 calendar days (default when no return time is fixed by agreement). Check the dates you entered above.

Key facts

Deadline21 calendar days (default when no return time is fixed by agreement); trigger: after surrender of the premises by the tenant
Additional deadline 230 calendar days (outer maximum; agreement may set a time other than 21 days but may not exceed 30 days); trigger: after surrender of the premises by the tenant
Additional deadline 33 business days (pre-suit cure: tenant must give 3 days written notice listing the failure (return of security deposit) and demand performance before filing under § 6-320; Saturdays, Sundays, and legal holidays excluded from the 3-day count per practice guides); trigger: after landlord receives tenant's written three-day demand under § 6-320
Penalty formulafailure to return deposit as required is an actionable landlord breach under § 6-320(a)(4) after three-day written demand; court may award damages and, where violation is malicious or intentional, up to treble damages, plus costs and attorney fees per Idaho AG/Legal Aid guidance and form H-3
Bad faith requiredYes
Itemization requiredYes
Interest on depositNo
Maximum depositNo statutory maximum under § 6-321.
Forwarding address requiredNo
Small claims limit$5,000 (Magistrate Division small claims; $5,000 limit (Idaho Code 1-2301)) in Magistrate Division (small claims)
Statute citationIdaho Code §§ 6-321, 6-320

The landlord says you owe more than the deposit. What now?

Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.

A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:

A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector

If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt

If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation

What can a landlord deduct in Idaho?

Idaho law names a specific rule for 1 of 6 common charges (cleaning). For the others, the general wear-and-tear rule applies.

Common deposit deductions in Idaho
ChargeCan the landlord deduct it?RuleCitation
CleaningOnly if this condition is met: The landlord shall not retain any part of a security deposit to cover normal wear and tear.Refund except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to…Idaho Code § 6-321(1)
Carpet replacementOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedIdaho Code §§ 6-321, 6-320
PaintingOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedIdaho Code §§ 6-321, 6-320
Nail holes and wall damageOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedIdaho Code §§ 6-321, 6-320
Pet damageOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedIdaho Code §§ 6-321, 6-320
Unpaid rent and feesOnly if the cited general rule permits the chargeGeneral rule: normal wear and tear cannot be chargedIdaho Code §§ 6-321, 6-320

I never did a move-in inspection. How do I prove the condition?

Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.

Where do you file if the letter does not work?

Small claims court in Idaho hears claims up to $5,000. You can ask for up to $5,000 there, or file for the full amount in Magistrate Division (small claims). Check the court and fees.

The state record lists a 5-year period to sue. Check when your claim accrued before counting from it.

County small claims courts

CountyCourt and cityLimitFiling feeE-filingCourt link
Ada CountyFourth Judicial District Magistrate Division - Small Claims, Boise$15,000County filing fee: $69, per the Idaho Court Assistance Office.YesOfficial court website
Court page check not recorded
Canyon CountyThird Judicial District Magistrate Division - Small Claims, Caldwell$15,000Statewide filing fee: $69.YesOfficial court website
Court page check not recorded
Kootenai CountyFirst Judicial District Magistrate Division - Small Claims, Coeur d'Alene$15,000Statewide filing fee: $69.YesOfficial court website
Court page check not recorded

See all 44 county small claims courts and filing fees

What happens if the landlord misses the deadline?

failure to return deposit as required is an actionable landlord breach under § 6-320(a)(4) after three-day written demand; court may award damages and, where violation is malicious or intentional, up to treble damages, plus costs and attorney fees per Idaho AG/Legal Aid guidance and form H-3 Keep statutory damages separate from the deposit and other actual damages.

Idaho is one of 36 states where the law sets a multiple of the deposit.

With a deposit of $1,238 (median county rent), a claim for the deposit plus the maximum penalty is $4,952; fits under the $5,000 small claims limit.

How does Idaho's deadline compare with other states?

Idaho's return deadline is 21 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.

Strip plot · Idaho · return deadline · 21 days vs ≈30 day median · verified 2026-07-14
Primary return rules from state statute records.
Idaho and nearby deadlines
StateReturn rule
Idaho21 days
California21 days
Connecticut21 days
Minnesota21 days
South Dakota21 days
Wisconsin21 days
See all 51 jurisdictions
All state return rules
StateReturn rule
Montana10 days
Alaska14 days
Arizona14 days
Hawaii14 days
Kansas14 days
Nebraska14 days
New York14 days
Vermont14 days
Florida15 days
Delaware20 days
Rhode Island20 days
California21 days
Connecticut21 days
Idaho21 days
Minnesota21 days
South Dakota21 days
Wisconsin21 days
Colorado30 days
Georgia30 days
Iowa30 days
Louisiana30 days
Maine30 days
Massachusetts30 days
Michigan30 days
Missouri30 days
Nevada30 days
New Hampshire30 days
New Jersey30 days
New Mexico30 days
North Carolina30 days
North Dakota30 days
Ohio30 days
Pennsylvania30 days
South Carolina30 days
Texas30 days
Utah30 days
Washington30 days
Wyoming30 days
Oregon31 days
District of Columbia45 days
Illinois45 days
Indiana45 days
Maryland45 days
Mississippi45 days
Oklahoma45 days
Virginia45 days
Alabama60 days
Arkansas60 days
West Virginia60 days
KentuckyNo fixed return deadline
TennesseeNo fixed return deadline

Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

FAQ

How do I confirm the Idaho deadline?

Use the questions above to match your dates to Idaho Code §§ 6-321, 6-320, and keep proof of each date.

What is the small claims limit in Idaho?

See the applicable court limits and jurisdictions in the state court guide. Idaho court guide

City data on this page currently includes Boise, Meridian, Nampa, Idaho Falls, Caldwell, Pocatello, Coeur d'Alene, Twin Falls.

Tenant resources

What's next?

What to do if there is no response · How to send your letter · How to write a demand letter

Statute text, sources and changes

Statute says

Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. ... Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.

Idaho Code §§ 6-321, 6-320

What this means

Sources

Download these values (CSV)

Changes

  • : Record verified against the cited statute.

Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6