Idaho Security Deposit Demand Letter
Direct answer
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). The deadline is measured from this trigger: 21 calendar days (default when no return time is fixed by agreement): after surrender of the premises by the tenant; 30 calendar days (outer maximum; agreement may set a time other than 21 days but may not exceed 30 days): after surrender of the premises by the tenant; 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): after landlord receives tenant's written three-day demand under § 6-320. The verified state formula is 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.
Key facts
| Deadline | 21 calendar days (default when no return time is fixed by agreement); trigger: after surrender of the premises by the tenant |
|---|---|
| Deadline (branch 2) | 30 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 |
| Deadline (branch 3) | 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); trigger: after landlord receives tenant's written three-day demand under § 6-320 |
| Penalty formula | 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 |
| Bad faith required | Yes |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statutory maximum under § 6-321. |
| Forwarding address required | No |
| Small claims limit | $5,000 (Magistrate Division small claims; $5,000 limit (Idaho Code 1-2301)) in Magistrate Division (small claims) |
| Statute citation | Idaho Code §§ 6-321, 6-320 |
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.
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite Idaho Code §§ 6-321, 6-320 and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Idaho is $1,238 according to U.S. Census Bureau QuickFacts, American Community Survey 2020-2024 5-Year Estimates data as of .
- Ada County: $1,577
- Canyon County: $1,347
- Kootenai County: $1,492
- Bonneville County: $1,133
- Twin Falls County: $1,089
Example demand basis: a deposit equal to the state median rent starts at $1,238 before applying the state formula: 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.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Ada County | Fourth Judicial District Magistrate Division - Small Claims, Boise | $15,000 | $69, per the Idaho Court Assistance Office. | Yes | Court site |
| Canyon County | Third Judicial District Magistrate Division - Small Claims, Caldwell | $15,000 | $69. | Yes | Court site |
| Kootenai County | First Judicial District Magistrate Division - Small Claims, Coeur d'Alene | $15,000 | $69. | Yes | Court site |
| Bonneville County | Seventh Judicial District Magistrate Division - Small Claims, Idaho Falls | $15,000 | $69. | Yes | Court site |
| Twin Falls County | Fifth Judicial District Magistrate Division - Small Claims, Twin Falls | $15,000 | $69. | Yes | Court site |
Free Idaho template, built from verified state data
I am requesting the return of my security deposit. The verified Idaho data for this page lists a 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) return window and cites Idaho Code §§ 6-321, 6-320.
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Boise have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Idaho law and local rules.
Does Meridian have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Idaho law and local rules.
Does Nampa have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Idaho law and local rules.
Does Idaho Falls have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Idaho law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Boise, Meridian, Nampa, Idaho Falls, Caldwell, Pocatello, Coeur d'Alene, Twin Falls.
Tenant resources
- Idaho Legal Aid Services - Tenant Rightslegal aid, 208-746-7541
- Idaho Court Assistance Office - Housing Formscourt self help
- Idaho Court Assistance Office - Small Claimscourt self help
- Idaho Attorney General - Landlord and Tenant Manualag consumer
- Idaho Volunteer Lawyers Programlegal aid