How Long Does a Landlord Have to Return a Deposit in Idaho?
In Idaho, a landlord has 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) to return a security deposit. 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 penalty 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 |
| 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. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in Idaho Code §§ 6-321, 6-320.
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.
What happens if a landlord misses the Idaho deposit deadline?
The verified penalty 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. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 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 trigger is 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. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified Idaho deadline.
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.