Idaho Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In Idaho, a security deposit claim is heard by Magistrate Division (small claims); the court for your county is listed below. The comparable deposit claim limit is $5,000. The filing fee in 5 of 44 listed counties with a comparable amount is $69. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtMagistrate Division (small claims) · Court source
Listed limits and jurisdictions$5,000 (Magistrate Division small claims; $5,000 limit (Idaho Code 1-2301) only)
Comparable deposit claim limit$5,000
Time limit to sue, from state data5 years; check when the claim accrued before counting from it.
Listed county filing feesThe filing fee in 5 of 44 listed counties with a comparable amount is $69.
E-filing5 yes, 0 no, 39 unverified among 44 listed counties
State deposit return deadline
  • 21 calendar days after surrender of the premises by the tenant. Applies when: default when no return time is fixed by agreement.
  • 30 calendar days after surrender of the premises by the tenant. Applies when: outer maximum; agreement may set a time other than 21 days but may not exceed 30 days.
  • 3 business days after landlord receives tenant's written three-day demand under § 6-320. Applies when: 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.
Deposit statuteIdaho Code §§ 6-321, 6-320

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 3 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

Your free letter

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Details of the return rules
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.

Free Idaho template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Idaho law (Idaho Code §§ 6-321, 6-320), a landlord must return the deposit or respond in writing within [21 calendar days / 30 calendar days / 3 business days, see the note above] after [the event listed in the note above].

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the Idaho Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

Statute says

Failure to return a security deposit as and when required by law [is a listed basis for tenant action under § 6-320]. Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure.

Idaho Code §§ 6-321, 6-320

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in Idaho?

Magistrate Division (small claims). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in Idaho?

The comparable general deposit claim limit is $5,000. Check the court and claim type that applies.

What is the return deadline in Idaho?

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)

What's next?