Short answer: Idaho security deposit law puts no ceiling on how much a landlord may charge, but Idaho Code § 6-321(2) requires a refund within 21 days after you surrender the unit if the lease sets no other time, and never later than 30 days. If the landlord fails to return the deposit as required, you can sue under § 6-320(a)(4) after giving three days’ written notice, and § 6-317 allows judgment for three times your actual damages.
Idaho locks in the “no cap” rule statewide. Since 2025, Idaho Code § 55-306 bars cities and counties from adopting any ordinance that would regulate “rent, fees, or deposits charged for leasing private residential property.” So a Boise renter and a rural renter work under the same short statute, and the protections that matter are the deadline, the itemized statement and the remedies.
Idaho security deposit law: quick reference
| Rule | Idaho | Statute |
|---|---|---|
| Deposit limit | No statutory maximum; local limits barred | §§ 6-321, 55-306 |
| Return deadline | 21 days after surrender if lease is silent; 30 days maximum | § 6-321(2) |
| Itemized statement | Signed statement of amounts kept, purpose, and detailed list of expenditures | § 6-321(2) |
| Interest / separate account | No interest; separate federally insured account only for certain third-party managers | § 6-321(4) |
| Penalty | Court may enter judgment for three times actual damages; otherwise prevailing-party attorney fees | §§ 6-317, 6-324 |
| Small claims limit | $15,000 | § 1-2301 |
What counts as a deposit in Idaho
Section 6-321(1) is broad: any amount you deposit with a landlord “for any purpose other than the payment of rent” is treated as a security deposit. A cleaning deposit, pet deposit or “move-in deposit” all fall under the same refund rules, whatever the lease calls them. The statute does not address nonrefundable fees as such, but money labeled a deposit is refundable under § 6-321 except for the contingencies the deposit arrangement specifies.
That last phrase matters. When the tenancy ends and you surrender the unit, the landlord must refund everything “except amounts necessary to cover the contingencies specified in the deposit arrangement.” Read your lease’s deposit clause: deductions should match the purposes it lists.
Idaho’s statutory definition of normal wear and tear
Section 6-321(1) flatly prohibits keeping any part of a deposit “to cover normal wear and tear,” and defines the term. Normal wear and tear is deterioration that occurs from the unit’s intended use “without negligence, carelessness, accident, or misuse or abuse” of the premises or contents by you, your household, or your guests.
In practice, that puts faded paint, worn carpet paths and loosened fixtures from ordinary living on the landlord’s side of the line. A broken window, pet stains, or a burn mark on a countertop falls on yours, even if it was an accident. Our wear and tear guide walks through more examples.
Idaho’s statute does not require a move-in checklist. Because the landlord’s statement has to justify each deduction, your own dated photos from move-in and move-out are the best evidence you will have. Our move-out checklist lists the spots worth photographing.
The 21-day default and the 30-day ceiling
Under § 6-321(2), refunds are due within 21 days if your agreement sets no time, and within 30 days after surrender in every case. A lease may give the landlord up to 30 days, but no lease can stretch the deadline past that. The clock runs from your surrender of the premises, so return the keys in a way you can prove. Our deadline checker can count the days for you.
If the landlord keeps any amount, the refund must come with a signed statement itemizing the amounts kept, the purpose of each, and “a detailed list of expenditures made from the deposit.” A single line reading “cleaning and repairs: $600” does not meet that standard. The statute does not specify a delivery method, so give your forwarding address in writing when you leave.
Where the money sits
Idaho generally does not regulate how landlords hold deposits and does not require interest. The exception, in § 6-321(4), applies when a third-party manager runs the rental: that manager must keep deposits in a separate account at a federally insured institution, apart from its operating account. The rule does not apply to property owners themselves, managers sharing common members or principals with the owner, real estate licensees, or certain nonprofits.
Remedies: three days’ notice, then treble damages or fees
Idaho’s deposit remedy runs through the general tenant-action statute. Idaho Code § 6-320(a)(4) lets a tenant sue for “failure to return a security deposit as and when required by law.” But § 6-320(d) adds a gate: before you have standing to sue, you must give the landlord three days’ written notice listing each failure and demanding cure. If the landlord does not cure within three days after service, you may file.
Two remedy provisions then apply. Under § 6-317, if you recover damages in an action under § 6-320, “judgment may be entered for three (3) times the amount at which the actual damages are assessed.” Under § 6-324, the prevailing party in an action under this chapter gets attorney fees, except where treble damages are awarded. So the court’s result is generally one or the other: tripled damages, or your actual damages plus fees.
The fee rule cuts both ways. If you sue and lose, the landlord as prevailing party may be awarded its fees, so document your claim carefully before filing.
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Worked example: Ben in Boise
Ben rents a $1,450-a-month house and paid a $2,000 deposit, which Idaho allows. His lease says nothing about a refund deadline. He moves out and returns the keys on July 1, so the landlord has until July 22.
On July 20 Ben receives a signed statement and $1,200. The landlord kept $800: $150 for a cracked window screen his dog tore, and $650 to repaint rooms that showed only ordinary scuffs after three years. Ben accepts the screen charge but sends a written three-day notice disputing the $650 as normal wear and tear.
When the landlord does not cure, Ben files. If the magistrate finds $650 was wrongfully withheld, § 6-317 allows judgment for three times that amount, $1,950. If the court awards only the $650 instead, § 6-324 lets Ben, as prevailing party, recover attorney fees if he used a lawyer.
New owners and other situations
If the property changes hands during your tenancy, § 6-321(3) makes the new owner liable for refunding your deposit. You do not need to track down the seller. Section 6-320(e) notes that the tenant-action statute does not apply to agricultural tracts of five acres or more. Idaho’s deposit section does not address domestic violence terminations or co-tenant splits, so check your lease for those terms.
Filing in Idaho small claims
Under Idaho Code § 1-2301, the small claims department of the magistrate division hears money claims up to $15,000, filed in the county where the defendant lives or where the claim arose. The same section bars small claims from awarding punitive damages, so if you intend to ask for treble damages under § 6-317, ask the clerk whether to file in small claims or on the regular magistrate docket.
Your three-day notice can double as a demand letter; our template covers the details to include.
Frequently Asked Questions
Is there a maximum security deposit in Idaho?
No. Idaho’s statute sets none, and § 55-306 prohibits local governments from regulating deposits charged for private residential leases.
Can my lease give the landlord 45 days to refund my deposit?
No. Section 6-321(2) allows the parties to set a time by agreement, but refunds are due within 30 days after surrender “in any event.” Without an agreed time, the deadline is 21 days.
Do I have to warn my landlord before suing?
Yes. Section 6-320(d) requires three days’ written notice listing each failure and demanding cure before you have standing to file. Keep a copy and proof of delivery.
Can I get both triple damages and attorney fees?
Not under the statute’s terms. Section 6-324 awards prevailing-party attorney fees except where treble damages are awarded under § 6-317.
Does my landlord have to keep my deposit in a separate account?
Only if a qualifying third-party manager handles the rental, under § 6-321(4). Owners managing their own property are not required to use a separate account, and no interest is owed.
Your next step: count 21 days from the day you return the keys (or the shorter period in your lease, up to 30), and if the deadline passes, serve the three-day written notice the next morning. This guide is general information, not legal advice; for help with your own case, start with LSC’s legal aid finder.
Sources
- Idaho Code § 6-321, Security deposits (Idaho Legislature)
- Idaho Code § 6-320, Action for damages and specific performance by tenant
- Idaho Code § 6-317, Treble damages
- Idaho Code § 6-324, Attorney fees
- Idaho Code § 55-306, Local government, no rent control
- Idaho Code § 1-2301, Small claims department
- Legal Services Corporation, Get Legal Help