Idaho Security Deposit Law: Limits, Deadlines, and Penalties
What Idaho landlords can charge, when deposits must be returned, and what it costs to get it wrong. Last reviewed 2026-08-12.
How much can a landlord charge in Idaho?
Idaho places no cap on security deposits; the amount is whatever landlord and tenant agree to in the lease. One month's rent is typical market practice.
No statute addresses pet deposits — they are unregulated, uncapped, and governed entirely by the lease.
When must the deposit be returned?
The clock starts when the tenant surrenders the premises. Refunds are due within 21 days unless the rental agreement fixes a different period, and in no event later than 30 days after surrender.
Any refund of less than the full deposit must include a signed statement itemizing the amounts retained, the purpose of each retention, and a detailed list of expenditures made from the deposit.
What happens if a landlord misses the deadline?
A tenant sues under § 6-320 after giving the landlord three days' written notice and demand to cure. Under § 6-317 the court may enter judgment for up to three times actual damages, and § 6-324 awards attorney fees to the prevailing party except in cases where treble damages are awarded.
Interest and holding requirements
Idaho does not require landlords to pay or accrue interest on security deposits.
No statutory requirement — Idaho law does not require a separate account, escrow, or bond for security deposits.
What Idaho landlords get wrong
Idaho's statute is minimal — no cap, no escrow, no interest — so the lease controls most of what happens; if you want more than 21 days to process refunds, write a 30-day term into the lease, because 30 is the hard ceiling. The itemized statement must be signed and list actual expenditures, not round-number guesses, and normal wear and tear can never be deducted. Tenants must send a three-day written demand before filing suit, which gives a landlord one last chance to cure.
The law itself
Frequently asked questions
How long does a landlord have to return a security deposit in Idaho?
Twenty-one days after you surrender the premises, unless your lease sets a different period — and no lease can push it past 30 days. Any partial refund must arrive with a signed statement itemizing what was kept, why, and the actual expenditures made from the deposit. A landlord who misses the deadline or skips the itemization loses the right to keep any of the funds.
Is there a limit on security deposits in Idaho?
No. Idaho sets no cap on security deposits, pet deposits, or move-in fees, and no Idaho city imposes its own limit. The amount is purely a matter of agreement in the lease, with one month's rent being typical. Because there is no statutory ceiling, read the lease carefully to confirm which sums are refundable deposits and which are labeled non-refundable fees.
Can I sue my Idaho landlord for not returning my deposit?
Yes, but you must first send a written notice listing the failure and demanding cure, then wait three days. If the landlord still doesn't pay, you can sue under Idaho Code § 6-320 — small claims court handles amounts up to $5,000. Courts may award up to three times your actual damages under § 6-317, and the prevailing party gets attorney fees except where treble damages are awarded.
What can an Idaho landlord deduct from a security deposit?
Only what the deposit arrangement covers: unpaid rent, damage beyond normal wear and tear, and other contingencies spelled out in the lease. Normal wear and tear — worn carpet paths, faded paint, minor scuffs — can never be deducted. Every deduction must be backed by the signed itemized statement showing the purpose and actual expenditure, so landlords should keep receipts for all repair work.
Keep reading
Deposit deadlines are easy to miss — until they cost you triple.
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.