Idaho Security Deposit Laws: Rights and Steps for Renters

As a renter in Idaho, knowing your rights regarding security deposits can help you avoid unfair deductions or delays by your landlord. This guide explains Idaho’s security deposit laws, timelines for returning deposits, and what steps to take if you have concerns. Whether you’re moving out or disputing a deduction, staying informed protects both your finances and peace of mind.

Your Rights Under Idaho Security Deposit Laws

In Idaho, security deposits are regulated to ensure both landlords and tenants are treated fairly. Security deposits are payments you make—usually at the start of a tenancy—to cover possible damages beyond normal wear and tear or unpaid rent.

• No legal limit on deposit amount: Idaho law does not set a maximum for security deposit amounts, so landlords can require any size deposit unless your lease states otherwise.
• Itemized statement required: Landlords must provide a written, itemized list of deductions and the balance of your deposit within the legal timeframe after you move out.
• Return timeline: Landlords must return your deposit—or provide the itemized statement—within 21 days after you move out, unless the rental agreement specifies a longer period (up to 30 days).
• Reasons for withholding: Legitimate reasons include unpaid rent, cleaning, and repairs beyond normal use, as allowed by the lease and Idaho law.

These rules are defined in the Idaho Landlord and Tenant Act, Title 6, Chapter 3.¹

Common Deductions and Tenant Protections

Some common deductions landlords may take from security deposits include:

• Unpaid rent
• Cleaning costs beyond normal wear
• Repair of damage caused by the tenant (not normal wear and tear)

Idaho law protects you from unfair deductions. Normal use—such as worn carpets or faded paint—cannot be charged against your deposit. Your landlord must itemize any amounts withheld.

What To Do If Your Deposit Is Withheld

If you do not receive your deposit or an itemized statement in the required time, you may request it in writing. Landlords who wrongfully withhold security deposits may be held liable for up to the full amount, plus damages and court costs if you take legal action.¹

How to Request Your Security Deposit Back

Before moving out, it's helpful to complete a move-out checklist and photograph the property's condition. Idaho does not provide a statewide official move-out form, but written requests are vital for legal documentation.

Key Steps for Idaho Renters:

• Provide your landlord with a forwarding address in writing.
• Request your security deposit and an itemized statement of deductions if not received within 21-30 days after moving out.
• If you believe deductions are unfair or your deposit is not returned, consider small claims court.

Filing a Complaint in Idaho

Idaho does not have a specific landlord-tenant tribunal. Legal disputes over deposits are generally handled in Idaho Small Claims Court.²

Official Forms and How to Use Them

• Small Claims Complaint Form (CAO SC 1-1): Used when filing a case in small claims court for a withheld security deposit.
  Example: If your landlord fails to return your deposit, fill out and file this form with your county court. Forms and instructions are available on the Idaho Courts website.³
• Notice of Forwarding Address (written notice): No official state form; simply provide your new address in writing to your landlord to facilitate the return of your deposit.

FAQ: Idaho Security Deposit Laws

1. How long does my landlord have to return my security deposit?
   In Idaho, your landlord must return your deposit (or an itemized statement of deductions) within 21 days—unless your lease allows for up to 30 days.¹
2. Can my landlord use my deposit for normal wear and tear?
   No. Idaho law prohibits landlords from keeping deposits for damage from normal use, such as worn carpets or faded paint.¹
3. What should I do if my landlord doesn’t return my deposit?
   Send a written request for your deposit. If you don’t succeed, file a claim in Idaho Small Claims Court using the Small Claims Complaint Form (CAO SC 1-1).^2,3
4. Is there a limit to the amount a landlord can charge for a security deposit in Idaho?
   No, there is no legal maximum for security deposits in Idaho.¹
5. What deductions are allowed under Idaho law?
   Only unpaid rent, cleaning (beyond normal wear), and tenant-caused damages are permitted once detailed in a written statement.¹

Key Takeaways for Idaho Renters

• Idaho landlords must return security deposits (minus any legitimate deductions) within 21–30 days of move out.
• If your deposit is unfairly withheld, document your case and consider small claims court.
• Always provide a forwarding address and keep written communication regarding your deposit.

Need Help? Resources for Renters

• Idaho Housing and Finance Association – Tenant Support
• Idaho Small Claims Court: Instructions and Forms
• Idaho Landlord and Tenant Act – Title 6, Chapter 3
• Idaho Attorney General: Landlord and Tenant Laws

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1. Idaho Landlord and Tenant Act, Title 6, Chapter 3
2. Idaho Small Claims Court
3. Small Claims Complaint Form CAO SC 1-1

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