Idaho Security Deposit Limits and Return Rules Explained

Understanding Idaho's rules for security deposits is key to protecting your money as a renter. Whether you're moving in or preparing to leave your rental, knowing how much a landlord can legally charge for a security deposit, how and when you get it back, and what to do if there's a dispute puts you in control of your experience. This article explains Idaho’s laws on deposit limits and return deadlines in plain language, so you can feel confident at every step.

Security Deposit Limits in Idaho

Idaho does not set a maximum limit on how much a landlord may require for a security deposit. This means your landlord can request any amount for the security deposit unless your lease agreement specifically sets a limit. However, Idaho law requires landlords to act reasonably with deposits and follow return procedures.

Allowable Security Deposit Deductions

Landlords in Idaho can use your security deposit to cover:

• Unpaid rent or fees
• Damage beyond normal wear and tear
• Cleaning costs to return the unit to its original condition (excluding normal use)
• Other costs as specified in your rental agreement

It's important to request and keep a move-in checklist and take photos. This helps document the unit's condition and avoid disputes later.

Security Deposit Return Deadlines

Under Idaho Statutes Section 6-321, the landlord must return your security deposit, or an itemized list of deductions, within:

• 21 days after you move out and deliver possession of the unit (unless the rental agreement specifies a longer period, up to a maximum of 30 days).

If the landlord keeps any part of your deposit, they must provide a written, itemized statement outlining the reasons and costs. If you do not receive this statement or your deposit in time, you may be entitled to damages.

How to Request Your Security Deposit Back

Before moving out, provide your landlord with your forwarding address in writing. This is important to ensure prompt return of your funds and any written explanation. If you do not receive your deposit or a deduction statement by the deadline:

• Write a formal request letter to your landlord.
• If that doesn't work, you can file a claim in Idaho's small claims court.

Official Idaho Security Deposit Forms

• Small Claims Court Complaint (Form #: CV-1)
  Use this if you need to sue your landlord for the deposit. Example: If your landlord fails to return your deposit within 21–30 days, you complete this form, attach documentation (like your lease and move-in photos), and file it at your county court. Download Small Claims Complaint Form (CV-1)

Where to Get Help

• For disputes, claims, or legal remedies, contact the Idaho Small Claims Court, which handles deposit disputes between tenants and landlords.

Idaho Tenancy Legislation

Your rights as a renter are protected under Idaho Statutes Section 6-321 (Security Deposits in Landlord and Tenant Law).

FAQ: Idaho Security Deposit Rules

1. Is there a security deposit limit in Idaho?
   There is no legal maximum on security deposits in Idaho. A landlord may request any amount unless limited by your lease agreement.
2. How soon should I get my deposit back after moving out?
   Your landlord must return your security deposit (or an itemized list of deductions) within 21 days, unless your lease allows up to 30 days.
3. What if my landlord doesn't return my deposit?
   First, send a formal request. If there's no response, you may file a claim in Idaho Small Claims Court to recover your deposit plus potential damages.
4. Can my landlord keep my deposit for normal wear and tear?
   No. Deductions can only be made for damage beyond normal wear and tear, or for cleaning necessary to restore the unit to its original condition.
5. Where do I find the official form to file a claim?
   Use the Small Claims Complaint Form (CV-1) from the Idaho Courts website.

Need Help? Resources for Renters

• Idaho Small Claims Court: Handles disputes related to security deposits and landlord-tenant issues.
• Idaho Security Deposits Law: Official legislation text.
• Idaho Legal Aid: Security Deposits: Practical guides and support resources.
• For further support, call Idaho Legal Aid’s housing hotline: (208) 746-7541

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1. Idaho Statutes Section 6-321 – Landlord and Tenant Law (Security Deposits)
2. Idaho Courts: Small Claims Court Procedures
3. Small Claims Complaint Form (CV-1)

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