DisputeKit

DisputeKit / Idaho

How long does a Idaho landlord have to return a security deposit?

30 days. Under Idaho Code § 6-321, a landlord must refund the security deposit, with a signed statement itemizing any amounts kept, the purpose of each, and a detailed list of expenditures within 30 days. The clock starts when you move out and hand back possession of the unit.

I moved out of my place in on and my landlord still has my $ deposit.

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Conditions that change the deadline

  • If the lease does not set a time for the refund, the deadline is 21 days after the tenant surrenders the premises; a lease may set a longer time, but never more than 30 days.
  • The clock runs from the tenant's surrender of the premises.

What Idaho law says about deductions and your rights

  • The deadline shown is the 30-day outer limit that applies in every case; if the lease is silent on timing, the landlord had only 21 days.
  • The landlord may not keep any part of the deposit to cover normal wear and tear.
  • Idaho law sets no multiple-damages penalty for late or wrongful retention, but the winning party in a court action under the landlord-tenant chapter is entitled to attorney fees.
  • Small claims courts in Idaho cannot award punitive damages.

If the deadline has passed

Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.

If they still don't pay, you can file in small claims court. The limit in Idaho is $5,000 in the small claims department of the magistrate's division, and the filing fee is About $69 statewide plus service costs; confirm the current fee with the county clerk.

Steps

  1. Find your move-out date and deposit amount
  2. Work out when the clock started: The clock starts when you move out and hand back possession of the unit
  3. Count 30 days from that date to find the deadline
  4. Send a written demand letter citing the law
  5. File in small claims court if unpaid

See a full sample letter for Idaho

Common questions

When does the clock start in Idaho?

The clock starts when you move out and hand back possession of the unit.

What if I got part of my deposit back?

You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.

Do I need a lawyer?

Not usually. Small claims court in Idaho is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.