Idaho Security Deposit Law: Deadlines & Penalties
Idaho landlords must refund the security deposit within 21 days after the tenant surrenders the premises, unless the lease sets a different period. Even with a lease provision, the refund can never come later than 30 days after move-out. A landlord may keep only amounts needed to cover the contingencies listed in the deposit agreement, and never for normal wear and tear.
If the refund is less than the full deposit, it must come with a signed statement itemizing the amounts kept, the purpose of each, and a detailed list of expenditures made from the deposit. Idaho has no statewide cap on deposit amounts and no requirement that landlords pay interest, so the itemized statement is the main protection tenants have.
Idaho doesn't set a multiple of the deposit as a penalty. Instead, a tenant can sue for the amount wrongfully withheld, and the winning side in a case under the landlord-tenant chapter is entitled to reasonable legal fees. After a 2026 amendment, the small claims department of the magistrate division can hear claims up to $15,000.
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Idaho: common questions
How long does an Idaho landlord have to return a deposit?
21 days after you move out, unless your lease sets a different period. No lease can extend the deadline beyond 30 days after you surrender the premises, so the refund should arrive within a month at the latest.
What must an Idaho landlord include if they keep part of my deposit?
A signed statement itemizing the amounts kept and the purpose of each, plus a detailed list of what was spent from the deposit. A vague note that money was kept for damage doesn't meet the statute.
Can I recover legal fees in an Idaho deposit case?
Generally yes. Idaho law provides that the prevailing party in an action under the landlord-tenant chapter is entitled to reasonable legal fees. That cuts both ways, so it's worth making sure your claim is well documented before filing.
What is the Idaho small claims limit for a deposit case?
The small claims department of the magistrate division hears claims up to $15,000, following a 2026 increase. Bring your lease, move-in and move-out photos, any itemized statement you received and a copy of this letter.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| Idaho | 21 days | Required | $15,000 |
| Montana | 30 days | Required | $7,000 |
| Nevada | 30 days | Required | $10,000 |
| Oregon | 31 days | Required | $10,000 |
| Utah | 30 days | Required | $20,000 |
| Washington | 30 days | Required | $10,000 |
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