Idaho Security Deposit Law

Maximum deposit

Idaho sets no limit on the amount of a residential security deposit (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (no amount limit))

Return deadline

Landlords must refund the deposit within 21 days after the tenant surrenders the premises, unless the lease sets a different period, which may never exceed 30 days (Idaho Code § 6-321(2)). (Idaho Code § 6-321(2))

Itemized statement of deductions

A partial refund must come with a signed statement itemizing the amounts kept, their purpose, and a detailed list of expenditures from the deposit (Idaho Code § 6-321(2)). (Idaho Code § 6-321(2))

Interest on the deposit

Idaho law does not require landlords to pay interest on security deposits (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (silent on interest))

Penalty for wrongful withholding

A tenant whose deposit is not returned may sue after a 3-day written demand, and the court may enter judgment for up to three times the actual damages (Idaho Code §§ 6-320(a)(4), (d), 6-317). (Idaho Code § 6-320(a)(4), (d), Idaho Code § 6-317, Idaho Code § 6-324)

Where the deposit is held

When a third-party manager handles an Idaho rental, the deposits must sit in a separate account at a federally insured institution, apart from the manager's operating account (Idaho Code § 6-321(4)). (Idaho Code § 6-321(4))

The rule does not apply to owners managing their own property, managers sharing members or principals with the owner entity, real estate licensees, or nonprofit organizations under title 30, chapter 30. Owner-landlords therefore have no separate-account duty.

Receipt or written notice of the deposit

Idaho's deposit statute does not require landlords to give a receipt for the deposit or say where it is kept (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (no receipt requirement))

Move-in condition checklist

No Idaho statute requires a move-in inspection, although the Attorney General urges landlords and tenants to walk through together with a written checklist and video (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (no move-in inspection requirement))

Pet deposits

Idaho has no statute on pet deposits, so they are simply security deposits that must be refunded under the 21-day rule and are not capped (Idaho Code § 6-321(1)). (Idaho Code § 6-321(1))

Nonrefundable fees

Any money an Idaho tenant hands over for a purpose other than rent is treated as a refundable security deposit, and fees charged to tenants must be reasonable and listed in the rental agreement (Idaho Code §§ 6-321(1), 55-305). (Idaho Code § 6-321(1), Idaho Code § 55-305)

Fees must be reasonable and may not exceed or fall outside the written rental agreement unless the tenant gets 30 days' written notice of the change (§ 55-305, for agreements made or renewed on or after July 1, 2023). The statute does not expressly ban nonrefundable fees.

Small-landlord exemptions

Idaho's only deposit exemption frees owner-managed rentals and licensed or affiliated managers from the separate-account rule that binds third-party managers (Idaho Code § 6-321(4)). (Idaho Code § 6-321(4))

Property owners, managers with common members or principals with the owner, real estate licensees and nonprofit organizations are exempt from the separate-account rule. All other deposit rules apply to every residential landlord.

Deposit alternatives and installments

Idaho has no statute on deposit-replacement bonds, deposit insurance or paying a deposit in installments (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (silent on alternatives))