Getting The Deposit Back
Idaho Code § 6-321 — twenty-one days, thirty at most, an itemized statement, and never for normal wear and tear
Twenty-one days, thirty at most. When the lease ends and the tenant surrenders the premises, the landlord refunds the deposit within twenty-one days if the agreement sets no time, and in any event within thirty days. A partial refund comes with a signed statement itemizing what was kept, why, and what was spent.
Not for normal wear and tear. A landlord may keep only what covers the contingencies in the deposit arrangement, and nothing for normal wear and tear: the deterioration from the intended use, without negligence, carelessness, accident, misuse or abuse by the tenant, the household or guests.
A tenant may sue for failure to return a deposit as and when the law requires, after first giving the landlord three days' written notice listing the failure and demanding it be cured. A new owner who buys during the tenancy is liable for the refund.
Damages recovered in an action under the tenant's section may be entered at three times the amount assessed. A particular deposit is a question for a licensed Idaho attorney.
Sources for this section (3)
- Idaho Code § 6-321 — Security deposits
- Idaho Code § 6-320 — Action for damages and specific performance by tenant
- Idaho Code § 6-317 — Treble damages
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.