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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.

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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)
  1. Idaho Code § 6-321 — Security deposits
  2. Idaho Code § 6-320 — Action for damages and specific performance by tenant
  3. 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.

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