What counts as a deposit
Under Idaho Code § 6-321(1), any amount you pay a landlord for a purpose other than rent is treated as a security deposit. Idaho sets no cap. When the lease ends and you surrender the unit, the landlord must refund everything except amounts needed for the contingencies stated in the deposit arrangement. It may not keep anything for normal wear and tear, which the statute defines as deterioration from intended use without negligence, carelessness, accident, misuse or abuse.
21 days, 30 at most
The refund is due within 21 days if the agreement fixes no other time, and in any event within 30 days after you surrender the premises (§ 6-321(2)). A partial refund must come with a signed statement that itemizes the amounts kept, the purpose of each, and a detailed list of expenditures made from the deposit.
New owners and third-party managers
If the property is sold during your tenancy, the new owner is liable for the refund (§ 6-321(3)). Deposits held by a third-party manager must be kept in a separate account at a federally insured institution, apart from the manager's operating account. This rule does not apply to owners themselves, related managers, real estate licensees or certain nonprofits (§ 6-321(4)).
The 3-day notice, then treble damages
Failure to return a deposit as required is grounds for a tenant's action under § 6-320(a)(4). First, you must give the landlord three days' written notice listing the failure and demanding a cure (§ 6-320(d)). Serve it personally, by leaving it with an employee at the landlord's place of business, or by certified mail with return receipt (§ 6-323).
Our calculator counts 21 days.
Steps to recover an Idaho deposit
- Check your lease for any agreed refund period (no more than 30 days).
- Surrender the unit and leave a forwarding address.
- If the refund or signed statement does not arrive, serve a 3-day written notice and demand.
- Keep proof of service.
- If that fails, file a claim in small claims court.
Neighboring states
Washington requires a move-in checklist. Oregon gives 31 days, Utah uses its own Tenant's Notice, and Montana and Wyoming also have no cap.
Frequently asked questions
Is there a cap on security deposits in Idaho?
No. Idaho Code § 6-321 sets no maximum.
How long does an Idaho landlord have to return a deposit?
21 days after surrender if the agreement sets no time, and never more than 30 days.
Do I have to give notice before suing in Idaho?
Yes. Give the landlord three days' written notice and demand under § 6-320(d).
Can I get treble damages in Idaho?
The court may enter judgment for three times actual damages under § 6-317.
Sources
- Idaho Code § 6-321 (Idaho Legislature)
- Idaho Code § 6-320 — tenant action and 3-day notice (Idaho Legislature)
- Idaho Code § 6-317 — treble damages; see also §§ 6-323, 6-324 (Idaho Legislature)
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.