Idaho: Security Deposit Return Deadlines & Deductions

Requirements one by one

Governing law

Idaho's deposit rules live in Idaho Code § 6-321, inside the state's
general "Forcible Entry and Unlawful Detainer" chapter — Idaho hasn't
adopted the Uniform Residential Landlord and Tenant Act used by many other
states.

Deadline to return the deposit

"Refunds shall be made within twenty-one (21) days if no time is fixed by
agreement and, in any event, within thirty (30) days after surrender of
the premises by the tenant" (§ 6-321(2)). In practice, that means 21 days
is the default, but a lease can move that date around — shorter or
longer — as long as it never exceeds the hard 30-day ceiling.

Itemized statement required?

Yes, whenever the refund is for less than the full deposit — the landlord
must provide "a signed statement itemizing the amounts lawfully retained,
the purpose for the amounts retained, and a detailed list of expenditures
made from the deposit" (§ 6-321(2)).

What can be deducted

The landlord may keep only "amounts necessary to cover the contingencies
specified in the deposit arrangement" — in other words, whatever your
lease actually says the deposit is for. The statute is explicit about what
it can never cover: "The landlord shall not retain any part of a security
deposit to cover normal wear and tear," which it defines as "deterioration
which occurs based upon the use for which the rental unit is intended and
without negligence, carelessness, accident, or misuse or abuse of the
premises or contents by the tenant or members of his household, or their
invitees or guests" (§ 6-321(1)).

Maximum deposit amount

None. Idaho's statute sets no ceiling on the deposit amount.

Interest on the deposit?

No. Nothing in § 6-321 requires interest on a held deposit.

Penalty for a late/bad-faith withholding

Idaho's deposit statute itself contains no damages, penalty, or
attorney-fee provision at all. A tenant's actual remedy runs through a
separate, general statute: § 6-320(a)(4) lets a tenant sue a landlord for
"failure to return a security deposit as and when required by law," but
only after giving the landlord "three (3) days written notice, listing
each failure or breach... and written demand requiring performance or
cure" (§ 6-320(d)). If the case goes to judgment, the court simply enters
"judgment... for the amount of the damages assessed" (§ 6-320(c)) — no
built-in multiplier. A larger recovery is possible only by separately
pursuing Idaho's general punitive-damages statute, which caps any punitive
award at "the greater of two hundred fifty thousand dollars ($250,000) or
an amount which is three (3) times the compensatory damages" (§ 6-1604(3))
— but only on "clear and convincing evidence" of "oppressive, fraudulent,
malicious or outrageous conduct" (§ 6-1604(1)), a considerably higher bar
than simply missing the deadline.

Separate account or bond required?

Only when a third party — not the property owner — manages the rental:
"a security deposit for a residential rental premises that is managed by
a third-party manager of a landlord shall be maintained in a separate
account at a federally insured financial institution," kept apart from
"the third-party agent's operating account" (§ 6-321(4)). That requirement
doesn't apply to the property owner, a manager sharing common members or
principals with the owner, a real estate licensee, or certain nonprofit
organizations.

What trips people up

A missed deadline alone doesn't automatically multiply your recovery.
Some secondary sources and even a commercial demand-letter template
describe an automatic "treble damages" rule written into Idaho's deposit
statute. It isn't there — § 6-321 has no penalty language at all.
Multiplied damages require separately proving bad faith under Idaho's
general punitive-damages statute, a higher bar than an ordinary late
return.

You have to give 3 days' written notice before you can sue. Idaho's
tenant remedy for a withheld deposit runs through the general
landlord-noncompliance statute, which requires a written notice and demand
for cure before you have standing to file suit — don't skip straight to
small claims court.

The 21-day default isn't fixed if your lease says otherwise. Check
your lease first: it can move the deadline earlier or later than 21 days,
but never later than the 30-day statutory ceiling.

Common questions

My landlord hasn't returned anything 21 days after I moved out — what do
I do? First check your lease for a different specified deadline (up to
30 days). Once the applicable deadline passes, send the landlord 3 days'
written notice and a demand for cure before filing suit for the amount
owed.

Is there a cap on how much my landlord can charge as a deposit? No.
Idaho law sets no limit.

Can I get triple damages if my landlord acted in bad faith? Only by
separately proving, with clear and convincing evidence, that the
landlord's conduct was oppressive, fraudulent, malicious, or outrageous
under Idaho's general punitive-damages law — not automatically for a
late return.

Statutes and sources

• Idaho Code § 6-321(1) — scope, permitted purposes, and the normal-wear-and-tear bar and definition.
  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-321 (accessed 2026-07-06)
• Idaho Code § 6-321(2) — the 21-day default/30-day outer-cap deadline and itemization duty.
  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-321 (accessed 2026-07-06)
• Idaho Code § 6-321(4) — third-party-manager separate-account requirement.
  https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-321 (accessed 2026-07-06)
• Idaho Code § 6-320(a)(4) — tenant's civil action for a withheld deposit, and the 3-day notice-and-cure requirement.
  https://law.justia.com/codes/idaho/title-6/chapter-3/section-6-320/ (accessed 2026-07-06)
• Idaho Code § 6-1604(3) — general punitive-damages cap and proof standard.
  https://law.justia.com/codes/idaho/title-6/chapter-16/section-6-1604/ (accessed 2026-07-06)