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Idaho security deposit laws for landlords: 21 days, a 30-day outer limit and a signed statement

Idaho Code 6-321 treats any money a tenant gives for a purpose other than rent as a security deposit. The refund is due within 21 days if the agreement sets no time, and in any case within 30 days after the tenant surrenders the premises. Part-refunds need a signed statement, and normal wear and tear cannot be charged.

What counts as a deposit in Idaho?

Any money a tenant gives the landlord for a purpose other than rent. The definition is wide, so a "cleaning fee" or "pet deposit" that is refundable in substance falls inside it. Name the purpose of every charge in the lease and decide in advance whether it is rent, a fee that is not refundable, or a deposit.

What are the deadlines?

After the lease ends and the tenant surrenders the premises, the landlord returns the deposit minus amounts needed for the contingencies listed in the deposit agreement. Refunds are due within 21 days if the agreement sets no time, and in any case within 30 days after the tenant surrenders the premises. The statute caps neither the amount of the deposit nor, on the page I read, sets a penalty for withholding.

Example a made-up landlord in Boise has a deposit agreement that says "refund within 25 days". The tenant surrenders the unit on the 1st. The agreement sets the time, so the refund is due by the 26th, and the 30-day outer limit still applies.

Can an Idaho landlord keep money for normal wear and tear?

No. The statute states that the landlord cannot keep any part of the deposit for it. Wear and tear is defined as deterioration from intended use, without negligence, accident or misuse. Faded paint after years of living is normal; a hole from a door handle slammed into a wall is damage.

What must go with a partial refund?

If the refund is less than the full deposit, it must include a signed statement listing the amounts kept, the reason for each, and a detailed list of expenditures from the deposit. The detail requirement means invoices and receipts belong with the statement.

What about a sale or a third-party manager?

If the property is sold during a tenancy, the new owner is liable for refunding the deposits. For residential rentals managed by a third-party manager, the deposit must be held in a separate account at a federally insured institution, kept apart from the manager's operating account. Owners, certain related managers, real estate licensees and certain nonprofits are exempt from that requirement.

Writing a deposit agreement that works in Idaho

Because the statute lets the parties list contingencies in the deposit agreement, the agreement itself matters. State what the deposit secures: unpaid rent, damage beyond wear and tear, unpaid utilities, and any cleaning that is needed to return the unit to its move-in condition. State the refund time you promise, which can be shorter than the 21-day default but cannot push past 30 days after surrender. Describe the move-in condition and attach photos. At move-out, compare the same rooms, keep invoices and prepare the signed statement early, so the day the keys come back is the day the refund goes out. A record built that way answers most disputes before they start.

How DoorKeeping fits in Idaho

DoorKeeping records each Idaho deposit against the lease, counts down to the return deadline and drafts the itemized statement for you to approve. Receipts and photos attach to the move-out record, so the detailed list of expenditures is ready when the statement is. This is general information, not legal advice. Check the current statute and your lease before you act.

Sources

  1. Idaho Code 6-321, Security deposits (Idaho Legislature), read Oct 30, 2026

Questions

How long does an Idaho landlord have to return a deposit?
Within 21 days if the agreement sets no time, and in any case within 30 days after the tenant surrenders the premises.
Can an Idaho landlord charge for normal wear and tear?
No. The landlord cannot keep any part of the deposit for it.
What must an Idaho landlord send with a partial refund?
A signed statement listing the amounts kept, the reason for each and a detailed list of expenditures from the deposit.