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Renters' Rights · Security Deposit

Security Deposit Laws in Idaho

The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Idaho.

Draft entry: figures pending statute verificationStatute §§6-321, 6-324Source legislature.idaho.gov

Prefer a calculator? Run your rent and move-out date through the Idaho security deposit calculator →

Security deposit at a glance · Idaho
No cap
Idaho sets no statutory maximum on a residential security deposit. Your lease sets the amount.
Maximum depositNo cap
Return deadline21 days (30 max)
Interest to tenantNot required
Separate accountOnly third-party managers
ItemizationRequired
PenaltyDeposit + attorney fees
Statute§§6-321, 6-324

What your landlord can hold, and when it's due back

Enter your rent for the Idaho maximum, plus the return-deadline clock.

Deposit calculator · Idaho
Most a landlord can hold
No legal maximum
Idaho sets no statutory cap; the lease controls the amount.
Return clock: 21 days by default, up to 30 days if the agreement sets a longer time
The deadline runs after the tenant surrenders the premises. Give your landlord a written forwarding address at move-out so the clock starts.

Estimate only, based on Idaho's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.

The full rules, with the statute

Every requirement and where it comes from in the code.

Maximum deposit
No statutory limit

Exceptions: Idaho has no statutory cap on the size of a residential security deposit. Idaho Code 6-321 governs how a deposit is held and returned but says nothing about the amount, so the figure is left to the lease.

Return deadline
Within 21 days if the agreement fixes no time, and within 30 days in any event, after the tenant surrenders the premises
Interest to tenant
Not requiredIdaho law does not require a landlord to pay interest on a security deposit. Idaho Code 6-321 is silent on interest, so none is owed unless the lease promises it.
Separate account
ConditionalA landlord is not required to keep the deposit in a separate account. The exception is a third party who holds the deposit as a manager: that person must keep it in a separate, federally insured account at a bank or savings and loan in Idaho.
Itemization
Required whenever the landlord keeps any part of the deposit. Any refund for less than the full amount must come with a signed statement that itemizes the amounts kept, the reason for each, and a detailed list of what the deposit was spent on. A landlord may not keep any part of the deposit for normal wear and tear.

Penalties & recent changes

What happens if the landlord keeps your deposit wrongfully.

If the landlord withholds wrongfully
If the landlord does not return the deposit or provide the required itemized statement on time, they lose the right to keep any part of it, and the tenant can sue to recover what was wrongfully withheld. Under Idaho Code 6-324, the prevailing party in a suit under this chapter is entitled to reasonable attorney fees, so a tenant who wins can recover the deposit plus fees and court costs. Idaho Code 6-321 itself does not add a separate treble-damages penalty.

What Idaho renters get wrong

Idaho puts no statutory cap on a residential security deposit, so a landlord may ask for whatever the lease sets, though one to two months of rent is common. The core rule is the return deadline: under Idaho Code 6-321 the deposit must come back within 21 days if the agreement fixes no time, and within 30 days in every case, after you surrender the unit. If the landlord keeps any part of it, they have to send a signed statement itemizing each amount, the reason, and how the money was spent, and they cannot bill you for normal wear and tear. Idaho does not require interest on the deposit, and only a third-party manager, not an ordinary landlord, must hold it in a separate federally insured account. Miss the deadline or skip the itemized statement and the landlord loses the right to keep any of the deposit. If you have to sue, Idaho Code 6-324 lets the winning party recover reasonable attorney fees, so a successful tenant gets the deposit back plus fees and costs.

Common questions

Is there a limit on how much a landlord can charge for a security deposit in Idaho?

No. Idaho has no statutory cap on the amount of a residential security deposit. Idaho Code 6-321 controls how the deposit is held and returned but does not limit the amount, so the figure is whatever your lease sets. In practice most Idaho landlords ask for one to two months of rent.

How long does an Idaho landlord have to return my deposit?

Within 21 days after you surrender the unit if your agreement does not fix a time, and within 30 days in any event. Your agreement can set a longer period than 21 days, but the outside limit is always 30 days.

What happens if my Idaho landlord does not return my deposit or send an itemized statement?

If the landlord misses the deadline or fails to give you a signed statement itemizing the deductions, they lose the right to keep any part of the deposit. You can sue to recover what was wrongfully withheld, and under Idaho Code 6-324 the prevailing party is entitled to reasonable attorney fees, so a tenant who wins can recover the deposit plus fees and court costs.

Does an Idaho landlord have to pay interest or use a separate account?

Idaho does not require a landlord to pay interest on your deposit. There is also no general requirement to hold it in a separate account. The one exception is a third-party manager who holds the deposit, who must keep it in a separate, federally insured account at an Idaho bank or savings and loan.

Primary source
Idaho Code §§6-321, 6-324
Idaho Legislature, Idaho Code §6-321 (security deposits) and §6-324 (attorney fees) · legislature.idaho.gov
Draft: pending editorial review
Every figure is corroborated by two or more independent sources. FindLaw returned the verbatim text of Idaho Code 6-321 (the 21-day / 30-day return rule and the itemized-statement requirement), and multiple property-law and attorney summaries agree there is no statutory cap on the deposit amount. The attorney-fee point is confirmed against the text of Idaho Code 6-324. However, the official Idaho Legislature page for section 6-321 returned a connection error this session, and the Justia and FindLaw mirrors returned HTTP 403, so the verbatim government text was not fetched directly. The record stays draft until a human confirms the section text in a browser at legislature.idaho.gov. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

Security deposit · other states