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Idaho security deposit: 21 days to get it back

If the lease or other agreement fixes no time, the landlord must refund the deposit or send a partial refund with an itemized statement within 21 days. Whatever the agreement says, the refund is due in any event within 30 days after the tenant surrenders the premises, so an agreed period can be longer than 21 days but never beyond 30.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in Idaho Code § 6-321, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: A partial refund must come with a signed statement itemizing the amounts kept, the purpose of each, and a detailed list of expenditures made from the deposit. No part of the deposit may be kept for normal wear and tear. No receipt threshold appears in the statute.
Forwarding address: Section 6-321 sets no forwarding-address requirement. Idaho legal-aid guidance says the tenant should make sure the landlord has a way to reach them, so they can prove the landlord knew where to send the refund.
If the landlord breaks the rules: Section 6-321 itself lists no penalty. A tenant may sue under § 6-320 after written notice to the landlord (legal-aid sources describe a 3-day demand, excluding weekends and holidays). Under § 6-317 the court may enter judgment for three times actual damages. Idaho Legal Aid describes this as available when the landlord acted maliciously or intentionally, and the Attorney General's manual says up to three times the deposit plus costs and attorney fees.
Deposit cap: No statutory cap on deposits or rent.
Small claims limit: $15,000 in Small Claims Department of the Magistrate Division of the District Court
Statute: Idaho Code §§ 6-321 (deposits), 6-320 and 6-317 (tenant's remedy and treble damages)

Recent changes

Small-claims limit rose from $5,000 to $15,000 effective July 1, 2026 (S 1330, amending Idaho Code § 1-2301); this changes the forum, not the deposit rules. Section 6-321 was last amended in 2021 (separate account for deposits held by third-party managers).

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite Idaho Code § 6-321. Give a date to respond.
If you still aren't paid, file in Small Claims Department of the Magistrate Division of the District Court. Deposit claims up to $15,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Idaho demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Idaho Code § 6-321, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 21 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Idaho have to return a security deposit?

What happens if a Idaho landlord keeps the deposit wrongfully?

Section 6-321 itself lists no penalty. A tenant may sue under § 6-320 after written notice to the landlord (legal-aid sources describe a 3-day demand, excluding weekends and holidays). Under § 6-317 the court may enter judgment for three times actual damages. Idaho Legal Aid describes this as available when the landlord acted maliciously or intentionally, and the Attorney General's manual says up to three times the deposit plus costs and attorney fees.

Do I have to give my Idaho landlord a forwarding address?

Section 6-321 sets no forwarding-address requirement. Idaho legal-aid guidance says the tenant should make sure the landlord has a way to reach them, so they can prove the landlord knew where to send the refund.

Where do I sue for my deposit in Idaho?

Deposit claims up to $15,000 can be filed in Small Claims Department of the Magistrate Division of the District Court. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.