How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Idaho, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Idaho |
|---|---|
| Amounts necessary to cover the contingencies specified in the deposit arrangement (e.g., unpaid rent, tenant-caused damage) | Permitted, if substantiated |
| Claimed deduction | Permitted in Idaho |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without a signed, itemized statement (for partial refunds) | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may retain only amounts necessary to cover contingencies specified in the deposit arrangement, and may not retain for normal wear and tear. Any partial refund must be itemized in a signed statement. To recover 3x damages, the tenant must first satisfy the §6-320(d) 3-day notice precondition.
In Idaho the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Idaho Code § 6-321(1) ↗
A landlord who withholds in bad faith may be liable for 3x actual loss.
Failure to return the security deposit as and when required by law is an express ground for a tenant action for damages under §6-320(a)(4). Under §6-317, in such an action judgment may be entered for THREE TIMES the actual damages assessed, plus costs. PRECONDITION: under §6-320(d), the tenant must first give the landlord 3 days' written notice listing each failure and demanding cure before filing.
Idaho Code § 6-320(a)(4); § 6-317 ↗The tenant may recover the landlord's attorney fees.
Under §6-324, the prevailing party in an action under this chapter is entitled to attorney fees, EXCEPT where treble damages are awarded. Note: when the 3x award applies, fees are not separately recoverable.
Idaho Code § 6-324 ↗Idaho's deposit penalty is hidden across statutes: §6-320(a)(4) makes non-return a suable wrong, §6-317 allows treble actual damages, and §6-324 adds fees (unless treble applies). Subject to the 3-day notice precondition in §6-320(d).
Idaho Code § 6-320(a)(4), § 6-317 ↗To unlock the 3x remedy, the tenant must first give the landlord 3 days' written notice listing each failure and demanding cure. This procedural step is frequently overlooked.
Idaho Code § 6-320(d) ↗““Idaho has no penalty for withholding a deposit.””
Failure to return my deposit as and when required by law is a ground for a tenant action under §6-320(a)(4), which can yield three times my actual damages under §6-317, plus costs.
Idaho Code § 6-320(a)(4), § 6-317
““I'm deducting for damages.””
You may retain only amounts for contingencies specified in our deposit arrangement, and you may not retain for normal wear and tear. Any partial refund must be itemized in a signed statement.
Idaho Code § 6-321(1), (2)
““You can't sue — you never gave notice.””
I am giving you this 3-day written notice now, listing the failure to return my deposit and demanding cure. Once the 3 days pass without cure, I will have standing to sue.
Idaho Code § 6-320(d)
Some widely circulated summaries of Idaho deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries (reading §6-321 alone) | No statutory penalty |
| Idaho Code § 6-320(a)(4) + § 6-317 | 3x actual damages + costs for failure to return |
What we follow: 3x actual damages (via §6-320/6-317)
§6-321 alone has no penalty, but §6-320(a)(4) expressly lists deposit non-return as a suable wrong, and §6-317 provides treble actual damages. Reporting "no penalty" ignores the operative remedy chain.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Idaho Code § 6-321(2) | 2026-10-15 | official text ↗ |
| Idaho Code § 6-320(a)(4); § 6-317 | 2026-10-15 | official text ↗ |
| Idaho Code § 6-324 | 2026-10-15 | official text ↗ |
| Idaho Code § 6-321(1) | 2026-10-15 | official text ↗ |
| Idaho Code § 6-320(a)(4), § 6-317 | 2026-10-15 | official text ↗ |
| Idaho Code § 6-320(d) | 2026-10-15 | official text ↗ |
Primary reference: Idaho Code § 6-321 (Security deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
→ All Idaho tenant rights topics
The statute does not permit deductions for: normal wear and tear; any amount without a signed, itemized statement (for partial refunds).
The landlord. The landlord may retain only amounts necessary to cover contingencies specified in the deposit arrangement, and may not retain for normal wear and tear. Any partial refund must be itemized in a signed statement. To recover 3x damages, the tenant must first satisfy the §6-320(d) 3-day notice precondition.
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
No. Normal wear and tear