How long a landlord has to return your deposit, and what you can claim if they miss it
This page covers residential security deposits in Idaho, where a landlord has kept some or all of a deposit after a tenancy ends.
It does not cover:
Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.
Measured from Surrender of the premises by the tenant (default if no time is fixed by agreement).
Refunds must be made within 21 days if no time is fixed by agreement, and in any event within 30 days after surrender of the premises. Any refund less than the full deposit must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose, and a detailed list of expenditures.
Idaho Code § 6-321(2) ↗Measured from Surrender of the premises by the tenant (absolute maximum, if a longer period is fixed by agreement).
In any event, the refund may not exceed 30 days after surrender of the premises, even if the agreement fixed a longer period.
Idaho Code § 6-321(2) ↗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 ↗The clock does not start on the day you decided to leave. In Idaho it starts Surrender of the premises by the tenant (default if no time is fixed by agreement) — for most leases that is the date you hand back the keys, not the date your notice period began.
““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)
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.
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21 or 30 days, counted from Surrender of the premises by the tenant (default if no time is fixed by agreement). Idaho Code § 6-321(2).
A landlord who withholds in bad faith may be liable for 3x actual loss. Idaho Code § 6-320(a)(4); § 6-317
It runs from Surrender of the premises by the tenant (default if no time is fixed by agreement) — the date you vacated and returned the keys, not the date your notice period began.
No — Idaho small claims are handled in the Magistrate Division. The jurisdictional limit is $5,000. Attorneys are generally not allowed in small claims court.