Idaho Security Deposit Return Deadline
- Penalty for missing it
- none (§6-321 itself contains NO multiplier. Treble damages exist only via separate actions: ID Code §6-317 treble damages applies to actions under §6-320 (repairs), not §6-321; 3x is also cited by Idaho Legal Aid under the Consumer Protection Act (ID Code §48-603(16)) for misrepresented repair deductions)
- The law
- Idaho Code §6-321
The rule
Refunds within 21 days if no time fixed by agreement; in any event within 30 days after surrender of the premises. If landlord misses it, tenant sends a certified demand letter and landlord has 3 business days from receipt to return the deposit (4-step AG-manual process).
- Deadline adjustable by lease agreement but NEVER beyond 30 days
- Partial refunds must be accompanied by a SIGNED itemized statement: amounts retained, purpose, detailed list of expenditures (§6-321(2))
- AG manual prescribes a 4-step tenant remedy: demand letter → 3 business days → small claims
- New owner liable for deposits when property changes hands (§6-321(3))
What happens if your landlord misses the deadline
In Idaho, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on Idaho Code §6-321 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in Idaho
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing Idaho Code §6-321 and the none penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
Idaho deposit questions
How long does my Idaho landlord have to return my deposit?
Refunds within 21 days if no time fixed by agreement; in any event within 30 days after surrender of the premises. If landlord misses it, tenant sends a certified demand letter and landlord has 3 business days from receipt to return the deposit (4-step AG-manual process).
What if my landlord never sends an itemized list of deductions?
In most states — including Idaho — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check Idaho Code §6-321 for the exact rule.
Can I get more than my deposit back in Idaho?
Idaho law allows none for §6-321 itself contains NO multiplier. Treble damages exist only via separate actions: ID Code §6-317 treble damages applies to actions under §6-320 (repairs), not §6-321; 3x is also cited by Idaho Legal Aid under the Consumer Protection Act (ID Code §48-603(16)) for misrepresented repair deductions. See our penalties guide for how judges apply this.
Source: https://legislature.idaho.gov/?p=67418 · Verified 2026-10-09