Idaho security deposit rules
Idaho sets no statutory limit on the size of a security deposit. The deposit must be returned 21 days after the tenant surrenders the premises if the rental agreement sets no deadline; the agreement may set a longer period, but in every case the refund (with a signed itemized statement for any deductions) is due within 30 days after surrender. No interest is owed on the deposit under state law.
What the law requires
No statutory limit. Returned 21 days after the tenant surrenders the premises if the rental agreement sets no deadline; the agreement may set a longer period, but in every case the refund (with a signed itemized statement for any deductions) is due within 30 days after surrender. No cap on the deposit amount. Landlord may not retain any part of the deposit for normal wear and tear. 2021 amendment (ch. 197) requires deposits handled by a third-party property manager to be kept in a separate federally insured account. The official legislature.idaho.gov site refused connections during verification, so the statute text was read from Internet Archive (2025-2026) captures of the official pages.
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 21-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing Idaho Code § 6-321. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Idaho rules
- Late fees: No dollar or percentage cap and no statutory grace period. Any fee imposed on a residential tenant, including a late fee, must be reasonable, may not exceed the amount agreed in the rental agreement, and may not be charged unless it is in the written agreement (or the landlord gives 30 days' written notice of the change; oral agreements excepted). Applies to agreements entered into or renewed on or after July 1, 2023. Late fee calculator.
- Notice to end a tenancy: Not less than one month's written notice by either the landlord or the tenant (Idaho Code § 55-208). Separately, a residential landlord must give at least 30 days' written notice of intent not to renew a lease (§ 55-304(2)(a), added 2024). Notice calculator.
- All rules on one page: Idaho landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Idaho?
There is no statutory cap in Idaho; the market and the lease decide. No cap on the deposit amount. Landlord may not retain any part of the deposit for normal wear and tear. 2021 amendment (ch. 197) requires deposits handled by a third-party property manager to be kept in a separate federally insured account. The official legislature.idaho.gov site refused connections during verification, so the statute text was read from Internet Archive (2025-2026) captures of the official pages.
How long does a landlord have to return a security deposit in Idaho?
21 days after the tenant surrenders the premises if the rental agreement sets no deadline; the agreement may set a longer period, but in every case the refund (with a signed itemized statement for any deductions) is due within 30 days after surrender. The statute is Idaho Code § 6-321.
Does a Idaho landlord have to pay interest on the security deposit?
No. Idaho law does not require interest on residential security deposits.