Idaho Security Deposit Law
Idaho rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory cap on the amount of a security deposit. Idaho Code § 6-321
The rules in Idaho
| Security deposit limit | No statutory cap on the amount of a security deposit. § 6-321 regulates refund of deposits but sets no maximum. § 55-306 (added 2025) also bars local governments from regulating the deposits owners may charge. Source: Idaho Code § 6-321 |
|---|---|
| Deposit return deadline | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. AG manual (July 2026) confirms the 21-day rule, adjustable by agreement up to 30 days. Source: Idaho Code § 6-321 |
| Itemized deductions | If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. Source: Idaho Code § 6-321 |
| Interest on deposits | No statute requires landlords to pay interest on deposits. § 6-321 contains no interest requirement. It does require third-party property managers to hold residential deposits in a separate account at a federally insured institution (owners and certain others exempt). Source: Idaho Code § 6-321 |
| Penalty for withholding | Tenant may sue for failure to return a deposit as required by law (after a 3-day written notice to the landlord); the court may enter judgment for up to three times actual damages, plus costs and attorney fees. § 6-320(a) lists failure to return a deposit as an actionable landlord breach and requires 3 days' written notice before suing (https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-320/); § 6-317 allows treble damages in actions under § 6-320 ('may', discretionary). AG manual describes the same remedy. |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
Idaho vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| Idaho | No statutory cap on the amount of a security deposit. Idaho Code § 6-321 | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321 | If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. Idaho Code § 6-321 |
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203 |
| Nevada | Security deposit plus any surety bond may not total more than 3 months' periodic rent. NRS 118A.242(1) | 30 days after termination of the tenancy. NRS 118A.242(4) | Landlord must give an itemized, written accounting of the disposition of the deposit (and/or surety bond) with any remaining balance within 30 days. Deductions limited to unpaid rent, damage beyond normal wear, and reasonable cleaning costs. NRS 118A.242(4) |
| Oregon | No statutory cap on the amount of a security deposit. ORS 90.300 | 31 days after the tenancy terminates and the tenant delivers possession. ORS 90.300(12)-(13) | Within the same 31 days, the landlord must give a written accounting stating specifically the basis of each claim. Deductions are limited to amounts reasonably necessary to remedy tenant defaults (including unpaid rent) or repair damage beyond ordinary wear and tear. ORS 90.300(7), (12) |
| Utah | No statutory cap. Utah Code 57-17-1 to 57-17-5 | No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Utah Code 57-17-3(2)-(5) | Required: written notice itemizing and explaining the reason for each deduction, with the balance of the deposit and any prepaid rent. Deductions allowed for rent, damage beyond reasonable wear and tear, other contractual costs and fees, and cleaning. Utah Code 57-17-3(1)-(2) |
| Washington | No statutory cap on a residential security deposit. A holding fee/deposit to secure a unit may not exceed 25% of the first month's rent, and tenants may request to pay deposits, nonrefundable fees and last month's rent in installments (3 equal monthly installments for terms of 3 months or more; 2 otherwise). RCW 59.18.260; RCW 59.18.610 | 30 days after the rental agreement terminates and the tenant vacates (or 30 days after the landlord learns of abandonment). RCW 59.18.280(1) | Required: a full and specific statement of the basis for retaining any of the deposit, with supporting documentation (estimates, invoices, receipts; time and hourly rate for landlord's own labor). No deductions for ordinary wear, for carpet cleaning unless wear exceeds ordinary use, or for conditions not documented on the move-in checklist. RCW 59.18.280(1) |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | Landlord must deliver or mail a written itemization of deductions, with reasons, together with any balance. Allowed deductions: accrued rent, damage beyond reasonable wear and tear, the cost of cleaning to move-in condition, and other costs provided by contract. W.S. 1-21-1208(a) |
City rules that may add to state law
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- Free legal help in Idaho
Compare security deposits in all 50 states and DC →
Idaho Security Deposit Law FAQ
How much can a landlord charge for a security deposit in Idaho?
No statutory cap on the amount of a security deposit. (Idaho Code § 6-321)
How long does a landlord have to return a security deposit in Idaho?
21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. (Idaho Code § 6-321)
Does a landlord in Idaho have to give an itemized list of deposit deductions?
If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. (Idaho Code § 6-321)
Does a landlord have to pay interest on a security deposit in Idaho?
No statute requires landlords to pay interest on deposits. (Idaho Code § 6-321)
What happens if a landlord in Idaho wrongfully keeps a security deposit?
Tenant may sue for failure to return a deposit as required by law (after a 3-day written notice to the landlord); the court may enter judgment for up to three times actual damages, plus costs and attorney fees. (Idaho Code §§ 6-320(a), 6-317, 6-324)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.