Landlord Atlas

What are the security deposit rules in Idaho?

Verified October 1, 2026 All Idaho topics →

Idaho puts no cap on security deposits, but the landlord must refund the deposit within 21 days after the tenant surrenders the premises — or within a different period the lease fixes, never more than 30 days after surrender.

Cited to Idaho Code § 6-321 (1)-(4) and 5 more cited sources · Verified October 1, 2026

Any partial refund must come with a signed statement itemizing what was kept, why, and how it was spent, and nothing may be kept for normal wear and tear, which the statute defines. A shorted tenant's remedy is a damages suit under § 6-320 after a 3-day written demand; the court may award three times the actual damages (§ 6-317), and where it does not, attorney fees go to whoever wins (§ 6-324). One quiet 2021 addition: deposits held by a third-party property manager must sit in a separate account at a federally insured institution, though owners, owner-affiliated managers, real estate licensees, and nonprofits are all exempt from that rule.

Idaho security deposits at a glance

Maximum deposit No statutory cap
Return deadline 21 days
Deadline conditions

That 21 days is the default where the lease fixes no other period. The lease may set a different deadline, but the refund is due within 30 days after surrender no matter what, and the clock runs from surrender of the premises rather than from any forwarding address (Idaho Code § 6-321(2)).

Refund is due within 21 days after termination of the lease and surrender of the premises if no time is fixed by agreement; the parties' agreement may fix a different period, but the refund is due in any event within 30 days after surrender (§ 6-321(2)). Idaho has no forwarding-address trigger.
Itemization required Yes
Itemization rules Any refund of less than the full amount deposited must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose for each amount retained, and a detailed list of expenditures made from the deposit (§ 6-321(2)). No part of the deposit may be retained for normal wear and tear, which § 6-321(1) defines as deterioration from intended use without negligence, carelessness, accident, or misuse by the tenant, household members, invitees, or guests.
Separate account required Yes
Interest owed to tenant No
Account & interest rules A security deposit for premises managed by a third-party manager must be kept in a separate account at a federally insured financial institution, apart from the manager's operating account. The rule does not apply to a property owner, to managers who share members or principals with the owner entity, to a real estate licensee or to a nonprofit organization (Idaho Code § 6-321(4)). No statute requires interest on a deposit.
Pet deposits No statute addresses a pet deposit, and no general deposit cap exists for one to count against. The pet-deposit rule, pet rent and fees, and the assistance-animal rules are on the pets and assistance animals page.
Non-refundable fees allowed Not addressed by statute
Penalty for violation

Idaho sets no fixed multiplier, but the court may triple the damages. A shorted tenant sues for damages and specific performance under § 6-320(a)(4), after first giving the landlord a 3-day written notice and demand to cure; judgment may be entered for three times the actual damages (§ 6-317), and where treble damages are not awarded the prevailing party recovers attorney fees (§ 6-324).

The claim is for failure to return a deposit as required by law (§ 6-320(a)(4)). The 3-day written notice and demand is a precondition to filing (§ 6-320(d), served per § 6-323). Trebling is at the court's discretion (§ 6-317), and attorney fees go to the prevailing party except in cases where treble damages are awarded (§ 6-324).
Tenant forwarding-address duty Not addressed by statute

Cite this page: "Landlord Atlas, Idaho Security Deposit Laws (verified October 1, 2026), landlordatlas.com/laws/security-deposits/idaho/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Generate a Idaho security-deposit return letter — free, no signup, built on the same verified Idaho law as this page.

Editable Idaho deposit kit — the deposit disposition letter, the move-in receipt with the custody and interest statements, a deposits-held register with the return deadline computed, and the rules fact sheet built on the verified Idaho rules on this page, in Word, fillable PDF and Excel.

Notes and caveats

Common questions: Idaho security deposits

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much can a landlord charge for a security deposit in Idaho?
No statutory cap.
How long does a landlord have to return a security deposit in Idaho?
21 days. That 21 days is the default where the lease fixes no other period. The lease may set a different deadline, but the refund is due within 30 days after surrender no matter what, and the clock runs from surrender of the premises rather than from any forwarding address (Idaho Code § 6-321(2)).
What happens if a landlord does not return the deposit on time in Idaho?
Idaho sets no fixed multiplier, but the court may triple the damages. A shorted tenant sues for damages and specific performance under § 6-320(a)(4), after first giving the landlord a 3-day written notice and demand to cure; judgment may be entered for three times the actual damages (§ 6-317), and where treble damages are not awarded the prevailing party recovers attorney fees (§ 6-324).
Do landlords have to pay interest on security deposits in Idaho?
No — Idaho does not require interest on the security deposit to be paid to the tenant. A security deposit for premises managed by a third-party manager must be kept in a separate account at a federally insured financial institution, apart from the manager's operating account. The rule does not apply to a property owner, to managers who share members or principals with the owner entity, to a real estate licensee or to a nonprofit organization (Idaho Code § 6-321(4)). No statute requires interest on a deposit.
Can a landlord charge a non-refundable fee in Idaho?
Not addressed by statute.

Citations

How this record was verified: Direct read of statute text on legislature.idaho.gov (official HTML section pages), with the enrolled session laws S1043 (2025 ch. 65 recodification), H0594 (2020 ch. 254), H0545 (2024 ch. 257); Idaho Attorney General Landlord and Tenant Manual used as official agency confirmation of verified negatives (July 2025 edition at the original pass; on 2026-08-12 the citations were repointed to the July 2026 edition after confirming the relied-on guidance — deposits/rent refundability framing, entry-rights lease-drafting advice, late-fee coverage — is unchanged); pre-2025 section numbering reconciled on the text of S1043 and the section history lines. September 5, 2026 addendum: the decisive figures touched by the 2025-2026 enactments reviewed that day were re-read on the official host — §§ 55-304, 55-305, 55-306, 6-303A, 6-310A and 74-105 on legislature.idaho.gov (statutes current through the 2026 session); the earlier reads stand as recorded. On October 1, 2026 every section the security deposit, rent increase, late fee, entry and eviction answers rest on was read again on the section pages of legislature.idaho.gov (statutes current through the 2026 session): Title 6, chapter 3; Title 55, chapters 2 and 3; the Manufactured Home Residency Act (Title 55, chapter 20) and the Floating Homes Residency Act (Title 55, chapter 27); sections 73-108, 73-109, 1-2208 and 74-105; the Idaho Rules of Civil Procedure on isc.idaho.gov; and the Attorney General's Landlord and Tenant Manual (July 2026).