Idaho's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is No statewide cap. The return deadline is 21 days after surrender of possession / termination, or 30 days if damage deductions require estimates, with itemization. Interest: No statewide interest requirement. The controlling authority is Idaho Code § 6-321. Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount wrongfully withheld in bad faith.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 21 days after surrender of possession / termination, or 30 days if damage deductions require estimates, with itemization
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount wrongfully withheld in bad faith.
- Primary authority: Idaho Code § 6-321.
Worked example under Idaho law
The illustration below uses only rules already stated for Idaho. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Idaho rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 21 days after surrender of possession / termination, or 30 days if damage deductions require estimates, with itemization
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount wrongfully withheld in bad faith.
Idaho does not cap residential security deposits statewide. Landlords must return the deposit and itemize deductions within 21 days (or 30 with estimates). Document unit condition. Small claims is the usual enforcement path.
Deposit limits in Idaho
No statewide cap
When the deposit must be returned
21 days after surrender of possession / termination, or 30 days if damage deductions require estimates, with itemization
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount wrongfully withheld in bad faith.
Practical process for tenants and landlords
Idaho does not cap residential security deposits statewide. Landlords must return the deposit and itemize deductions within 21 days (or 30 with estimates). Document unit condition. Small claims is the usual enforcement path.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
Related Idaho guides
Case law: security deposits in Idaho
STATE of Idaho, Plaintiff-Respondent, v. Eric Anthony BRAUCH, Defendant-Appellant
…ned a one-year rental agreement with Anchor and paid a $400 security deposit. The rental agreement specified that if the tenants vacated or abandoned the premises, Johnson or Anchor could dispose of any property left on the premises. Although rent was due on the first day of the month, the tenants paid the rent on the fifth. On January 7, 1997, Johnson informed Karen DeHoog, An…
On security deposits, STATE of Idaho, Plaintiff-Respondent, v. Eric Anthony BRAUCH, Defendant-Appellant speaks to the Idaho dispute in this passage: "Anchor and paid a $400 security deposit. The rental agreement specified that if the tenants vacated or abandoned the premises, Johnson or Anchor could dispose of any property left on the premises." The surrounding opinion shows how the court applied that language to the record.
SILVER CREEK COMPUTERS, INC., an Idaho Corporation, Plaintiff-Appellant, v. PETRA, INC., an Idaho Corporation; And
…the health or safety of the tenant; (4) Failure to return a security deposit as and when required by law; (5) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the tenant, whether explicitly or implicitly a part thereof; (6) Failure to install approved smoke detectors in each dwelling unit, to include mobile homes, un…
Idaho opinions such as SILVER CREEK COMPUTERS, INC., an Idaho Corporation, Plaintiff-Appellant, v. PETRA, INC., an Idaho Corporation; And are cited where security deposits is disputed. The court stated: "the health or safety of the tenant; (4) Failure to return a security deposit as and when required by law; (5) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the tenant, whether explicitly or implicitly a part thereof" That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the ESTATE of Ruth D. BOGERT, Deceased. Rozalys B. SMITH and E. A. “Dee” Bogert, Personal
…roceedings before the magistrate ruled that “[securities on deposit in a joint tenancy brokerage account belong entirely to the surviving joint tenant unless there is clear and convincing evidence of a contrary intent at the time the account was created.” Having reversed the burden of proof from that applied by the magistrate, and finding no evidence of a “contrary intent,” the…
Practitioners open In the Matter of the ESTATE of Ruth D. BOGERT, Deceased. Rozalys B. SMITH and E. A. “Dee” Bogert, Personal when Idaho security deposits turns on the distinction in this sentence: "roceedings before the magistrate ruled that “[securities on deposit in a joint tenancy brokerage account belong entirely to the surviving joint tenant unless there is clear and convincing evidence of a contrary intent at the time the account was created.” Having reversed the burd" Do not lift it out of the facts the court was deciding.
Warren L. MALLORY and Donna Lee A. Mallory, Husband and Wife, Plaintiffs-Respondents, v. Peter F. WATT, H. Lanier
…Watt had spent $1,070 which should have been held as tenant security deposits, that there was a $675 delinquent sewer charge, and $2,100 for tax obligations. All of those monies were chargeable to actions on Watt’s (IAP) part and not to normal closing costs. Nevertheless, Watt claimed that one of the conditions of the transaction was that Watt (IAP) would need little or no cash…
Practitioners open Warren L. MALLORY and Donna Lee A. Mallory, Husband and Wife, Plaintiffs-Respondents, v. Peter F. WATT, H. Lanier when Idaho security deposits turns on the distinction in this sentence: "Watt had spent $1,070 which should have been held as tenant security deposits, that there was a $675 delinquent sewer charge, and $2,100 for tax obligations. All of those monies were chargeable to actions on Watt’s (IAP) part and not to normal closing costs." Do not lift it out of the facts the court was deciding.
TERRY Et Al. v. TERRY Et Al.
TERRY Et Al. v. TERRY Et Al., 70 Idaho 161 (1950)
….00. The agreement of sale, abstracts and other papers were deposited with the respondent First Security Bank under an escrow agreement. Defendant, learning of such sale, notified the escrow holder on July 1, 1947, not to disburse any additional part of the escrow payments and that he was the owner of an undivided one-half interest in the land. The entire purchase price was pai…
TERRY Et Al. v. TERRY Et Al. is worth reading on Idaho security deposits because the court put the point in its own words: "The agreement of sale, abstracts and other papers were deposited with the respondent First Security Bank under an escrow agreement." Use that passage as the starting point, then read the facts that precede it.
Geringer Capital v. Taunton Properties, LLC
Geringer Capital v. Taunton Properties, LLC, 172 Idaho 95 (2023)
…of tenant rent payments, no property defects, turning over security deposits and prepaid rent, compliance with code requirements).” The district court concluded that the absence of specific provisions for these material terms rendered the Offer Letter a mere “agreement to agree.” Geringer contends that the district court erred in making these findings because the determination…
On security deposits, Geringer Capital v. Taunton Properties, LLC speaks to the Idaho dispute in this passage: "The district court concluded that the absence of specific provisions for these material terms rendered the Offer Letter a mere “agreement to agree." The surrounding opinion shows how the court applied that language to the record.
John C. YOUNG, a Single Man, and Dorthy Y. Dailey, a Single Woman, Plaintiffs-Appellants, v. Anne M. SCOTT, a Single
…ailure to make the leased premises habitable or to return a security deposit. Subsection (d) provides: Before a tenant shall have standing to . file an action under this section he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days…
John C. YOUNG, a Single Man, and Dorthy Y. Dailey, a Single Woman, Plaintiffs-Appellants, v. Anne M. SCOTT, a Single is worth reading on Idaho security deposits because the court put the point in its own words: "Subsection (d) provides: Before a tenant shall have standing to . file an action under this section he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure." Use that passage as the starting point, then read the facts that precede it.
Robert PROUSE and Erwin Prouse, Plaintiffs-CounterdefendantsRespondents-Cross-Appellants, v. Max S. RANSOM and
…In this agreement, the term advancement denoted a possible security deposit paid to the power company. It did not signify a loan by the tenants to the owners, by payment of the owners’ obligation to the power company. We hold that the lease was unambiguous. The tenants were required only to provide a security deposit against their own contemplated power charges, not to pay the…
Idaho opinions such as Robert PROUSE and Erwin Prouse, Plaintiffs-CounterdefendantsRespondents-Cross-Appellants, v. Max S. RANSOM and are cited where security deposits is disputed. The court stated: "In this agreement, the term advancement denoted a possible security deposit paid to the power company. It did not signify a loan by the tenants to the owners, by payment of the owners’ obligation to the power company. We hold that the lease was unambiguous." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How much can a landlord charge for a security deposit in Idaho?
No statewide cap
How long does a landlord have to return my deposit?
21 days after surrender of possession / termination, or 30 days if damage deductions require estimates, with itemization
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support recovery of the deposit plus damages of up to three times the amount wrongfully withheld in bad faith.
This guide covers Idaho residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.