Idaho security deposit laws are detailed under the Idaho Code Section 6-321. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under Idaho law. Please note that rules and regulations may vary by municipality.
Idaho law does not impose a limit on the amount a landlord can charge as a security deposit. The amount is typically determined by the lease agreement between the landlord and the tenant.
There are no specific statutory requirements in Idaho regarding how or where the security deposit must be held unless the rental premises is managed by a third-party manager in which case the landlord shall keep the deposit in a separate account at a federally insured financial institution.
Idaho law does not mandate specific notification requirements concerning the handling of the security deposit at the time of collection.
Idaho law does not require landlords to pay interest on security deposits.
Landlords in Idaho are required to return the security deposit, or the balance of the deposit, within 21 days after the tenant vacates the rental unit. This timeline can be extended up to 30 days if the lease agreement provides for it. The landlord must also provide an itemized list of deductions, if any, along with the remaining deposit.
When returning the deposit, landlords must include a written itemization of all deductions made from the security deposit. This itemized list should specify the damages or charges that were deducted, along with the cost associated with each item.
Idaho landlords may lawfully deduct funds from security deposits for:
If a landlord fails to return the security deposit within the required time frame or does not provide an itemized list of deductions, they may forfeit their right to make any deductions and could be liable for the full amount of the deposit. In addition, tenants may take legal action to recover the deposit and may be awarded damages equal to the amount wrongfully withheld, along with court costs and attorney fees.
Ownership Change: If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.