Overview
Idaho is one of the more landlord-friendly states when it comes to security deposit regulations. The state does not cap the amount a landlord may charge, and the return timeline is relatively standard. However, landlords must still follow specific rules regarding deductions and itemized statements.
This guide covers everything landlords and tenants need to know about security deposits in Idaho.
Deposit Limits
Idaho has no statutory limit on the amount a landlord may charge as a security deposit. Landlords are free to set any amount they deem appropriate. In practice, most landlords charge between one and two months' rent, though there is no legal restriction preventing a higher amount.
Unlike some states, Idaho does not distinguish between furnished and unfurnished units for deposit purposes, and there is no separate cap for pet deposits.
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Cleaning: Costs to restore the unit to the same level of cleanliness as at move-in
- Damage beyond normal wear and tear: Repairs for tenant-caused damage
- Other lease obligations: Any other amounts owed under the terms of the lease
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs or marks on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight exposure
Damage beyond normal wear and tear includes:
- Large holes in walls or doors
- Stained, burned, or torn carpet
- Broken windows, fixtures, or appliances
- Unauthorized alterations to the property
Return Timeline
Landlords must return the security deposit within 21 days of the tenant vacating the unit, or up to 30 days if the lease agreement specifies the longer period. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
If the landlord fails to return the deposit or provide the required itemized statement within the deadline, the landlord may forfeit the right to withhold any portion of the deposit and may be liable for up to three times the amount wrongfully withheld.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit
- File a claim in Small Claims Court (up to $5,000 in Idaho)
- Seek treble damages: Courts may award up to three times the amount wrongfully withheld if the landlord acted in bad faith
Tenants should document the condition of the unit at both move-in and move-out with photographs and written records to support any potential claims.