Idaho Code §§ 6-301 to 6-324 § 6-321
SECURITY DEPOSITS.
Operative Text
(1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests. (2) Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit. (3) 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. (4) A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution. Such account shall be maintained separate from the third-party agent’s operating account. The requirements of this subsection shall not apply to a property owner, managers who have common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization as established under chapter 30, title 30, Idaho Code.
Idaho Code § 6-321 governs how security deposits are handled in residential rental relationships. Any money a tenant pays a landlord for purposes other than rent is treated as a security deposit and must be returned after the tenancy ends, minus only amounts that cover specific, documented losses — never ordinary wear and tear. Refunds must be issued within 21 days (or up to 30 days if the agreement specifies a longer period), and any partial refund must come with a signed, itemized statement explaining what was kept and why. When a rental property changes hands mid-tenancy, the new owner takes on responsibility for returning those deposits.
Plain English — not legal advice.
Under § 6-321, compliant operators return security deposits — or provide a signed itemized accounting of any deductions — within the statutory window of 21 to 30 days after a tenant surrenders the premises. Deductions are limited to losses beyond normal wear and tear, meaning routine scuffs, fading, or minor wear from ordinary use cannot be charged back to the tenant. When a property is sold while a tenancy is active, operators and buyers typically address deposit liability in the purchase agreement, since § 6-321 places that obligation squarely on the new owner. Third-party property managers are also required by § 6-321 to hold deposits in a separate, federally insured account distinct from their own operating funds, unless a specific exemption applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 6-321 gives Idaho tenants the right to receive their security deposit back — or a detailed written explanation of any deductions — within 21 to 30 days of surrendering the rental unit. The law explicitly prohibits landlords from keeping any portion of the deposit to cover normal wear and tear, so routine deterioration from everyday use cannot be charged against a tenant. If a deposit is not returned or accounted for within the required timeframe, tenants may have grounds to raise a violation in small claims or civil court; tenant-rights organizations in Idaho can help explain what options are generally available under § 6-321.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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