Idaho Security Deposit Law: What Renters and Landlords Need to Know

Idaho Security Deposit Law

Author: Kasee Godwin
Date: 10.26.2023

Idaho Security Deposit Law: What Renters and Landlords Need to Know

Regarding renting in the Gem State, both renters and landlords have rights and responsibilities. One of the essential aspects of renting is the security deposit. Understanding the Idaho Security Deposit Law ensures both parties are on the same page and avoids potential disputes. Let’s dive into the key details of the law.

How Much Can Be Charged?

Unlike some states, Idaho doesn’t cap the amount a landlord can charge as a security deposit. However, it’s essential that the amount remains reasonable. Non-refundable fees are permitted, but both parties should agree upon them in writing, ensuring they are not mistakenly regarded as part of the security deposit.

Return of Security Deposit

Landlords in Idaho have a 21-day window after a tenant moves out to return the security deposit. Deductions can be made for:

  • Unpaid rent.
  • Damage beyond normal wear and tear.
  • Breach of lease agreement.

Should there be any deductions, an itemized list must be provided to the renter detailing the reasons for each deduction.

Storage of Deposits and Nonrefundable Fees

Interestingly, Idaho Security Deposit Law doesn’t dictate how landlords should store the collected security deposits. They aren’t required to keep these funds in a separate bank account.

As for nonrefundable fees, as long as they’re clearly defined in the rental agreement and both parties have given their consent, they are allowed under Idaho law. Renters should inquire about security deposit alternatives offered by their property management companies. 

Avoiding Disputes: Communication is Key

Open communication between renters and landlords is crucial. Both parties should thoroughly inspect the property at the beginning of the lease and note any existing damages. While Idaho doesn’t mandate a walk-through inspection upon moving out, ensuring both parties agree on the property’s condition is still a good practice.

What If The Security Deposit Isn’t Returned?

If landlords don’t comply with the Idaho Security Deposit Law — either by not returning the deposit within 21 days or failing to provide an itemized list of deductions — tenants have the right to sue for the improperly withheld amount.

Local Laws and Ordinances

While the state of Idaho has set its guidelines, local cities or counties may have additional rules regarding security deposits. Always check with local regulations to ensure full compliance.

In Conclusion

The Idaho Security Deposit Law plays a crucial role in defining the landlord-tenant relationship in the state. By understanding the key aspects of this law, both parties can ensure a smooth and fair rental experience. Always keep open lines of communication, and when in doubt, consult legal counsel to stay informed and protected.

Disclaimer:

Qira aims to keep this information as up-to-date as possible. The content provided here is informational and should not replace legal counsel. Please refer to the relevant government sources to check for any changes or updates to the law.

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Kasee Godwin

Position: Director of Marketing
Social Networks

Kasee is the Director of Marketing for Qira. She has nearly 15 years of experience in the real estate marketing industry, including 10 years on the client side. In her spare time, she enjoys reading science fiction, exploring new wineries, and fostering Golden Retrievers.

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