| Quick Facts | Answer |
| Acceptable Deductions | As outlined in lease agreement |
| Return Deadline | 21 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 3x Deposit or Attorneys’ Fees + Court Costs |
For laws on security deposit collections and holdings in Idaho, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Idaho
In Idaho, a written lease agreement must state the exact items a landlord considers valid deductions from a security deposit.
However, no part of the security deposit can be considered non-refundable or used to cover normal wear and tear. Common deductions include:
- Unpaid rent and utilities
- Costs of damage excluding normal wear and tear
- Cleaning costs and trash disposal
- Failure to return keys
Most states, such as Idaho, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Idaho?
Unlike many states, Idaho has a formal standard for “Normal Wear and Tear.” The law defines it as:
Deterioration which occurs based upon the use for which the rental unit is intended.
Examples include:
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
Idaho law considers “Excessive Damage” to be:
[Deterioration from] 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.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Idaho?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear and the charge is included in the conditions of the lease agreement.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Idaho?
Idaho landlords can charge charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Idaho?
Landlords in Idaho can charge a cleaning fee if it is stated in the lease agreement, the landlord does not charge for cleaning done as a result of normal wear and tear, and the cleaning fee is reasonable.
Can the Landlord Charge for Painting in Idaho?
Idaho landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Idaho
Landlords must return a security deposit with an itemized statement of deductions, if any, to the tenant no later than 21 days (or as noted in the lease agreement) after the tenant vacates the rental unit.
How Long Do Landlords Have to Return Security Deposits in Idaho?
Idaho landlords have 21 days after the tenant vacates the rental unit to return any unused portion of the security deposit. However, the lease agreement can specify a shorter or longer time period for its return as long as it does not exceed 30 days.
Do Landlords Owe Interest on Security Deposits in Idaho?
Unlike in some states, such as New Jersey, landlords in Idaho do not owe interest on security deposits.
How Do Landlords Give Notice in Idaho?
Written notice must be delivered to the tenant and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions signed by the landlord.
Can a Security Deposit Be Used for Last Month’s Rent in Idaho?
Idaho law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Idaho
If landlords do not return the security deposit within the 21-day period (or the time period specified in the lease agreement) tenants can file for damages in court up to three times the amount of the deposit plus court costs.
If the judge does not award triple damages, they may award attorneys’ fees, but they may not award both.
Tenants can also take legal action against a landlord for:
- Failure to provide an itemized statement when deductions are made
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Idaho?
If a landlord fails to return the security deposit within the required time period, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $5,000. If the amount is greater, the tenant must file a civil case in the local District Court.
A small claims case must be filed within 2, 4, or 5 years depending on the situation. An attorney is not required. If you hire an attorney, they cannot speak for you at the hearing. Cases are filed in Small Claims Court in the county where the property is located or where the defendant lives. The filing fee is $69.
Sources
- 1 Idaho Code § 6-321(1)
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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.
Source Link - 2 Idaho Code § 6-321(2)
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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.
Source Link - 3 Idaho Code § 6-317
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If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to section 6-310(3), Idaho Code, judgment may be entered for three (3) times the amount at which the actual damages are assessed.
Source Link - 4 Idaho Code § 6-324
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In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ notice as set forth in section 6-303 2., Idaho Code, it shall be necessary that the three (3) days’ notice advise the tenant that attorney fees shall be awarded to the prevailing party.
Source Link - 5 Idaho Code § 1-2301
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In every magistrate’s division of the district court of this state, the district court may create and organize a “Small Claims Department of the Magistrate’s Division,” which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate’s division shall be brought in the magistrate’s division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.
Source Link
