Idaho Security Deposit Demand Letter

Introduction

Key Things to Know

1. 1

   A security deposit demand letter is a written demand an Idaho tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to the small claims department.

2. 2

   Refunds must be made within 21 days if no time is fixed by agreement and, in any event, within 30 days after the tenant surrenders the premises (Idaho Code Section 6-321(2)).

3. 3

   Any refund less than the full amount deposited must be accompanied by a signed statement itemizing the amounts retained, the purpose for them, and a detailed list of expenditures made from the deposit (Idaho Code Section 6-321(2)).

4. 4

   Idaho Code Section 6-321 sets no multiplier, but a tenant who sues for failure to return a deposit brings an action under Section 6-320, and Section 6-317 authorizes judgment for three times the actual damages in such an action.

5. 5

   Before a tenant has standing to sue under Section 6-320, the tenant must give the landlord three days' written notice listing each failure and a written demand to perform or cure, so a demand letter is a required step (Idaho Code Section 6-320).

6. 6

   The landlord may retain only the amounts necessary to cover the contingencies specified in the deposit arrangement, and may not retain any part of the deposit for normal wear and tear (Idaho Code Section 6-321(1)).

7. 7

   If the demand is ignored, an Idaho tenant can sue in the small claims department for up to $15,000 (Idaho Code Section 1-2301); the deadline to sue on a written lease is five years (Idaho Code Section 5-216).

Idaho Requirements for Security Deposit Demand Letter

• 21-Day Refund, 30-Day Maximum

  In Idaho, refunds must be made within 21 days if no time is fixed by agreement and, in any event, within 30 days after the tenant surrenders the premises (Idaho Code Section 6-321(2)). A lease may set a specific refund time, but it cannot push the refund past 30 days after surrender. Your demand should note that this deadline has passed.

• Signed Itemized Statement on Partial Refund

  Any refund less than the full amount deposited must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose for them, and a detailed list of expenditures made from the deposit (Idaho Code Section 6-321(2)). A missing or vague statement can make the deductions improper.

• Treble Damages Through Sections 6-320 and 6-317

  Idaho Code Section 6-321 sets no multiplier, but a tenant who sues for failure to return a deposit brings the action under Section 6-320, and Section 6-317 authorizes judgment for three times the amount at which the actual damages are assessed. This treble remedy is the tenant's leverage for a wrongful withholding.

• Three-Day Written Notice and Demand Required

  Before a tenant has standing to sue under Section 6-320, the tenant must give the landlord three days' written notice listing each failure or breach and a written demand requiring performance or cure (Idaho Code Section 6-320). Failure to return a security deposit as required by law is a listed ground, so this demand letter is a required step.

• No Retention for Normal Wear and Tear

  An Idaho landlord may not retain any part of a security deposit to cover normal wear and tear, defined as deterioration from the intended use of the unit without negligence, carelessness, accident, or misuse by the tenant, household members, invitees, or guests (Idaho Code Section 6-321(1)). Charges for ordinary use can be disputed.

• Retention Limited to the Deposit Arrangement

  On termination and surrender, all amounts held as a security deposit must be refunded except amounts necessary to cover the contingencies specified in the deposit arrangement (Idaho Code Section 6-321(1)). A landlord who retains for reasons outside that arrangement can be challenged in the demand.

• Send With Proof of Delivery and a Forwarding Address

  Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address. Because the letter also serves as the Section 6-320 three-day notice, keep a copy and the delivery record to show you gave the required notice and demand.

• Small Claims Limit and Deadline to Sue

  If the demand is ignored, an Idaho tenant can sue in the small claims department for up to $15,000 (Idaho Code Section 1-2301). The deadline to sue on a written lease is five years (Idaho Code Section 5-216), though filing promptly after the demand is the practical course.