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Under the Idaho law, what is the time period within which a landlord should refund the security deposit to his tenant?

Under the Idaho law, what is the time period within which a landlord should refund the security deposit to his tenant?

Full question:

Last week my tenant left the rental property and moved to another city. I am required to return his security deposit. Under the Idaho law, what is the time period within which I should refund the security deposit to my tenant?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: Idaho

Answer:

In Idaho, the landlord is required to refund the security deposit to the tenant within 21 days if no time is fixed by agreement, and in any event, within 30 days after surrender of the premises by the tenant. The relevant statutory provision is stated below.

Idaho Code § 6-321 reads:

“Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. . . .
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.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do when a renter moves out?

When a renter moves out, the landlord should conduct a walkthrough of the property to assess any damages. It's important to document the property's condition with photos. The landlord should also prepare to return the security deposit within the required time frame, which is typically within twenty-one days in Idaho. If deductions are necessary, a detailed statement must be provided. Finally, ensure that any final utility bills are settled and that the tenant has provided a forwarding address.

What to do when a tenant moves out?

When a tenant moves out, landlords should inspect the rental unit for damages and compare it to the move-in condition. This helps determine if any deductions from the security deposit are warranted. Landlords must return the security deposit within twenty-one days if no specific agreement exists. If deductions are made, a written statement explaining the reasons and amounts must be given to the tenant.

Can my landlord come after me after I move out?

Yes, a landlord can pursue claims against a former tenant after they move out if there are unpaid rent or damages beyond normal wear and tear. However, they must follow the proper legal procedures, including providing an itemized list of any deductions from the security deposit. If the tenant believes the claims are unjust, they can dispute them. It's advisable to keep records of all communications and agreements.

What is a renter responsible for when moving out?

When moving out, a renter is responsible for cleaning the property, returning keys, and ensuring that the unit is in good condition, free from damages beyond normal wear and tear. They should also provide a forwarding address for the return of the security deposit and settle any outstanding utility bills. Failure to meet these responsibilities can result in deductions from the security deposit.

How long before a guest becomes a tenant in Idaho?

In Idaho, a guest may be considered a tenant if they stay for an extended period, typically more than 30 days, and have established a pattern of residency. Factors include whether they have their belongings in the property and if they contribute to rent or utilities. If a guest becomes a tenant, the landlord must adhere to tenant rights and responsibilities under Idaho law.

How long does a landlord have to return a deposit in Idaho?

In Idaho, a landlord must return a security deposit within twenty-one days after the tenant moves out, unless a different timeframe is agreed upon. If deductions are made from the deposit, the landlord must provide a written statement detailing the reasons and the amounts withheld. This ensures transparency and compliance with Idaho law (Idaho Code § 6-321).