What should I do if my landlord hasn't refunded my security deposit?

Full question:

It has been more than 5 months since I left the rental premises and my landlord still has not refunded my security deposit. What can I do in this situation? I am a resident of Idaho.

Answer:

In Idaho, landlords must refund security deposits within twenty-one days if no specific time is agreed upon, and no later than thirty days after the tenant has vacated the rental premises. If your landlord fails to return your deposit, you can take legal action against them for damages and specific performance due to this failure.

According to Idaho Code § 6-321, any refund that is less than the full deposit must include a signed statement detailing the amounts retained, the reasons for retention, and a list of expenditures made from the deposit.

Additionally, Idaho Code § 6-320 allows tenants to file an action against landlords for failing to return security deposits as required by law.

In your case, since it has been over five months, you may consider filing an action against your landlord for not returning your security deposit in the specified time frame.

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

Abandonment of rental property occurs when a tenant leaves the property without notifying the landlord and with no intention of returning. In Idaho, if a tenant abandons the property, the landlord may have the right to take possession and may not be required to return the security deposit. However, the landlord must follow proper legal procedures to reclaim the property and may need to provide notice to the tenant before taking action.