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

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

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

In Idaho, landlords are required to return security deposits within twenty-one days if no specific time frame is agreed upon. If there are deductions, the landlord must provide a written statement detailing the reasons and amounts retained within thirty days after the tenant vacates the property (Idaho Code § 6-321).

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.

Category: Landlord Tenant
Date: 04/07/2025
State: 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

What is abandonment of rental property?

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.

Why wouldn't I get my security deposit back?

There are several reasons you might not receive your security deposit back, including unpaid rent, damage beyond normal wear and tear, or failure to clean the property. In Idaho, landlords must provide a written statement detailing any deductions from the deposit, including the reasons for retention (Idaho Code § 6-321). If you believe the deductions are unjustified, you can dispute them.

What if I don't get my deposit back?

If you don't receive your security deposit back, you can take legal action against your landlord. In Idaho, tenants can file a lawsuit for failing to return the deposit as required by law (Idaho Code § 6-320). It's advisable to gather any documentation, such as your lease agreement and communication with your landlord, to support your case.

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

How do you win a deposit dispute?

To win a deposit dispute, gather evidence such as your lease agreement, photographs of the property, and any correspondence with your landlord. In Idaho, if you believe your landlord has wrongfully withheld your deposit, you may file a lawsuit. Present your evidence clearly, showing that you fulfilled your obligations under the lease and that the landlord did not follow legal procedures regarding the deposit return.