What Is the Maximum Security Deposit in Idaho?
Idaho has no cap on a security deposit. Here is what the statute regulates instead, what money counts as a deposit and where a manager must keep it.
Is there a maximum security deposit in Idaho?
No. Idaho’s deposit statute, Idaho Code 6-321, sets no maximum amount for a security deposit (Idaho Code 6-321). A landlord may ask for one month, two or more, subject to the lease and any federal or local program rules. The Idaho security deposit limit calculator shows the deposit as months of rent.
What counts as a deposit?
Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent are deemed security deposits (6-321(1)). That reaches a damage deposit, a pet deposit and any other money the landlord holds against the tenant’s obligations. Rent itself, including rent paid for the current period, is not a deposit.
What does the statute regulate instead of the amount?
What may be kept (only the contingencies in the deposit arrangement, never normal wear and tear), when the refund is due (21 days if no time is agreed, never over 30 after surrender), what must come with a partial refund (a signed itemized statement), who owes the refund after a sale (the new owner) and where a third-party manager keeps the money (a separate insured account) (6-321(1) to (4)). See the Idaho return deadline and deductions.
Does the rule apply to every rental?
Section 6-321 sits in the chapter on forcible entry and unlawful detainer and applies to deposits for residential and other rentals. Federal subsidy programs and local rules can add their own limits, so if you rent through one, read its rules first.
Is interest owed?
The section does not mention interest and does not require the landlord to pay it. If your lease promises interest, it is a matter of contract.
What should a tenant ask before paying?
How much in total, what each payment is for, what the deposit may be used for under the lease, where it will be held and when it comes back. Get the answers in writing, keep every receipt and photograph the unit at move-in.
Worked examples
| Monthly rent | Payment | Result |
|---|---|---|
| $1,500 | $1,500 deposit | One month; no statutory cap |
| $1,500 | $4,500 deposit | Three months; no statutory cap |
| $1,500 | $1,500 plus $300 pet deposit | Both are deposits |
How a tenant can protect a deposit with no cap
Because the statute sets no limit, the protection comes from the lease and from the refund rules. Read what the deposit arrangement says the money may be used for, because the landlord may keep only amounts necessary to cover those contingencies. Photograph the unit and sign a move-in condition list. Keep the receipt, and when you leave surrender the premises in writing so the 21-day clock starts on a date you can prove.
A checklist for landlords
State in the lease what the deposit is for; keep a move-in condition record; hold deposits of premises managed by a third party in a separate insured account; refund within 21 days unless the agreement fixes a time, never over 30; sign and itemize any statement; and never charge normal wear and tear.
Where to get help
Legal aid and the district court clerk can explain how a deposit dispute is brought. Bring the lease, every receipt and the date you surrendered the premises.
Why a deposit can be high in Idaho
Without a cap, a landlord can set the deposit by risk: a higher amount for a pet, a short credit history or a furnished unit. A tenant can negotiate it, ask for a smaller deposit with a longer lease, or ask to pay in installments, and should get any agreement in writing.
Frequently asked questions
How much can an Idaho landlord charge for a security deposit?
The statute sets no maximum.
Is the first month’s rent a deposit?
No. A deposit is an amount held for a purpose other than the payment of rent.
Must an Idaho landlord pay interest on a deposit?
The deposit section does not require it.
When must the deposit be refunded?
Within 21 days after surrender if the agreement fixes no time, and never later than 30 days.
Where must a property manager keep the deposit?
In a separate account at a federally insured institution.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.