First Month, Last Month, Fees and Other Up-Front Charges in Idaho
Before you move in you may be asked for a deposit, the first and last month’s rent and fees. Here is how Idaho’s deposit statute treats each payment and what to get in writing.
Is the first month’s rent a security deposit?
No. A deposit is an amount held for a purpose other than the payment of rent (Idaho Code 6-321(1)). The first month’s rent is rent and is outside the deposit rules.
Is last month’s rent covered?
Rent paid in advance is still rent, so the deposit section does not treat it as a deposit; what the landlord must do with it depends on the lease. Ask for a written receipt that says what the payment is for and whether it is credited to the last month.
What about application fees and other fees?
The deposit section does not address application, screening or other fees, and the sections we read set no cap on them. A fee that is held against the tenant’s obligations rather than spent is closer to a deposit. Ask what each fee covers and keep the receipt.
What about late fees?
The deposit section does not set a late fee. Check your lease; a landlord can include unpaid rent among the contingencies for which a deposit may be kept if the deposit arrangement says so.
What happens if the building is sold?
The new owner is liable for the refund of deposits made for the property, and a third-party manager must keep deposits for residential premises in a separate account at a federally insured institution (6-321(3), (4)). Keep your receipt so you can prove the deposit to a new owner.
A pre-signing checklist
Ask for the total move-in cost in writing; ask what each line is for and which are refundable; add every payment held as security using the Idaho security deposit limit calculator; get a receipt for each payment; and photograph the unit.
How common up-front payments are treated
| Payment | Treatment | Return |
|---|---|---|
| First month’s rent | Rent | Outside the deposit rules |
| Security deposit | Amount held for a purpose other than rent | 21 to 30 days with a statement |
| Last month in advance | Rent paid in advance | Ask for a receipt that says so |
| Application fee | Not addressed in the sections we read | Ask for a receipt |
Escrow and managers
The statute requires a third-party manager to keep residential deposits in a separate account at a federally insured financial institution, apart from its operating account. The rule does not apply to an owner, to managers who share members or principals with the owner entity, to a real estate licensee or to a qualifying nonprofit. If your landlord uses a management company, ask in writing where your deposit is held.
Keep every receipt
Ask for a written receipt for each payment, with what it is for, and keep it with the lease so you can show later what you paid and when. If the property is sold, the new owner is liable for the refund, and your receipt is how you prove the deposit.
Renewals and rent increases
The deposit statute does not say what happens to a deposit when a lease renews or the rent rises. Ask the landlord in writing whether the deposit carries forward and whether more is wanted, and keep the answer. A landlord who wants to change the terms of a month-to-month lease must give written notice before the end of the month, so ask for the date.
Where to get help
Legal aid and the district court clerk can explain how to raise a dispute. Bring the lease, every receipt and the landlord’s written request.
Frequently asked questions
Is the first month’s rent part of the deposit in Idaho?
No. It is rent.
Can a landlord ask for last month’s rent in advance?
The deposit section does not forbid it; advance rent is rent, not a deposit.
Is there a cap on application fees in Idaho?
The sections we read set none.
Who owes my deposit if the landlord sells?
The new owner.
Do I have to be told where my deposit is held?
The statute requires third-party managers to keep it in a separate insured account; ask in writing.
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.