Idaho Security Deposit Deductions: What a Landlord May Keep and the Signed Statement
Idaho does not list allowed deductions; it ties them to the deposit arrangement, bars charges for normal wear and tear and requires a signed, itemized statement. Here is how each part works.
What can an Idaho landlord keep from a deposit?
All amounts held as a security deposit must be refunded except amounts necessary to cover the contingencies specified in the deposit arrangement (Idaho Code 6-321(1)). The statute does not list the permitted items; it looks to what the lease or deposit agreement says, so read it. A deposit is any amount deposited by a tenant for a purpose other than the payment of rent.
What is off limits?
The landlord may not keep any part of a deposit to cover normal wear and tear, which the statute defines as the deterioration that occurs from the use for which the unit is intended, without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant, the household or their invitees or guests (6-321(1)).
What must the statement say?
A signed statement that itemizes the amounts lawfully retained, the purpose of each and a detailed list of the expenditures made from the deposit, sent with any refund of less than the full deposit (6-321(2)). A statement with only a lump sum, no signature or no list of expenditures does not meet the statute. The deposit deadline calculator shows the deadline for it.
Does the landlord need receipts?
The statute asks for a detailed list of expenditures, not receipts by name, but a landlord that cannot show what it spent invites a challenge, and a tenant can ask for the invoices. Keep photographs from move-in and move-out; they decide most disputes.
Can the landlord keep a deposit for unpaid rent?
If the deposit arrangement lists unpaid rent among its contingencies, yes; the same statement requirements apply. A landlord can also sue for unpaid rent and damages separately, together with an action for possession (6-311E).
What if the tenant disagrees?
Tell the landlord in writing which items you dispute and why, with photographs. If it does not refund what is owed, serve the 3-day written notice listed in 6-320(d) before suing. See the Idaho 3-day notice and suing rules.
A checklist for landlords
Photograph the unit at move-in and move-out; keep invoices and receipts; refund the balance within the deadline with a signed statement that lists each amount kept, its purpose and a detailed list of expenditures; never charge normal wear and tear; and keep copies.
A checklist for tenants
Compare each charge with the deposit arrangement in your lease; ask for the detailed list of expenditures if it is missing; tell the landlord in writing which items you dispute; and keep your photographs.
Why the statement matters
The signed statement is the landlord’s proof of what it kept and why. Without it, a partial refund does not meet the statute, and a tenant can say so in the 3-day notice. Landlords should treat the statement as the main document in a deposit file: sign it, list every amount, give the purpose and attach the list of expenditures made from the deposit.
Normal wear and tear in practice
Faded paint, worn carpet in a high-traffic area, small nail holes and ordinary dust are the kind of deterioration that comes from using the unit for its intended purpose. Holes in walls, burns, pet stains and broken fixtures are damage, usually from negligence, carelessness or misuse. The line is a fact question, so photographs and dated move-in and move-out condition notes matter.
Where to get help
Legal aid organizations and the district court clerk can explain the forms and the filing fee in your county, and a licensed Idaho attorney can read your lease. Bring the lease, the statement and your photographs.
Frequently asked questions
What can an Idaho landlord deduct from a deposit?
The contingencies specified in the deposit arrangement, with a signed itemized statement.
Can a landlord charge for normal wear and tear?
No. The statute bars it and defines normal wear and tear.
Does the statement have to be signed?
Yes. The statute requires a signed statement.
Does Idaho list the allowed deductions?
No. It refers to the contingencies in the deposit arrangement.
How can a tenant dispute a deduction?
In writing first, then with a 3-day notice and a damages action if the landlord does not cure.
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.