How Long Does a Landlord Have to Return a Security Deposit in Idaho?

By the FigureMyTax Editorial Team · How we calculate

An Idaho landlord has 21 days after the tenant surrenders the premises to refund the deposit, or the time the agreement fixes, never beyond 30 days. Here is how the days are counted and what a late landlord risks.

What is the Idaho deadline to return a security deposit?

Refunds must be made within 21 days if no time is fixed by agreement and, in any event, within 30 days after surrender of the premises by the tenant (Idaho Code 6-321(2)). So a rental agreement can shorten or lengthen the 21 days, but never beyond 30. The Idaho security deposit return deadline calculator turns your date into the deadline.

When does the clock start?

On surrender of the premises, after the lease or rental agreement ends. The statute ties the refund to “termination of a lease or rental agreement and surrender of the premises by the tenant” (6-321(1)). Hand back the keys in writing and keep a copy, because surrender is the date the landlord’s clock starts.

How are the days counted?

Under Idaho Code 73-109 the first day is excluded and the last included unless the last is a holiday, and then it is also excluded (73-109). Sundays and the days in 73-108, with Saturday holidays observed the Friday before and Sunday holidays the Monday after, are holidays (73-108). A surrender on Wednesday, October 28, 2026 gives a 21-day deadline of Wednesday, November 18, and a 30-day outer limit of Friday, November 27.

What does the landlord have to send?

Any refund of less than the full deposit must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose of the amounts retained and a detailed list of expenditures made from the deposit (6-321(2)). The landlord may not keep any part of the deposit for normal wear and tear (6-321(1)). See Idaho security deposit deductions.

What if the landlord misses the deadline?

The tenant serves a 3-day written notice listing the failure and demanding cure, then may sue for damages and specific performance (6-320(a)(4), (d)). Judgment may be entered for three times the actual damages (6-317), and the prevailing party gets attorney fees except where treble damages are awarded (6-324).

Who pays if the property is sold?

If the property changes ownership during a tenancy, the new owner is liable for the refund of the deposit (6-321(3)). Third-party managers must keep the deposits of residential premises they manage in a separate account at a federally insured institution, apart from their operating account (6-321(4)).

A worked example

A tenant surrenders the premises on Wednesday, October 28, 2026 and the rental agreement fixes no time. The 21st day is Wednesday, November 18, and the 30-day outer limit is Friday, November 27. If the landlord has not refunded by November 18, the tenant can serve the 3-day written notice that day or after, and the earliest day to sue is three days later, subject to the holiday rule. The deposit deadline calculator does the same count for your dates.

A checklist for tenants

Give your new address in writing; return the keys and get a dated receipt; photograph the unit at move-out; calendar the 21 and 30 days; and keep the lease and receipts.

What the tenant should keep

Keep the lease, the receipt for the deposit, the written proof of the date you surrendered the premises, your forwarding address and any statement with its envelope. These are the papers a judge asks for in a deposit case.

Frequently asked questions

Official sources

• Idaho Code 6-321: security deposits
• Idaho Code 6-320: action for damages by tenant
• Idaho Code 73-109: computation of time
• Idaho Code 73-108: holidays

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.