Landlord & Housing · free generator
Idaho Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In Idaho, that is not a judgment call: under Idaho Code section 6-321, your former landlord generally has 21 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites Idaho Code § 6-321 by name, states the legal deadline, and puts your landlord on notice that small claims court — where Idaho hears claims up to $5,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under Idaho Code section 6-321 (Idaho Code § 6-321), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 21 days. Yes — any partial refund must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose of each retention, and a detailed list of expenditures made from the deposit; nothing may be kept for normal wear and tear. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where Idaho law allows claims up to $5,000, and I will pursue every remedy available under Idaho Code § 6-321, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in Idaho
- Return deadline
- 21 days
- Governing statute
- Idaho Code § 6-321
- When the clock starts
- 21 days after the tenant surrenders the premises if the rental agreement fixes no other period — and in any event no more than 30 days after surrender, even if the agreement says otherwise.
- Itemized deductions
- Yes — any partial refund must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose of each retention, and a detailed list of expenditures made from the deposit; nothing may be kept for normal wear and tear.
- If it's wrongfully kept
- Section 6-321 itself sets no penalty, but wrongful failure to return a deposit is an express tenant cause of action under Idaho Code § 6-320(a)(4), and § 6-317 permits judgment for three times the amount at which actual damages are assessed.
- Small claims limit
- $5,000 (magistrate court small claims department)
Worth knowing: Idaho's 21-day clock can be stretched only if the lease itself fixes a longer period, and never past 30 days after surrender. Before filing suit you must serve the landlord a 3-day written notice listing each breach and demanding cure under § 6-320(d) — a written demand letter is literally the statutory prerequisite to standing. Idaho sets no cap on deposit size and requires no interest. If the property is sold mid-tenancy, the new owner takes on the refund obligation.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a Idaho small claims judge will ask about. Keep a copy with your move-out photos and lease.
- 21 days after the tenant surrenders the premises if the rental agreement fixes no other period — and in any event no more than 30 days after surrender, even if the agreement says otherwise.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($5,000 (magistrate court small claims department)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in Idaho?
21 days after the tenant surrenders the premises if the rental agreement fixes no other period — and in any event no more than 30 days after surrender, even if the agreement says otherwise. The governing statute is Idaho Code section 6-321. Yes — any partial refund must be accompanied by a signed statement itemizing the amounts lawfully retained, the purpose of each retention, and a detailed list of expenditures made from the deposit; nothing may be kept for normal wear and tear.
What can I recover if my landlord wrongfully keeps my deposit in Idaho?
Section 6-321 itself sets no penalty, but wrongful failure to return a deposit is an express tenant cause of action under Idaho Code § 6-320(a)(4), and § 6-317 permits judgment for three times the amount at which actual damages are assessed. These cases are built for small claims court — the Idaho limit is $5,000 (magistrate court small claims department), filing fees are modest, and no lawyer is needed.
Anything else Idaho renters should know about deposits?
Idaho's 21-day clock can be stretched only if the lease itself fixes a longer period, and never past 30 days after surrender. Before filing suit you must serve the landlord a 3-day written notice listing each breach and demanding cure under § 6-320(d) — a written demand letter is literally the statutory prerequisite to standing. Idaho sets no cap on deposit size and requires no interest. If the property is sold mid-tenancy, the new owner takes on the refund obligation.
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