Home › Security deposits › Idaho

Security deposits · checked October 20, 2026

Security deposit law in Idaho

No statutory cap on the amount. Return deadline: 21 days under Idaho Code § 6-321.

Work out a deadline All states

1234
  1. 1Deposit capNo cap
  2. 2Return deadline21 days
  3. 3CheckedOctober 20, 2026
  4. 4StatuteIdaho Code § 6-321

The rule in Idaho

Idaho sets no statutory cap on the size of a residential security deposit: the source checked (Idaho Legislature, Idaho Code § 6-321) states no maximum, so the amount is whatever the lease says.

The return deadline is 21 days, counted after the tenant surrenders the premises. The text reads: “Refunds shall be made within twenty-one (21) days if no time is fixed by agreement.”

Of the 44 jurisdictions verified here, 9 give landlords less time and 29 give more; the median is 30 days. California, Connecticut, Minnesota, South Dakota and Wisconsin also allow 21 days.

Without a cap there is no dollar ceiling to compute. For comparison, 27 of the 44 verified jurisdictions do cap deposits, from one month's rent in states such as Alabama up to three months' rent in Nevada.

Worked date: if the clock starts on November 30, 2026, the deadline falls on December 21, 2026. The outer limit of 30 days lands on December 30, 2026.

In neighbouring states with verified rules: Montana allows 30 days and sets no cap, Nevada allows 30 days and caps deposits at three months' rent, Oregon allows 31 days and sets no cap, Utah allows 30 days and sets no cap, Washington allows 30 days and sets no cap and Wyoming allows 30 days and sets no cap.

A lease may fix a different period, but the statute sets an outer limit: in any event within 30 days after surrender of the premises.

If a deposit is not returned, the small claims limit in Idaho is $15,000 (small claims rules).

Idaho21 daysMontana30 daysNevada30 daysUtah30 daysWashington30 daysWyoming30 daysOregon31 daysMedian, verified30 days
Deposit return deadlines in days (business days drawn at 7/5 of their count). Bar lengths are to scale.

Source: Idaho Legislature, Idaho Code § 6-321 · last checked October 20, 2026.

If the deposit does not come back

The statute above sets the deadline; what happens after it passes is covered in general terms in the guide on a deposit that is not returned, and the way each state starts and counts the clock is compared in how deposit deadlines are counted.

Questions

How much can a landlord charge as a security deposit in Idaho?

Idaho law sets no maximum in the source checked (Idaho Code § 6-321); the lease sets the amount.

How long does a landlord in Idaho have to return a deposit?

21 days: “Refunds shall be made within twenty-one (21) days if no time is fixed by agreement” (Idaho Code § 6-321).

When does the Idaho deadline start?

The clock runs after the tenant surrenders the premises.