Idaho Code
Idaho Code

Idaho Code § 6-321 (2026)

Security deposits. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Security deposits. 

(1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.

(2)  Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.
(3)  If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.
(4)  A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution. Such account shall be maintained separate from the third-party agent’s operating account. The requirements of this subsection shall not apply to a property owner, managers who have common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization as established under chapter 30, title 30, Idaho Code.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1983–2025 · leading case: Fleming v. Hathaway, 686 P.2d 837 (Idaho Ct. App. 1984).
Sort: Relevance Newest Treatment
Fleming v. Hathaway, 686 P.2d 837 (Idaho Ct. App. 1984). · cites it 20× “First, did the Hathaways violate I.C. § 6-321 by retaining Mrs. Fleming’s security deposit after the termination of her tenancy? 1 Second, what remedies *159 are available against a landlord who violates I.”
Action Collection Serv., Inc. v. Haught, 193 P.3d 460 (Idaho Ct. App. 2008). · cites it 12× “Haught and Clegg answered, asserting Chapman’s failure to return their security deposit as required by Idaho Code § 6-321 as an affirmative defense and claiming a set-off.”
Worden v. Ordway, 672 P.2d 1049 (Idaho 1983). · cites it 4× “§ 6-320(a)(3), the tenant is allowed to sue for damages if the landlord has failed to return a security deposit in the time required under I.C. § 6-321. Additionally, I.C. § 6-320(a)(5) allows a suit for damages for breach of the terms of the lease.”
Younker v. Inv. Realty, Inc., 461 S.W.3d 1 (Mo. Ct. App. 2015). “, Idaho Code Ann. § 6-321 , Kan. Stat. Ann.”
State v. Curtiss (Idaho Ct. App. 2022). · cites it 4× “Specifically, Curtiss argues the district court’s second order of restitution is not supported by substantial evidence because the calculations in the State’s expert report: (1) improperly required Curtiss to pay restitution to the homeowners for the non-rental payments made by…”
Kenney v. Reid (Idaho Ct. App. 2025). · cites it 2× “The district court determined the amount of the security deposit was $2,500 and Reid failed to return any portion of the deposit or provide an itemized statement of any amounts lawfully retained as required under the lease agreement and Idaho Code § 6-321 . The district court…”
Michael Younker, Brad Neckermann, Adam Chadek, & Amanda Chadek v. Inv. Realty, Inc., Michael Woessner, Linda Woessner, Curtis D. Baxter, Sarah Baxter, & Williamsburg Apts., Inc., Defendants-respondents. (Mo. Ct. App. 2015). “Property Owners’ second legal basis in support of summary judgment asserts that even if they cannot contract around the requirements of section 535.300.3 or Tenants cannot waive the protections therein, they are entitled to judgment as a matter of law because the statute was not…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.