Landlord & tenant · Idaho
the short answer
Idaho is unusually weak here. There is no penalty multiplier and no attorney's fees, so what you can sue for is the deposit itself and nothing more. That normally makes small claims the sensible route. Your deadline is 21 days unless the agreement sets its own, and it can never run past 30.
source ↗Not yet checked against the statute.
governing statute
Idaho Code § 6-321
source ↗Not yet checked against the statute.
deadline
21 days
source ↗Not yet checked against the statute.
Across the country. 7 of the 47 states written up answer this the same way as Idaho. The shortest is 14 days, as in Alaska; the longest is 60 days, as in Alabama. Compare every state →
penalty
The statute sets no multiplier and no fee-shifting for a late refund — the claim is for the deposit itself. That makes Idaho unusually weak on this, and small claims is usually the proportionate route.
source ↗Not yet checked against the statute.
which court
Magistrate Division of the District Court
source ↗Not yet checked against the statute.
small claims limit
$5,000
source ↗Not yet checked against the statute.
also
Twenty-one days where the agreement fixes no time. Where it does fix one, that period governs, but it can never exceed 30 days after you surrender the premises.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Idaho. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
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