Idaho Statutes


                                   TITLE  6
                         ACTIONS IN PARTICULAR CASES
                                  CHAPTER 3
                     FORCIBLE ENTRY AND UNLAWFUL DETAINER
    6-321.  SECURITY DEPOSITS. 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.
    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.
    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.

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