Idaho Tenant Rights for Secuirty Deposits
Security deposits provide property owners with financial protection in case the renter does damage to the property or fails to pay rent. Some states regulate the maximum amount a landlord can charge for a security deposit, but Idaho allows the owner to determine it.
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Difference between Rent and Deposits
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Under Idaho law, any money paid to a landlord falls into one of two categories: rent or deposits. The difference between these two categories is that deposits must be refundable, while rent is not. That means no lease can include a nonrefundable pet deposit because the law requires any deposit to be refundable. Therefore, no Idaho lease can include a security deposit that is nonrefundable.
Landlord Rights to Keep Deposit
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Although Idaho security deposits must be refundable, the law does allow landlords to keep part of or all of the funds in some cases. If damage is done to the property beyond normal wear and tear, the costs to make the repairs can be deducted from the deposit. If you move without giving proper notice as outlined in your lease, the landlord may be eligible to keep money from the deposit to make up for the loss of rent until the time the lease was supposed to end or until the property is rented again.
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Notification by the Landlord
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According to Idaho law, landlords have up to 21 days from the date the property was left by the tenant to either return the security deposit in full, return part of the deposit and a written explanation of why money was deducted, or provide a written explanation of why they kept the entire deposit. Landlords and tenants can agree in their lease to make the period less or more than 21 days, but the period cannot be longer than 30 days.
No Notification by Landlord
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If you are not notified properly by the landlord during that time period, you can take steps to force her to take action. First, contact the landlord with a written letter sent by certified mail stating that she needs to return your security deposit. After the letter is received by the landlord, she has only three business days to either provide proper notification or to return the deposit. If she still does not reply, you can take her to court. In small claims court, you may sue for up to $3,000. If you choose district court, you may sue for up to three times the amount of the security deposit.
Unnecessary Repairs
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In some cases, the landlord may notify you properly but you may disagree with the stated reasons for keeping your security deposit. The Consumer Protection Act in Idaho does not allow landlords to claim to make repairs that were not made or to hold tenants responsible for damage done prior to them moving into the property. Again, the tenant needs to write a letter and send it by certified mail letting the landlord know why the claims are incorrect. If the deposit is not returned in three business days, you can take the landlord to small claims or district court.
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References
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