Idaho Law Blog
For nearly twenty years I’ve represented both landlords and tenants with regards to issues concerning the rental of Idaho real estate. The majority of the issues that come up involve residential real estate. Perhaps the most frequent issues that arise have to do with security deposits. Here are four things every person should know about Idaho rental property and security deposits.
1. Not Everything is Rent
According to the Idaho statutes “Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits.” I.C. 6-321. Keep in mind that this only deals with deposits. Any additional sums that are actually paid by the tenant to the landlord such as late fees interest or other charges are not considered to be deposits.
2. Normal Wear and Tear is NOT Covered by a Security Deposit
Another thing to keep in mind is that not all repairs are made to an apartment can be covered by a security deposit. The Idaho code specifically states: “[t]he 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.”
As a result of this statutory language, a tenant will not be responsible for what is considered to be normal wear and tear to the rental. This includes carpet, other flooring, countertops, bathroom tiles, and it also includes appliances and other items that are part of the rental unit.
3. There are Specific Deadlines for Returning a Security Deposit
Perhaps the most important thing that Idaho landlords and tenants need to understand is that by statute the security deposit must be returned to the tenant with an accounting within 21 days of the termination of the lease. This can be extended by the written lease agreement. However, it can only be extended for a period of a total of 30 days. After that the landlord is specifically required to return all monies together with a full accounting of how many portions of the security deposit were used.
4. New Owners of Rental Units are Responsible for Security Deposits
It is also important for prospective Idaho landlords to understand that when they’re purchasing a rental unit they will be required to maintain the security deposits for the renters that are currently in the rental. For this reason the perspective Idaho landlord should consider what the security deposits are as he is negotiating the purchase price for the rental unit.
Security deposits for Idaho rentals are really not that complex. There are a few things that need to be understood, and when they are additional problems can be avoided. If there are any questions or concerns, we recommend that you immediately speak with an attorney.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Landlord and Tenant Law and Real Estate attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Landlord and Tenant Law and Real Estate questions and will help you solve your Idaho Landlord and Tenant Law and Real Estate needs.