CARLSTON PROPERTIES
Security Deposit
Our security deposit policy follows Idaho law and benefits both landlords and tenants. Please read carefully in the rental agreement our policy about a security deposit.
Prior to signing a lease agreement, tenants should ask the landlord any potential issues surrounding security deposits, such as when they can get your security deposit back.
Security Deposit Amount
A prospective tenant with a 720 or higher credit score security deposit is equal to one-months rent. All prospective tenants below a 720 credit score pays a security deposit that is equal to one months rent, and we require them to pay last months rent in advance.
Quick Facts for Idaho
Maximum Amount: No Limit Idaho Stat. 6 -321 doesn’t establish a limit on the amount of security deposit that a landlord can charge a tenant. There is no statute related to pet deposits or non-returnable fees. Landlords are also not required to provide tenants with a receipt for the security deposit.
Duration for Return: Idaho landlords are required to return security deposits to tenants within 21 days if there is no fixed time written in the lease agreement, and in any case, 30 days after the tenant has surrendered the rental unit.
Penalty for Failure to Return: Legal Action from Tenant
Applying Deposit as Last Month’s Rent: Not Allowed
Purpose of a Security Deposit
Idaho Stat. 6-321 states that security deposits are amounts given by a tenant to a landlord for any purpose other than the payment of rent. The purpose of a security deposit is to serve as a safety net for landlords if they suffer financial losses that may be caused by damages to the rental property, unpaid rent or other breaches of the lease agreement. A security deposit ensures that a landlord is compensated for losses and may also incentivizes tenants to adhere to their lease obligations in order to have their security deposit returned at the end of the lease term.
Security Deposit Rules & Regulations for Landlords in Idaho
Allowable Deductions From Security Deposit: Landlords are allowed to only make deductions for reasons that have been established in the lease agreement and cannot deduct for normal wear and tear.
Applying Security Deposit as Last Month’s Rent: A security deposit is not intended to be used as the tenant’s last month’s rent. The security deposit is not rent money and wouldn’t simply be used to cover tenants’ last month’s rent if they vacate without paying. It’s meant to cover damages/losses.
How to Get a Full Refund: At the end of the tenancy, a full security deposit can be returned to the tenant if there is no damage to the rental property, rent is paid in full and all charges in the rental agreement are covered.
“Normal Wear and Tear” vs. Damage in Idaho
Idaho Stat. 6 -321 defines “Normal wear and tear” as deterioration that occurs as a result of 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.
It can include minor issues, such as gently worn carpets, loose door handles, fading wall paint and flooring, stained bath fixtures, lightly scratched glass and dirty grout that occur naturally as a result of the tenant using the property as it’s designed to be used.
It can include minor issues, such as gently worn carpets, loose door handles, fading wall paint and flooring, stained bath fixtures, lightly scratched glass and dirty grout that occur naturally as a result of the tenant using the property as it’s designed to be used.
“Damage” refers to destruction to the rental unit that occurs because of abuse or negligence by a tenant during the course of the tenancy and can affect usefulness, value, normal function of the rental unit. Pet damage (heavily stained and ripped carpet), broken tiles, hole in the wall, broken windows and missing fixtures are all examples of damage.
Note
If any portion of the security deposit is being withheld by the landlord, a signed statement itemizing the amounts that is being withheld, the reason for the withholding and a detailed list of the charges made from the deposit should accompany the remaining security deposits (Idaho Stat. 6 -321).
Deducting Cleaning and Repair Costs from a Security Deposit
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