SECURITY DEPOSIT DEMAND LETTER

STATE OF IDAHO

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Idaho law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable statutory penalties, damages, and attorney's fees.

I. IDAHO LEGAL FRAMEWORK

A. Governing Law

Security deposits in Idaho are governed by Idaho Code Section 6-321.

B. Security Deposit Limits

Idaho law does not impose a statutory limit on the amount of security deposit a landlord may charge. However, the amount must be reasonable in relation to the rental rate.

C. Return Deadline

Pursuant to Idaho Code Section 6-321:

• Default deadline: Security deposit must be returned within twenty-one (21) days after the tenancy terminates or the tenant vacates, whichever is later
• Extended deadline: The lease may specify a longer period, up to a maximum of thirty (30) days

If no deadline is specified in the lease, the 21-day default applies.

D. Itemization Requirements

Under Idaho Code Section 6-321, if the landlord retains any portion of the deposit, they must provide a written statement itemizing:
- The basis for the retention
- The specific amounts retained for each item

E. Permissible Deductions

Under Idaho Code Section 6-321, a landlord may retain from the security deposit amounts for:
- Unpaid rent or other charges due under the rental agreement
- Repair of damages to the premises beyond normal wear and tear
- Cleaning costs to restore the premises to the condition at commencement of tenancy
- Other costs permitted by the rental agreement

F. Separate Account Requirement

Idaho law does not require that security deposits be held in a separate or interest-bearing account. No interest is due to tenants on their deposits.

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email

Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered

C. Condition of Premises at Move-Out

Our Client left the premises in the following condition:

[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.

[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].

[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.

[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.

[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.

III. LANDLORD'S VIOLATIONS

You have violated Idaho law in the following ways:

[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory period required under Idaho Code Section 6-321.

[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of the basis for retention and specific amounts within the statutory period.

[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]

[ ] Bad Faith Retention: You have retained the deposit in bad faith or maliciously, as evidenced by: [DESCRIBE]

IV. NORMAL WEAR AND TEAR

Idaho law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.

The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:

[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]

V. DAMAGES AND PENALTIES

A. Return of Security Deposit

B. Statutory Penalties - Treble Damages

Under Idaho Code Section 6-321, if a landlord fails to comply with the security deposit requirements, the tenant may recover:

• The amount of the deposit wrongfully withheld; PLUS
• Up to three (3) times the amount wrongfully withheld if the court finds the landlord acted in bad faith

Treble Damages Calculation:
- Amount Wrongfully Withheld: $[AMOUNT]
- Treble Damages (3x): $[AMOUNT]
- Total Potential Penalty: $[AMOUNT]

C. Forfeiture for Failure to Itemize

Under Idaho Code Section 6-321, failure to provide the required itemization within the statutory period may result in forfeiture of the right to retain any portion of the deposit.

D. Attorney's Fees and Costs

Under Idaho Code Section 6-321, in any contested action for security deposit recovery, the court may award reasonable attorney's fees and costs to the prevailing party.

E. Total Demand

VI. EVIDENCE IN OUR POSSESSION

Our Client has preserved the following evidence to support this claim:

[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]

VII. DEMAND

We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:

1. Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]

2. Statutory Penalties: Pay to our Client the statutory penalty for bad faith retention: $[AMOUNT]

3. Total Payment: The total amount due is $[TOTAL AMOUNT]

Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:

[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]

Reference: [TENANT NAME] Security Deposit

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the time specified, we are authorized and prepared to:

1. File Suit: Commence legal action in Idaho Small Claims Court (for claims up to $5,000) or Magistrate/District Court for return of the deposit, treble damages, attorney's fees, and costs.

2. Seek Maximum Penalties: Request the court impose treble damages for bad faith retention pursuant to Idaho Code Section 6-321.

3. Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Idaho Code Section 6-321.

4. Report Violations: Report your conduct to:
   - Idaho Attorney General - Consumer Protection Division
   - Better Business Bureau

5. Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.

IX. RESPONSE REQUESTED

Please respond to this demand in writing within fourteen (14) days. Your response should include:

1. Your position on the amount owed to our Client
2. Any documentation supporting claimed deductions
3. Payment or a good-faith settlement offer

If we do not receive a satisfactory response, we will file suit without further notice.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[IDAHO STATE BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [TENANT FULL NAME]

ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent

cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]

IDAHO SECURITY DEPOSIT QUICK REFERENCE

IDAHO-SPECIFIC PRACTICE NOTES

[ ] 21/30 Day Rule: The default is 21 days unless the lease specifies up to 30 days. Check the lease terms carefully.

[ ] Treble Damages: Idaho provides for up to 3x damages for bad faith retention - one of the stronger penalties available.

[ ] No Deposit Cap: Idaho has no statutory limit on security deposits, but excessive deposits may be challenged as unreasonable.

[ ] Small Claims Efficiency: Idaho Small Claims Court (up to $5,000) is an efficient forum for security deposit disputes.

[ ] Rural Properties: Idaho has many rural rental properties. Document condition carefully, especially regarding well/septic systems.

[ ] Seasonal Rentals: Ski and vacation area rentals (Sun Valley, etc.) may have different practices. Verify the nature of the tenancy.

[ ] Ada County: Boise and Ada County have the highest volume of rental disputes. Allow time for court scheduling.

[ ] Attorney's Fees: Idaho allows attorney's fees in contested actions - evaluate whether representation is cost-effective.

[ ] No Interest Required: Unlike some states, Idaho does not require landlords to pay interest on security deposits.

This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Idaho attorney before use.