SECURITY DEPOSIT ITEMIZATION LETTER

(Idaho)

[LANDLORD LETTERHEAD]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Appendix A – Itemized Statement of Deposit Deductions

I. DOCUMENT HEADER

1. Effective Date. This Security Deposit Itemization Letter (the “Letter”) is issued and effective as of [DATE] (the “Effective Date”).

2. Parties.
   a. Landlord: [FULL LEGAL NAME OF LANDLORD], a [STATE] [ENTITY TYPE], having its principal place of business at [ADDRESS] (“Landlord”).
   b. Tenant: [FULL LEGAL NAME(S) OF TENANT(S)], formerly occupying the Premises defined below (“Tenant”).

3. Recitals.
   a. Landlord and Tenant entered into that certain [Residential Lease Agreement] dated [LEASE DATE] (the “Lease”) covering the residential real property commonly known as [PREMISES ADDRESS] (the “Premises”).
   b. Pursuant to Idaho Code § 6-321 (2024) and Section [__] of the Lease, Tenant paid Landlord a security deposit in the amount of $[DEPOSIT AMOUNT] (the “Deposit”).
   c. Tenant surrendered possession of the Premises on [SURRENDER DATE]. This Letter is delivered to comply with Landlord’s statutory obligation to provide a written statement of any deductions and to return any remaining portion of the Deposit on or before the Statutory Deadline (defined below).

II. DEFINITIONS

For purposes of this Letter, the following capitalized terms shall have the meanings set forth below. Terms used but not defined herein have the meanings ascribed to them in the Lease or in Idaho Code § 6-321.

1. “Deposit Balance” means the amount of the Deposit remaining after all Permitted Deductions.
2. “Ordinary Wear and Tear” means the natural and gradual deterioration of the Premises resulting from Tenant’s normal, non-abusive use, exclusive of negligence, carelessness, accident, or abuse by Tenant or Tenant’s invitees.
3. “Permitted Deductions” means those deductions expressly allowed under Idaho Code § 6-321(2), including (i) accrued and unpaid Rent; (ii) charges for cleaning necessary to restore the Premises to the same condition as at the commencement of the Lease, less Ordinary Wear and Tear; (iii) costs to repair damage to the Premises beyond Ordinary Wear and Tear; and (iv) any other amounts expressly authorized by the Lease or applicable law.
4. “Statutory Deadline” means the earlier of (a) twenty-one (21) calendar days after the later of (i) Lease termination or (ii) surrender of the Premises by Tenant, or (b) such longer period (not to exceed thirty (30) calendar days) as is expressly set forth in Section [__] of the Lease, all in accordance with Idaho Code § 6-321(1).

III. OPERATIVE PROVISIONS

1. Itemization. A detailed statement of each Permitted Deduction is set forth in Appendix A, incorporated herein by reference.
2. Deposit Balance.
   a. Total Deposit Paid: $[DEPOSIT AMOUNT]
   b. Total Permitted Deductions: $[TOTAL DEDUCTIONS]
   c. Deposit Balance Due Tenant: $[BALANCE DUE]
3. Method of Payment. Concurrently with this Letter, Landlord has enclosed (i) a check in the amount of $[BALANCE DUE] payable to Tenant, OR (ii) a demand that Tenant remit the Additional Amount (defined below), as applicable.
4. Additional Amounts Owing (If Any). To the extent the Total Permitted Deductions exceed the Deposit, Tenant shall remit the difference, namely $[ADDITIONAL AMOUNT] (the “Additional Amount”), to Landlord within ten (10) calendar days of Tenant’s receipt of this Letter.

[// GUIDANCE: Delete § III.4 if Deposit Balance is owed to Tenant rather than Tenant owing an Additional Amount.]

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that each Permitted Deduction listed in Appendix A:
   a. Is lawful under Idaho Code § 6-321 and the Lease;
   b. Reflects the actual, good-faith cost incurred or reasonably estimated by Landlord; and
   c. Is net of Ordinary Wear and Tear.
2. Landlord further represents that all sums enclosed (if any) constitute the correct Deposit Balance as of the Effective Date.

V. COVENANTS & RESTRICTIONS

1. Tenant shall not dispose of or alter any evidence related to claimed damages until the earlier of (i) written confirmation from Landlord that the matter is resolved, or (ii) final adjudication of any dispute.
2. Landlord shall preserve invoices, receipts, and other supporting documentation for at least one (1) year and will make such documentation available for reasonable inspection by Tenant upon written request.

VI. DEFAULT & REMEDIES

1. Failure by Tenant to pay any Additional Amount when due shall constitute a default under this Letter and the Lease.
2. Remedies. Upon Tenant’s default, Landlord may pursue all rights and remedies available under the Lease and applicable law, including filing an action in the court specified in Section VIII.

VII. RISK ALLOCATION

1. Statutory Penalties. Tenant is hereby notified that, pursuant to Idaho Code § 6-321(3), a landlord who wrongfully withholds any portion of a security deposit may be liable for the full amount wrongfully withheld, plus damages not to exceed $5 per day—capped at the amount of the Deposit—until the deposit is paid or an action is filed, together with reasonable attorney fees.
2. Nothing in this Letter shall be construed to limit or waive either party’s rights or obligations under Idaho Code § 6-321 or other non-waivable provisions of Idaho law.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Letter shall be governed by, and construed in accordance with, the laws of the State of Idaho (without regard to its conflict-of-laws rules).
2. Forum Selection. Any dispute arising out of or related to this Letter shall be filed exclusively in the state housing court (or other court of competent jurisdiction) located in [COUNTY], Idaho.
3. Arbitration. The parties expressly exclude arbitration.
4. Jury Waiver. Nothing in this Letter is intended to waive any constitutional right to a jury trial.
5. Injunctive Relief. The parties acknowledge that all controversies contemplated by this Letter are adequately compensable by money damages; injunctive relief is therefore not preserved.

IX. GENERAL PROVISIONS

1. Entire Agreement. This Letter and Appendix A constitute the complete and exclusive statement of Landlord’s accounting of the Deposit.
2. Amendments. Any amendment to this Letter must be in a writing signed by both parties.
3. Notices. All notices shall be delivered in accordance with the notice provisions of the Lease.
4. Severability. If any provision of this Letter is held unenforceable, the remainder shall remain in full force and effect.
5. Counterparts; Electronic Signatures. This Letter may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

X. EXECUTION BLOCK

*Tenant signature is requested but not required by statute; it serves as contemporaneous acknowledgment of receipt only.

[// GUIDANCE: If mailing without tenant signature, remove Tenant column and include a Certificate of Mailing instead.]

APPENDIX A – ITEMIZED STATEMENT OF DEPOSIT DEDUCTIONS

[// GUIDANCE: Attach copies of invoices/receipts if available; maintain originals for at least one (1) year.]

This Letter is provided pursuant to Idaho Code § 6-321 (2024) and is intended to comply fully with all statutory requirements regarding the return and itemization of residential security deposits in the State of Idaho.