Each state in this series puts the weight of a deposit dispute somewhere different. Colorado lets the tenant demand your photographs. Utah asks for a written itemization. Arizona puts the tenant in the room at move-out. Idaho puts it on a document that was signed before the tenancy began: the deposit arrangement itself. Under Idaho’s statute, a landlord may keep only the amounts needed to cover “the contingencies specified in the deposit arrangement” — which means the clause you wrote at signing decides what you can deduct at move-out.
This article sets out what the Idaho Code actually says, and then what that means for the photos and receipts you keep. It covers Idaho only.
What the statute says
We read the current text of Idaho Code 6-321, and the two sections a dispute runs through, 6-320 and 6-317, on the Idaho Legislature’s site — not a summary.
- Everything but rent is a deposit. “Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits” (6-321(1)).
- The controlling clause. At the end of the tenancy the whole deposit “shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement” (1). The statute itself names no permitted deductions; it points back at what your own paperwork specified.
- Wear and tear is off the table. “The landlord shall not retain any part of a security deposit to cover normal wear and tear”, defined as “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” (1).
- Twenty-one days, thirty at most. “Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant” (2). The agreement can move the deadline, but never past thirty days.
- A partial refund needs a signed, detailed statement. Any refund short of the full deposit “shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit” (2). Note the third item: not just what you kept and why, but what you spent it on.
- The deposit follows the building. If the property changes hands during a tenancy, “the new owner shall be liable for refund of the deposits” (3).
- Third-party managers hold deposits in trust. A deposit on a residential rental “managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution”, separate from the manager’s operating account (4). Owners managing their own property, managers sharing principals with the owner entity, real estate licensees and certain nonprofits are exempted.
- What missing it costs. “Failure to return a security deposit as and when required by law” is one of the grounds on which a tenant may sue a landlord (6-320(a)(4)) — after giving “three (3) days written notice, listing each failure or breach” with a written demand to cure (6-320(d)). If the tenant wins, “judgment may be entered for three (3) times the amount at which the actual damages are assessed” (6-317). That “may” is the court’s choice; we did not research when Idaho courts make it.
Notice what is missing. Nothing in these sections mentions photographs, and nothing requires a move-in form or inventory the way Arizona does. In Idaho the move-in record exists only if you make one.
The clause that does the work
“Contingencies specified in the deposit arrangement” is the phrase to sit with. Read literally, a deduction the deposit clause never specified is a deduction subsection (1) does not authorize — however real the damage. How broadly Idaho courts read “specified” is a case-law question we did not research, so we will not tell you where the line is. What we will say is cheap and safe either way: read your own lease’s deposit clause today, before the next move-out, and see whether it actually names the things you routinely deduct for — unpaid rent, cleaning, damage beyond normal wear and tear. If it does not, that is a conversation to have with an Idaho lawyer or your association now, not in the twenty-one days.
Where the photos come in
The expenditure list is a photos-and-receipts question
Idaho asks for more than an itemization. The signed statement has to carry “a detailed list of expenditures made from the deposit” — what was actually spent. When a deducted line is tested, it is tested as a chain: the photo showing the damage, the expenditure that fixed it, the receipt behind the expenditure. A repair bill with no picture of what it repaired invites the question the statute has already armed the tenant to ask. Tie each expenditure to the photo of what it fixed on the day you write the statement, not the day a dispute arrives — and check the vendor’s own photos while you are at it, because the commonest invoice fraud is the same picture billed twice.
No required move-in form means the baseline is yours to build
A deduction for damage only works if the damage was not there at move-in, and wear and tear — which you may not deduct for at all — is exactly what a stranger will suspect a scuffed wall of being. With no statutory move-in form, the only baseline is the one you made: photographs of the unit at handover, same spots you will photograph at move-out. The photos a tenant sends back covers reading the files a tenant produces, and getting the original file covers which routes keep the camera record and which quietly strip it.
Twenty-one days is the shortest default clock in this series
Colorado gives thirty days, Utah thirty, Arizona fourteen business days — roughly three weeks. Idaho’s default is twenty-one calendar days, and your agreement can only ever move it to thirty. That is enough time to write a detailed statement from records that already exist. It is not enough time to reconstruct a move-in record, chase a contractor for an invoice, or work out which of three near-identical bathroom photos went with which repair. The filing has to be done before the tenancy ends; the deadline only tests it.
A short routine that fits the statute
- Read the deposit clause in your lease now. The statute lets you keep only what it specifies. Whether it covers what you actually deduct for is a question for an Idaho lawyer, but only you can notice that it is silent.
- Make the move-in record the statute does not make for you. Photographs at handover, kept as originals — off the phone by cable, not through a message app or a portal.
- At move-out, photograph the same spots. A matching pair is easier for a stranger to follow than a new set of angles, and it is what separates damage from wear.
- Never edit the original. Circle the damage on a copy and keep both. Some phone editing tools write into the file that generative AI was used; the damage may be perfectly real, but it is an argument you did not need to have. What an AI-edited photo records explains.
- Pair every expenditure with its photo and its receipt when you write the signed statement, and send it inside the twenty-one days — or whatever shorter or longer time, up to thirty days, your agreement fixed.
- Keep everything, unchanged. A SHA-256 fingerprint of each file lets you show later that the photo in front of a court is the one you took. Change one pixel and the fingerprint changes completely.
The limits, stated plainly
- This is not legal advice. It is our reading of the current statute text, and it covers Idaho only. We did not research Idaho case law — including how “contingencies specified in the deposit arrangement” is construed, or when courts enter treble damages — and local ordinances, your lease and case law can all matter. Check your situation with an Idaho lawyer or your association.
- A photo with an intact camera record is corroboration, not proof. Camera data can be edited, and a real photo can still be of the wrong unit or taken on the wrong day.
- A photo with no camera record is not a fake. Screenshots, chat apps and many portals remove it from genuine photos every day.
- Our checker does not judge a picture by looking at it, and gives no confidence score. It reads what is in the file, in your browser, and uploads nothing.
ImposterShield reads the evidence inside image and video files. It runs in your browser and uploads nothing. If a file has been stripped, it says so. If it has not read a file, it says that too.
Check the files before the twenty-one days start
Drop the move-in and move-out photos on the page together. It shows what each file says about where and when it was taken, and marks any two that are the same file. A filed report lists each file’s SHA-256, so you can show later exactly which files you kept.
Open the checker