Under which law can a tenant seek refund of security deposit from the landlord in Idaho?

Full Question:

It has been more than 5 months since I left the rental premises and my landlord still has not refunded my security deposit. What can I do in this situation? I am a resident of Idaho.
01/17/2017   |   Category: Landlord Tenant   |   State: Idaho   |   #30376

Answer:

In Idaho, the landlord is required to refund the security deposit to the tenant within 21 days if no time is fixed by agreement, and in any event, within 30 days after the tenant has surrendered the rental premises. If the landlord fails to return a security deposit then the tenant may file an action against a landlord for damages and specific performance against the landlord. The relevant statutory provisions are stated below.

Idaho Code § 6-321 reads:

“Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. . . .
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. Any refunds in an amount less than the full amount deposited by the tenant 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.”

Idaho Code § 6-320  reads:
“(a) A tenant may file an action against a landlord for damages and specific performance for:
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   (4) Failure to return a security deposit as and when required by law”
 
In the given instance, you may file an action against your landlord for damages and specific performance for failing to return the security deposit within the time specified under Idaho Code § 6-321.