Legal Question in Landlord & Tenant Law in Idaho

Getting back your security deposit

How long does a rental agency have to return your security deposit after you move out of the residence? If the deposit is not returned, is it true that the agency has to provide a detailed letter stating where the deposit was applied? Also, does this have to be done in a specific amount of time?


Asked on 1/03/06, 10:07 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Getting back your security deposit

14 days; yes, it's true; and see answer to No. 1.

Go look up RCW 59.18.260, .270 and .280. Those are the statutes regarding deposits.

Deposits can be characterized as security or damage deposits. Security is generally interpreted as available for any breach of the rental agreement by the tenant; damage deposits are generally characterized as related to the physical condition of the premises. They cannot dock you for normal wear and tear.

.260 discusses the necessity of a written checklist detailing the condition of the premises at the time you begin the lease. No checklist, no deposit.

.270 says the money has to be in a bank account, and they have to tell you where it is.

.280 details what they have to do at the conclusion of the tenancy. They have 14 days to provide you with a detailed statement regarding what they did with your money.

If they say they had to keep $75.00 for painting, they'd better have receipts or invoices to demonstrate where they spent the money.

You are under no obligation to remind them about that letter. If they don't get it to you, their evidence is excluded.

There is also a remedy of 2X the deposit if they court determines they were acting in bad faith.

This is generally a problem for small claims. Call or write if you need more help.

One caveat: this is based on the state where the rental was/is located. If you were living in ID, the rules could be very different and I can only speak to WA. Good luck - Powell

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Answered on 1/03/06, 10:18 pm


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