Late Return of Security Deposit in Idaho

[RenterInIdaho]

In Idaho the landlord has 21 days to return you deposit or send you an itemized list of deductions.
My landlord did not send me that list until 30 days after i moved out.
Does he have any legal stand to take me to Small Claims Court, when he did not provide me the list until after the 21 days (provided by Idaho law)?

Any info would be great!
Thanks!

[seniorjudge]

What's the statute number on the law you cite?

[RenterInIdaho]

This is an article published by the State:

http://www2.state.id.us/ag/consumer/...lordTenant.pdf

[seniorjudge]

This is an article published by the State:

http://www2.state.id.us/ag/consumer/...lordTenant.pdf

Does it say in there that the landlord can't sue you if he violates the law?

[RenterInIdaho]

Idaho Statute:

6-321

[RenterInIdaho]

6-321. SECURITY DEPOSITS. Amounts deposited by a tenant with a landlord
for any purpose other than the payment of rent shall be deemed security
deposits. Upon termination of a lease or rental agreement and surrender of the
premises by the tenant all amounts held by the landlord as a security deposit
shall be refunded to the tenant, except amounts necessary to cover the
contingencies specified in the deposit arrangement. The landlord shall not
retain any part of a security deposit to cover normal wear and tear. "Normal
wear and tear" means 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.
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. If security deposits have been made as to a particular rental or lease
property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.

I am not sure if this means he cannot try to sue me for the money if he submits the invoice later than the alotted time. I know he is ABLE to, but would he have a cases in small claims court? That is my question. Thanks for the help

[aaron]

Did your lease extend the notice period to 30 days?

The remedy for non-compliance is set forth as:

If the landlord refuses to comply with the requirements concerning a security deposit, the tenant can require compliance. The tenant must first give the landlord notice, in writing, of the violation and demand compliance. The landlord must be allowed three (3) days to refund the deposit or provide the necessary statement. If the landlord does not comply, the tenant can then institute a formal legal proceeding to require the landlord to refund the security deposit. This lawsuit can be brought either in the district court or in small claims court. If the action is brought in small claims court, the damages sought cannot exceed $5,000. If the tenant is successful, the court may, at its discretion, award damages up to the amount of three times the security deposit.

Did you do that?

[RenterInIdaho]

He sent me the letter 32 days after i moved out saying I owed him more money than what my deposti covered. I sent him a letter propmtly saying I did not argee and I was not going to send him more money.

Since he violated to 21 days to return to me the itemized deductions, can he take me to court and ask for them? ( I know he CAN and is ABLE to but would it hold up in court)

[seniorjudge]

He sent me the letter 32 days after i moved out saying I owed him more money than what my deposti covered. I sent him a letter propmtly saying I did not argee and I was not going to send him more money.

Since he violated to 21 days to return to me the itemized deductions, can he take me to court and ask for them? ( I know he CAN and is ABLE to but would it hold up in court)

Nobody knows what will hold up in court! We cannot predict the future!!!


Quote:
Quoting Landlord's Noncompliance
If the landlord refuses to comply with the requirements concerning a security deposit, the tenant can require compliance. The tenant must first give the landlord notice, in writing, of the violation and demand compliance. The landlord must be allowed three (3) days to refund the deposit or provide the necessary statement. If the landlord does not comply, the tenant can then institute a formal legal proceeding to require the landlord to refund the security deposit. This lawsuit can be brought either in the district court or in small claims court. If the action is brought in small claims court, the damages sought cannot exceed $5,000. If the tenant is successful, the court may, at its discretion, award damages up to the amount of three times the security deposit.

Did you do that?

[RenterInIdaho]

He is taking me to court. I just don't want to pay him anymore money. He already took my deposit. I want to see what kind of case I have in small claims court.