I am currently reviewing a lease where I am planning on signing as a guarantor for my college-age son. The unit to be leased is near campus and is not university owned.
With regards to the security deposit, the lease reads, "Owner/agent shall return the security deposit to resident within 1(one) month or 25 Business Days after termination of this lease or surrender and acceptance of the premises, whichever occurs last." (Doesn't 25 business days ALWAYS occur last? This is besides the point, just wanted to mention it.)
Idaho Statute 6-321 states, "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."
When discussing the discrepancy with the leasing company, I was basically told they need the extra week or so because it worked better for them. Lame, I know. I may not be the sharpest tool in the shed, but I have a feeling a contractual agreement outside the scope of the statute may not be enforceable. (It's been a long time since I've been in college and I'm just going on gut instinct here!)
Can anyone shed some light on this for me? By the way, the leasing company has refused to change the terms to match the statute.