Idaho Falls, ID asked in Landlord - Tenant for Idaho

Q: Is it legal for a landlord to withhold deposit money for work they did not perform?

Landlord won't refund a non refundable $400 carpet cleaning/cleaning fee, but allowed one of the original parties on my lease to sign a new lease without having to move out, and never cleaned the carpets or cleaned the property.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: The ONLY deposits which are NOT refundable in Idaho are those Security Deposits. A Security Deposit is one sum of money deposited to guarantee the payment of rent. All other deposits are refundable, if say, the cleaning bill was for $180.00 and the LL charged you a $300 deposit, you are due a refund for cleaning of $120 AND proof that the carpet, walls, bathrooms etc. needed cleaning. Many landlords will charge this and re-rent to the next tenant without doing any cleaning, because the previous tenant did a good job cleaning. Now, here's the trick: you will need to sue for your deposit to get it. Landlords are "land owners," and hire people to harang, and intimidate the tenant. So, get your small claims form ready for filing. If you succeed, you will receive not only the balance or entirety of your deposit back, but you will also get your filing fee and service charges back.

Good Luck!

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