This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Idaho Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
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US-01678BG
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
Search Idaho Statutes (2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice. History: [(55-208) R.S., sec.
Either the whole deposit or the partial refund and itemized deduction list must be given to the tenant either within 21 days after the lease ends or, if stated in the lease, within 30 days after the tenant leaves the premises.
Your landlord has three days after the day s/he receives the letter to return the deposit (not counting weekends or holidays). If the landlord received your letter after the 21 day (or 30 day) period ended, s/he must return the entire deposit, regardless of damage you may have caused to the place.
Deposits, on the other hand, are refundable once the lease's term comes to an end and the tenant moves out. ing to Idaho's security deposit law, landlords have 21 days to return tenants' security deposits once they move out. This period may be extended or shortened if both parties reach an agreement.
The amount of money cannot be more than $5,000.00 (plus the cost of the filing fee and the cost of giving notice to the defendant). You cannot sue the defendant for more than $5,000.00 in small claims court. You cannot avoid the $5,000.00 limit by filing more than one claim.
If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. You'll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.
However, there are certain rights established by Idaho law that cannot be avoided by the lease. In brief, these rights include the right to privacy, the right of quiet use and enjoyment, the right to safety and health, the right against discrimination, and the right to possession of the premises.