Nevada Security Deposit Demand Letter
In Nevada a landlord must return your deposit with an itemized accounting within 30 days. A landlord who fails or refuses can owe up to twice the deposit. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Nevada tenant sends a former landlord to recover a security deposit that has not been returned, before filing in justice court. In Nevada the landlord must provide an itemized, written accounting of the disposition of the deposit and return any remaining portion no later than 30 days after termination of the tenancy (NRS 118A.242(4)). The landlord may claim only amounts reasonably necessary to remedy a rent default, to repair damages caused by the tenant other than normal wear, and to pay the reasonable costs of cleaning (118A.242(4)). A rental agreement may not characterize a deposit as nonrefundable or waive a tenant rights, and any such provision is void, except that an agreement may provide a nonrefundable cleaning charge in a reasonable amount (118A.242(8)). If the landlord fails or refuses to return the remaining deposit within 30 days, the landlord is liable for damages of an amount equal to the entire deposit, plus a further sum fixed by the court of not more than the entire deposit, so the exposure runs up to twice the deposit (118A.242(6)); in fixing that extra sum the court weighs the landlord good faith and the harm to the tenant (118A.242(7)). If the demand is ignored, a Nevada tenant can sue in justice court small claims for up to $10,000 (NRS 73.010), and the deadline to sue on a written lease is six years (NRS 11.190). DocDraft builds your Nevada security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A security deposit demand letter is a written demand a Nevada tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to justice court small claims.
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The landlord must provide an itemized, written accounting of the disposition of the deposit and return any remaining portion no later than 30 days after termination of the tenancy (NRS 118A.242(4)).
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A Nevada landlord may claim only amounts reasonably necessary to remedy a default in rent, to repair damages caused by the tenant other than normal wear, and to pay the reasonable costs of cleaning the premises (NRS 118A.242(4)).
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The landlord may not deduct for normal wear (NRS 118A.242(4)), and a deposit charged for wear that is normal use rather than tenant-caused damage can be disputed.
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A rental agreement may not characterize a deposit as nonrefundable or waive a tenant rights, and any such provision is void, except an agreement may provide a nonrefundable cleaning charge in a reasonable amount (NRS 118A.242(8)).
- 6
If the landlord fails or refuses to return the remaining deposit within 30 days, the landlord is liable for an amount equal to the entire deposit plus a court-fixed sum up to the entire deposit, so the exposure runs up to twice the deposit (NRS 118A.242(6)); this turns on the failure or refusal, not on proving bad faith.
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In fixing the extra sum the court weighs the landlord good faith and the harm to the tenant (NRS 118A.242(7)); a tenant may sue in justice court small claims for up to $10,000 (NRS 73.010), and the deadline to sue on a written lease is six years (NRS 11.190).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Nevada, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Nevada Requirements for Security Deposit Demand Letter
30-Day Return and Itemized Accounting
In Nevada the landlord must provide an itemized, written accounting of the disposition of the deposit and return any remaining portion no later than 30 days after termination of the tenancy (NRS 118A.242(4)). Your demand letter should state that this deadline has passed.
Permitted Deductions
A Nevada landlord may claim only amounts reasonably necessary to remedy a default in rent, to repair damages caused by the tenant other than normal wear, and to pay the reasonable costs of cleaning the premises (NRS 118A.242(4)). Deductions outside these categories can be disputed.
No Deduction for Normal Wear
A Nevada landlord may repair only damages caused by the tenant other than normal wear (NRS 118A.242(4)). Charges for normal use, such as worn carpet or faded paint, are not proper deductions.
Deposits Cannot Be Nonrefundable
A Nevada rental agreement may not characterize any deposit as nonrefundable or waive or modify a tenant rights under the statute, and any such provision is void as contrary to public policy (NRS 118A.242(8)).
Reasonable Nonrefundable Cleaning Charge Exception
The one exception to the nonrefundable prohibition is an agreement that provides for a nonrefundable charge for cleaning in a reasonable amount (NRS 118A.242(8)). A cleaning charge beyond a reasonable amount can be challenged.
Up to Twice the Deposit for Failure to Return
If a Nevada landlord fails or refuses to return the remaining deposit within 30 days, the landlord is liable for an amount equal to the entire deposit, plus a court-fixed sum of not more than the entire deposit, so the exposure runs up to twice the deposit (NRS 118A.242(6)). This turns on the failure or refusal, not on proving bad faith.
Court Weighs Good Faith for the Extra Sum
In fixing the additional sum under NRS 118A.242(6), the court considers whether the landlord acted in good faith, the course of conduct between the parties, and the degree of harm to the tenant (NRS 118A.242(7)).
Small Claims Limit and Deadline to Sue
If the demand is ignored, a Nevada justice court small claims action for the recovery of money may seek up to $10,000 (NRS 73.010). The deadline to sue on a written lease is six years (NRS 11.190), though filing promptly after the demand is the practical course.