| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent and late fees
Costs of damage Cleaning fees included in lease |
| Return Deadline | 30 days (21 days for mobile homes) |
| Itemized Deductions | Required |
| Max. Penalty for Late Return | 2x Deposit |
For laws on security deposit collections and holdings in Nevada, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Nevada
Nevada allows the following deductions from a security deposit:
- Unpaid rent and late fees
- Costs of damage excluding normal wear and tear
- Cleaning fees included in the lease agreement
Most states, including Nevada, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What Is Considered Normal Wear and Tear in Nevada?
Nevada, unlike many states, has a formal definition for “normal wear.” This is what the law defines:
“Normal wear” means that deterioration which occurs without negligence, carelessness or abuse of the premises, equipment or chattels by the tenant, a member of the tenant’s household or other person on the premises with the tenant’s consent.
Examples include:
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” is deterioration that occurs because of “negligence, carelessness, or abuse” of the premises and related items.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Nevada?
Landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Nevada?
Nevada landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Nevada?
Landlords in Nevada can charge a reasonable, non-refundable cleaning fee if it is specifically agreed by the tenant in the lease. If the lease agreement does not allow for cleaning fees, landlords can only make deductions for cleaning actual damage (e.g. wine stains on the carpet).
Can the Landlord Charge for Painting in Nevada?
Nevada landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Nevada
Landlords must return a security deposit by mail to the tenant’s current or last known address or hand-delivery to the tenant where rent is paid with an itemized statement of deductions, if any, no later than 30 days after the lease term ends.
How Long Do Landlords Have to Return Security Deposits in Nevada?
Nevada landlords have 30 days after the lease term ends to return any unused portion of the security deposit.
Many of the rules regarding security deposits for mobile homes are different. For example, landlords of mobile homes must return security deposits within 21 days.
Do Landlords Owe Interest on Security Deposits in Nevada?
Nevada law does not require landlords to provide interest on held security deposits.
How Do Landlords Give Notice in Nevada?
If deductions are to be made from the security deposit, a written notice must be sent by mail to the tenant’s current or last known address or hand-delivered to the tenant where rent is paid and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions.
Can a Security Deposit Be Used for Last Month’s Rent in Nevada?
Nevada law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Nevada
If landlords do not return the security deposit within the 30-day period, tenants can file for the return of the full security deposit plus damages in an amount determined by the court up to the amount of the deposit.
When determining the amount of damages, courts will consider:
- Whether the landlord acted in good faith
- The course of conduct between the landlord and the tenant
- The degree of harm to the tenant caused by the landlord’s conduct
Tenants can also take legal action against a landlord for:
- Failure to list the security deposit in the lease agreement
- Failure to provide an itemized statement of deductions
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Nevada?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file a civil case in Justice Court.
A small claims case must be filed within 4 or 6 years depending on whether the lease agreement was oral or written. An attorney is not required but permitted. Cases are filed in the Small Claims Court for the township where the property is located or where the defendant lives, works, or does business. Filing fees vary by court.
Sources
- 1 Nev. Rev. Stat. § 118A.242(2)
-
Upon termination of the tenancy by either party for any reason, the landlord may claim of the security deposit or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized, written accounting of the disposition of the security deposit or surety bond, or a combination thereof, and return any remaining portion of the security deposit to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.Source Link
- 2 Nev. Rev. Stat. § 118A.110
-
“Normal wear” means that deterioration which occurs without negligence, carelessness or abuse of the premises, equipment or chattels by the tenant, a member of the tenant’s household or other person on the premises with the tenant’s consent.Source Link
- 3 Nev. Rev. Stat. § 118A.242
-
Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security deposit under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section. Any such provision is void as contrary to public policy.Source Link
- 4 Nev. Rev. Stat. § 118B.060
-
Except as otherwise provided in subsection 4:
(a) All deposits [for a mobile home] are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.
(b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.
Source Link - 5 Nev. Rev. Stat. § 118A.242(6) & (7)
-
6. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages:
(a) In an amount equal to the entire security deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the entire security deposit.
7. In determining the sum, if any, to be awarded under paragraph (b) of subsection 6, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord’s conduct.
Source Link - 6 Nev. Rev. Stat. § 73.010
-
A justice of the peace has jurisdiction and may proceed as provided in this chapter and by rules of court in all cases arising in the justice court for the recovery of money only, where the amount claimed does not exceed $10,000.Source Link
