|Return Deadline||30 days (21 days for mobile homes)|
|Max. Penalty for Late Return||2x Deposit|
For laws on security deposit collections and holdings in Nevada, click here.
Security Deposit Deductions in Nevada
In Nevada, the following things can be deducted from security deposits:
Unpaid rent and late fees
Costs of damage excluding normal wear and tear
Cleaning fees included in the lease agreement
Most states, such as Nevada, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
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 & Tear vs Damage in Nevada?
Normal wear and tear is damage that is expected when a rental unit is used in a normal way, such as gently worn carpets and faded walls. Damage is the destruction caused by abusive or negligent use of a rental unit, like ripped carpets and heavily stained walls.
Nevada defines “Normal Wear” as “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.”
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” is not defined by Nevada law, but generally means destruction to the rental unit that occurs because of abuse or negligence by a tenant during the course of the tenancy.
- 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?
Yes, landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear.
Some wear and tear on a rental unit’s carpet is expected after normal day-to-day use of the property. For example, carpets typically become discolored, indented, or gently worn, when used in a normal way. However, non-typical, abusive use of carpet results in rips, visible stains, or burns. Landlords have the right to charge the tenant for the replacement of the carpet in areas where serious damage has occurred.
Can the Landlord Charge for Nail Holes in Nevada?
Yes, landlords can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.
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 non-refundable cleaning fee if it is specifically stated in the lease agreement and the fee is reasonable. If the lease agreement does not allow for cleaning fees, landlords can only make deductions for cleaning if the tenant causes damage that requires cleaning (e.g. wine stains on the carpet).
Can the Landlord Charge for Painting in Nevada?
Yes, in Nevada, landlords can charge for painting, except for normal wear and tear. For example, if the tenant:
- Causes damage beyond normal wear and tear
- Repaints the wall but is not permitted to do so under the lease agreement
- Repaints the wall in an unprofessional way
Normal wear includes minor scrapes from daily use, fading due to sunlight, or minor cracks in the original paint. Landlords can charge for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.
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 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. See Nevada Revised Statutes § 118B.060 for the laws regarding security deposits for mobile home tenants.
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 / What Information Do They Have to Provide 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.
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.
Our website provides more information about the process of filing a dispute in Small Claims Court.
- 1 NV Rev Stat § 118A.242
…the landlord may claim of the security deposit…only such amounts…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.Source Link
- 2 NV Rev Stat § 118A.242
…the landlord may claim of the security deposit…only such amounts as are reasonably necessary…
- 3 NV 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
- 4 NV Rev Stat § 118A.200
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…Source Link
- 5 NV Rev Stat § 118A.242
The landlord shall…return any remaining portion of the security deposit to the tenant no later than 30 days after the termination of the tenancy…Source Link
- 6 NV Rev Stat § 118A.242
The landlord shall provide the tenant with an itemized, written accounting of the disposition of the security deposit…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
- 7 NV Rev Stat § 118A.242
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…in an amount equal to the entire security deposit; and…a sum to be fixed by the court of not more than the amount of the entire security deposit.Source Link
- 8 NV Rev Stat § 118A.242
In determining the sum, if any, to be awarded…the court shall consider:Source Link
(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.
- 9 NV Rev Stat § 73.010
A justice of the peace has jurisdiction…for the recovery of money only, where the amount claimed does not exceed $10,000.Source Link