Nevada
law allows landlords to charge up to the equivalent of three months’ rent as a security deposit. A landlord has 30 days after you move out to return your deposit to you.Renting instead of buying a place can be great for living in an area short-term, but the rental process comes with its own frustrations, especially when it comes to security deposits.
Not only can security deposits cost you a lot of money upfront, but it can also be hard to know the laws surrounding security deposits in each state.
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What is Nevada law on security deposits?
Under Nevada law, a landlord cannot charge more than the equivalent of three months’ regular rent as a security deposit. This deposit has to be returned to you within 30 days after you move out.
In some cases, you don’t have to pay your whole security deposit in cash. If your landlord agrees, you can use a surety bond for all or part of your deposit to secure your rental agreement.
Chapter 118A
of the Nevada Revised Statutes lays out all the rules for landlords and tenants, including security deposits. What is the maximum security deposit a landlord can charge in Nevada?
In Nevada, landlords can charge at most three months’ rent for a security deposit.
You may be asked to provide your security deposit and first month’s rent upfront. This means that if you’re moving into a new rental property in Nevada, you may need the equivalent of four months’ rent on hand when you sign your lease.
A security deposit is always considered refundable. The landlord can also charge a non-refundable cleaning fee, but this fee must be clearly listed in the rental agreement.
Your landlord is also required by law to list somewhere in the rental agreement the conditions under which they will withhold your security deposit. If your rental agreement doesn’t include this list, do not sign the lease.
How long does a landlord have to return a security deposit in Nevada?
After you move out, a landlord has 30 days to return your security deposit. This gives them time to inspect the rental property and see if any damages need to be repaired or if any cleaning needs to be done. A landlord can either hand-deliver a refund or send it by mail.
To help your landlord get the money to you as quickly as possible, make sure you provide them with your forwarding address.
What can a landlord withhold a security deposit for in Nevada?
There are a few reasons a landlord can legally withhold part or all of your security deposit. As per Nevada law, a landlord can deduct money from your security deposit refund for:
Damage to the rental beyond normal wear and tear
Cleaning costs (if a separate cleaning fee wasn’t paid when you moved in)
“Normal wear and tear” isn’t well-defined in the Nevada Statutes. Generally, normal wear and tear is anything that could reasonably happen when someone lives in the property for an extended period. This could be anything from worn carpeting, doors sticking from humidity, or small scuffs on walls from the furniture.
Any excessive damage that results from neglect or misuse goes beyond normal wear and tear and can result in your security deposit being withheld.
If your landlord withholds part of your security deposit, they must provide an itemized list of deductions that show what damages occurred and how much requisite repairs cost.
Key Takeaway Security deposits in Nevada are technically refundable, but a landlord can keep part or all of your deposit if you fail to pay rent or cause excessive damage to the property.
How to get your security deposit back in Nevada
What do you do if your landlord keeps all or part of your deposit? Or worse, what if 30 days go by and you haven’t received any word about your deposit?
Your first step should be to contact your landlord in writing. It could be that your deposit got mixed up in the mail and never arrived, or they just forgot to send it. This is also a good time to remind your landlord that if they deduct anything from your deposit, you need an itemized list of those deductions.
If your landlord deducts money from your deposit and you don’t agree with their deductions (or never received a list of deductions in the first place), make a formal written dispute of the charges.
If the above steps don’t help resolve your dispute, you may want to consider taking your landlord to small claims court. In Nevada, if a court rules that a landlord failed to return a deposit within 30 days and was not acting in good faith, they’re responsible for either:
Damages equal to the entire security deposit
An amount specified by the court depending on the landlord’s conduct and the degree of harm to the tenant
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