Tenants' Security Deposit Rights in Nevada
Important Rules for Landlords and Tenants
If you are a tenant in Nevada, you have likely given your landlord a security deposit in order to rent the apartment. Did you know that there are certain security deposit rules that both landlords and tenants must follow under Nevada’s landlord tenant law? Here are nine basics you should be familiar with.
Security Deposit Maximum in Nevada
Nevada does place a limit on the amount a landlord can charge for a security deposit. The maximum amount will differ, depending on the type of rental property they own:
- Private Housing: Landlords can charge a maximum of three months’ rent.
- Public Housing: Landlords can charge a maximum of one month’s rent.
- Section 8 Project Based Housing: Landlords can charge a maximum of one month’s rent or $50, whichever is more.
Is a Nonrefundable Deposit Allowed in Nevada?
All security deposits in Nevada are considered refundable as long as the tenant abides by the terms of the lease agreement. Nevada landlords can, however, charge a nonrefundable cleaning fee. This cleaning fee and the amount charged must be clearly written in the terms of the lease.
Right to Use Surety Bond as Security Deposit
Nevada's landlord tenant law gives tenants the option of purchasing a surety bond to act as their security deposit. While a tenant has the right to purchase this bond, landlord's in Nevada are not required to accept a surety bond, nor can they force a tenant to purchase a surety bond.
Rules for Storing the Security Deposit
Nevada does not have any specific rules for how landlords must store tenants' security deposits. Landlords are not required to store the deposit in a separate interest bearing account, nor are they required to pay the tenant interest on their security deposit.
Written Notice Required After Receipt of Deposit in Nevada?
A Nevada landlord is only required to provide written notice after receiving a tenant's security deposit if a tenant requests it. The tenant is allowed to request a signed written receipt for a security deposit, surety bond or rental payment and is allowed to withhold rental payments until the landlord provides this signed receipt.
3 Reasons You Can Keep a Security Deposit in Nevada
Landlords in the state of Nevada may be able to take deductions from a tenant’s security deposit for the following reasons:
- To cover unpaid rent.
- Damage in excess of normal wear and tear.
- Costs to clean the unit.
Landlords in Nevada must also list all deposits required as a clause in the lease agreement, as well as the conditions for their return.
Do Nevada Tenants Have the Right to a Walk-Through Inspection?
No. Landlords in the state of Nevada are not required by law to perform a walk-through inspection prior to tenant move-out.
30 Days to Return Security Deposit
In the state of Nevada, landlords must return a tenant’s security deposit or surety, minus any legal deductions, to the tenant within 30 days of lease termination. If any deductions have been made, the landlord is required to include an itemized list of the deductions.
The landlord has two options for returning the deposit:
- Hand Deliver- The landlord can hand it to the tenant personally at the location where rent is paid.
- Mail- The landlord can mail the deposit to the tenant at the new forwarding address the tenant has given, or if a new address has not been provided, mail the deposit to the tenant’s last known mailing address.
- If a tenant disagrees with any of the deductions made, the tenant must send a written statement disputing the charges to the surety or to the landlord. If the dispute cannot be handled outside of court, the tenant can sue the landlord in small claims court to recover their security deposit.
Failure to Return
If a landlord fails to return a tenant’s security deposit or surety bond within 30 days or fails to provide a written itemized statement of deductions, the tenant may also sue the landlord in small claims court. The landlord may be liable for the entire amount of the security deposit, plus any additional amount awarded by the court, which cannot be more than the amount of the deposit.
The Security Deposit When Property Is Sold
When ownership is transferred in the property, a landlord is required to do one of two things:
- Transfer Deposit to New Owner- The landlord can notify the tenant in writing that their security deposit or surety bond, minus any legal deductions, has been transferred to a new owner. The landlord must provide the tenant with the name, address and phone number of the new owner. The new owner is not allowed to require any additional deposit from the tenant during the remainder of the lease.
- Return Deposit to Tenant- The landlord can return the security deposit or surety bond, minus any legal deductions, to the tenant and notify the new owner in writing that the security deposit has been returned to the tenant.
Nevada’s Security Deposit Law
For the original text of Nevada's security deposit statute, please consult Nevada Revised Statutes Annotated §§118A.240 through 118A.250.