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Security Deposits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How large a security deposit may the landlord of a residential property request?
No more than 3 months of rent. NRS 118A.242(1)

May a tenant post a surety bond instead of a security deposit?
Yes, if all parties agree. If the landlord makes claim against the bond the tenant must be given an itemized written accounting received from the landlord. The tenant may send a written response disputing any items to the surety. The surety cannot report a landlord's claim to a credit reporting agency unless the surety first sues the tenant and obtains a judgment.

How does a tenant prove that he paid a security deposit?
The landlord is required to deliver to the tenant, upon his request, a signed written receipt for the security deposit (as well as for any other payments, including rent). NRS 118A.250

What if the landlord will not give the tenant a receipt for the security deposit?
The tenant may refuse to make rent payments until the landlord provides the requested receipt. NRS 118A.250

Must the landlord return the security deposit?
Not necessarily. The landlord may deduct from the security deposit such amounts as are necessary to:

  • Remedy any default in the payment of the rent,
  • Repair damages to the premises caused by the tenant, other than "normal wear,"
  • Pay the reasonable costs of cleaning the premises. NRS 118A.242(2) and (5).

What is "normal wear"?
The kind of deterioration which occurs without negligence, carelessness or abuse of the premises. NRS 118A.110

When must the landlord return the security deposit to the tenant?
Upon termination of the tenancy by either party for any reason, including eviction, the landlord must return the deposit to the tenant, or provide an itemized written accounting showing how the deposit was disposed of, no later than 30 days after the termination of the tenancy. NRS 118A.242(2)

What if the landlord fails to return the security deposit within 30 days or the tenant disagrees with the way in which the security deposit was used?
The tenant may sue the landlord and request up to twice the amount of the security deposit. A tenant who paid their deposit by purchasing a surety bond, a tenant who disagrees with the way in which the landlord used the security deposit may send a written response to the surety. If the tenant sends this response within 30 days after receiving an itemized written accounting from the landlord, the surety is not to report the landlord's claim to a credit reporting agency without first obtaining a judgment against the tenant.

What if the landlord sells the property or loses it in a foreclosure sale?
A successor in interest (including a purchaser at a foreclosure sale) has the same obligations regarding the security deposit as the original landlord.

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