Security Deposit Demand Letter — Nevada

SECURITY DEPOSIT DEMAND LETTER — NEVADA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED (Tracking No. [____________])
AND FIRST-CLASS U.S. MAIL

Date: [__/__/____]

To: [________________________________]
[________________________________]
[________________________________]

Re: Demand for Return of Security Deposit Under NRS 118A.242
Former Tenant: [________________________________]
Rental Premises: [________________________________]
Tenancy Dates: [__/__/____] through [__/__/____]
Total Deposit Amount: $[____________]

Dear [________________________________]:

This firm represents [________________________________] ("Tenant") in connection with the residential tenancy described above. Tenant demands the immediate return of the full security deposit, together with statutory damages, costs, and attorney fees, because you have violated Nevada's landlord-tenant statutes governing security deposits.

I. GOVERNING NEVADA LAW

A. NRS 118A.242 — The Controlling Statute

Nevada security deposits are governed by NRS 118A.242, part of the Nevada Residential Landlord and Tenant Act (NRS Chapter 118A). This statute sets an absolute ceiling, a hard return deadline, a mandatory itemization requirement, and meaningful remedies that distinguish Nevada from most neighboring states.

B. Nevada's Three-Month Deposit Cap

Under NRS 118A.242(1), a landlord may not demand or receive a security deposit, including any pet deposit, in excess of three (3) months' periodic rent. Nevada's three-month ceiling is one of the highest in the United States, but it is nonetheless an absolute cap: any amount collected above three months' rent is unlawful and recoverable.

Monthly rent: $[____________]
Statutory maximum deposit (3 × rent): $[____________]
Actual deposit collected: $[____________]
☐ Deposit complied with NRS 118A.242(1)
☐ Deposit exceeded the statutory cap by $[____________]

C. The 30-Day Return and Itemization Deadline

NRS 118A.242(4) requires the landlord, within thirty (30) calendar days after the tenant surrenders the premises, to deliver to the tenant:

1. An itemized written accounting of any claimed deductions, identifying each specific charge and the reason for it; and
2. Any remaining balance of the deposit owed to the tenant.

The 30-day clock runs from the later of (a) the date the tenancy terminates, or (b) the date the tenant surrenders the premises and keys. The itemization must be mailed to the tenant's last known address or the forwarding address the tenant supplied.

D. Permitted and Prohibited Deductions

Under NRS 118A.242(2), a landlord may retain only amounts reasonably necessary to:

• Remedy tenant defaults in payment of rent;
• Repair damage to the premises caused by the tenant, other than normal wear and tear;
• Pay the reasonable cost of cleaning the dwelling if reasonably necessary; and
• Other costs expressly and lawfully permitted by the rental agreement.

Nevada courts have consistently rejected charges for ordinary turnover costs, pre-existing conditions, routine repainting, carpet replacement based on age, and routine cleaning of already-clean premises.

E. NRS 118A.242(5) — Forfeiture for Failure to Itemize

This is the critical penalty provision. Under NRS 118A.242(5), a landlord who fails to provide the itemized written accounting within the 30-day period is liable to the tenant for damages equal to the entire amount of the security deposit, in addition to any actual damages the tenant has suffered. The landlord also forfeits the right to claim any deductions.

In practical terms, a landlord who fails to send a timely, compliant itemization owes the tenant double — the full deposit back plus damages equal to the deposit — even if there were legitimate grounds for deduction.

F. Deposits Must Be Held in Trust

Under NRS 118A.244, a security deposit remains the property of the tenant and must be held by the landlord in trust. Nevada does not require that the deposit be placed in a separate interest-bearing account, and Nevada does not require the payment of interest to the tenant.

G. Move-In Condition Inspection Report — NRS 118A.200(3) and NRS 118A.460

At the commencement of the tenancy, a Nevada landlord must provide a signed, itemized record of the premises' condition. A landlord who fails to provide this inventory is seriously limited in the damage deductions that may be claimed at move-out, because the landlord cannot prove the pre-existing baseline.

☐ Tenant received a signed move-in condition inspection report
☐ Tenant did NOT receive a move-in inspection report (landlord's damage claims are impaired)

H. Attorney Fees — NRS 118A.350

Under NRS 118A.350, a tenant who prevails on a landlord-tenant claim may recover reasonable attorney fees and costs. Nevada courts routinely award such fees against noncompliant landlords in security-deposit disputes.

II. FACTS

Tenant left the premises in the following condition (check all that apply):

☐ Broom clean and free of personal property
☐ Professionally cleaned on [__/__/____] by [________________________________] (receipt attached)
☐ Photographed and/or video-recorded at move-out (date-stamped media preserved)
☐ No damage beyond normal wear and tear
☐ All keys, garage remotes, and access devices returned
☐ Final utility readings provided to landlord

III. YOUR VIOLATIONS OF NRS 118A.242

Check each violation that applies:

☐ Failure to Return Deposit (NRS 118A.242(4)). More than 30 days have elapsed since surrender, and no portion of the deposit has been returned.

☐ Failure to Itemize (NRS 118A.242(4)–(5)). No written itemized accounting of claimed deductions was delivered within the 30-day deadline. Under NRS 118A.242(5), you have therefore forfeited any right to withhold the deposit.

☐ Excessive Deposit (NRS 118A.242(1)). The deposit collected exceeds three months' rent, the maximum permitted by Nevada law.

☐ Improper Deductions. The charges you claim include impermissible items, such as:
☐ Normal wear and tear
☐ Routine cleaning of already-clean premises
☐ Repainting based solely on turnover, not tenant damage
☐ Pre-existing conditions documented on the move-in inventory
☐ Depreciated items charged at full replacement cost
☐ Other: [________________________________]

☐ No Move-In Inventory (NRS 118A.200(3)/NRS 118A.460). You failed to provide a move-in condition inspection report, which undermines any damage claim.

☐ Bad Faith Retention. Evidence of bad faith includes: [________________________________]

IV. AMOUNT DEMANDED

Payment must be made by cashier's check or certified funds payable to [________________________________] and delivered to the undersigned within fourteen (14) calendar days of your receipt of this letter.

V. IF YOU DO NOT COMPLY

If full payment is not received within 14 days, Tenant is prepared to file suit in the appropriate Nevada court without further notice:

• Las Vegas Justice Court, Clark County (for premises in Las Vegas, Henderson, North Las Vegas, Paradise, and other Clark County locations) — Small Claims Division handles matters up to $10,000; Justice Court civil jurisdiction extends to $15,000.
• Reno Justice Court, Washoe County (for premises in Reno, Sparks, and other Washoe County locations) — same Small Claims and civil jurisdictional limits.
• Other Nevada Township Justice Courts for premises in other counties.
• Nevada District Court for claims exceeding the Justice Court limit.

Tenant will seek:

1. The full security deposit under NRS 118A.242(4);
2. Statutory damages equal to the entire deposit under NRS 118A.242(5);
3. Actual damages;
4. Attorney fees and costs under NRS 118A.350;
5. Post-judgment interest at the Nevada statutory rate (NRS 99.040); and
6. Any other relief the court deems just and proper.

Tenant may also file a consumer complaint with the Nevada Real Estate Division (for licensed property managers), the Nevada Attorney General's Bureau of Consumer Protection, and the Better Business Bureau.

VI. EVIDENCE PRESERVED

Tenant has preserved the following evidence and demands that you do the same:

☐ Signed lease agreement and all addenda
☐ Receipts/cancelled checks for all deposits paid
☐ Move-in condition inspection report (NRS 118A.200(3))
☐ Date-stamped move-in photographs/video
☐ Date-stamped move-out photographs/video
☐ Written notice to vacate and proof of delivery
☐ Written forwarding address notice
☐ Professional cleaning and repair receipts
☐ Correspondence with landlord/property manager
☐ Any itemization received from landlord (including late itemizations)
☐ Witness statements

VII. RESERVATION OF RIGHTS

Nothing in this letter waives any claim, defense, or remedy available to Tenant under Nevada or federal law, all of which are expressly reserved. This letter is a settlement communication and, where applicable, is protected from admission for improper purposes by NRS 48.105.

Please direct all further communication concerning this matter to the undersigned.

Sincerely,

[________________________________]
[________________________________] (Nevada Bar No. [____________])
[________________________________]
[________________________________]
Telephone: [____________]
Email: [________________________________]

Attorney for [________________________________]

NEVADA-SPECIFIC NOTES

• Three-month cap is unusually high. Many Western states cap deposits at one or two months' rent. Nevada's three-month ceiling under NRS 118A.242(1) means tenants on high-rent Las Vegas or Reno properties may have deposits of $6,000–$15,000 at stake, which dramatically increases the value of the NRS 118A.242(5) forfeiture remedy.
• No interest required. Unlike California (which requires interest in some cities), Connecticut, or New Jersey, Nevada landlords are not required to pay interest on security deposits and need not place them in a separate account — but they must still be held in trust under NRS 118A.244.
• Forfeiture, not capped multiplier. Nevada does not use a "double" or "triple damages" formula like Massachusetts or Arizona. Instead, NRS 118A.242(5) awards damages equal to the entire deposit if the landlord fails to itemize — effectively doubling the tenant's recovery.
• Clark County and Washoe County Justice Courts handle the overwhelming majority of Nevada security deposit disputes. Both have small claims divisions with simplified procedures and no attorney-representation requirement.
• Summary eviction cases heard under NRS 40.253 are separate from deposit claims; a tenant may pursue the deposit claim in a new action even after eviction.
• Move-in inventory is pivotal. Under NRS 118A.200(3), landlords must provide a signed itemized record of the premises' condition at move-in. Absence of this record significantly weakens landlord damage claims.
• Nevada has no general statutory "holdover" to late-payment of deposits beyond NRS 118A.242(5); there is no per-day penalty as in some other states.

SOURCES AND REFERENCES

• NRS 118A.242 — Security deposits; limits; return; itemization; damages. https://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec242
• NRS 118A.244 — Deposit held in trust for the tenant.
• NRS 118A.200(3) — Required inventory and condition of premises.
• NRS 118A.350 — Attorney fees in landlord-tenant actions.
• NRS 118A.460 — Inspection and condition report.
• NRS 40.253 — Summary eviction procedure.
• NRS 99.040 — Legal rate of interest for judgments.
• NRS 48.105 — Settlement communications.
• Nevada Judicial Branch, Small Claims and Justice Court resources: https://nvcourts.gov/
• Nevada Attorney General, Bureau of Consumer Protection: https://ag.nv.gov/

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Nevada attorney.