SECURITY DEPOSIT DEMAND LETTER
STATE OF NEVADA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Nevada law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. NEVADA LEGAL FRAMEWORK
A. Governing Law
Security deposits in Nevada are governed by NRS Section 118A.242.
B. Security Deposit Limits
Under NRS Section 118A.242(1), a landlord may not demand or receive a security deposit in excess of three months' rent. If you collected a deposit exceeding this amount, you have violated Nevada law.
C. Return Deadline
Pursuant to NRS Section 118A.242(2), a landlord must return the security deposit within thirty (30) days after:
1. Termination of the tenancy; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Itemization Requirements
Under NRS Section 118A.242(2), the landlord must provide:
- An itemized written accounting of the disposition of the deposit
- The reasons for each deduction
- The itemization must be mailed to the tenant's last known address within 30 days
E. Permissible Deductions
Under NRS Section 118A.242(2), a landlord may retain from the security deposit only amounts necessary to:
- Pay rent owed
- Repair damages beyond normal wear and tear
- Other charges authorized in the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Conditions existing prior to tenant's occupancy
- Conditions resulting from landlord's failure to maintain premises
- Routine cleaning and repainting between tenancies
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Nevada law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under NRS Section 118A.242(2).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized accounting of deductions within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding three months' rent in violation of NRS Section 118A.242(1).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Nevada law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under NRS Section 118A.242(5), if a landlord fails to provide the written accounting within 30 days:
- The landlord forfeits the right to withhold any portion of the deposit
- The tenant may recover the full security deposit
- The tenant may recover actual damages
Under NRS Section 118A.350, attorney's fees may be recoverable by the prevailing party.
C. Attorney's Fees and Costs
Under NRS Section 118A.350, our Client may be entitled to recover reasonable attorney's fees and costs incurred in pursuing this claim.
D. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Nevada Small Claims Court (for claims up to $10,000) or Justice Court/District Court for return of the deposit, damages, attorney's fees, and costs.
-
Seek Full Deposit: If you failed to provide a written accounting, demand the court award the full deposit amount pursuant to NRS Section 118A.242(5).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to NRS Section 118A.350.
-
Report Violations: Report your conduct to:
- Nevada Attorney General - Consumer Protection Bureau
- Nevada Real Estate Division
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[NEVADA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
NEVADA SECURITY DEPOSIT QUICK REFERENCE
| Element | Nevada Requirement |
|---|---|
| Governing Statute | NRS Section 118A.242 |
| Deposit Limit | 3 months' rent |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipt Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Full deposit (forfeiture) |
| Attorney's Fees | Yes - NRS Section 118A.350 |
| Small Claims Limit | $10,000 |
NEVADA-SPECIFIC PRACTICE NOTES
[ ] 30-Day Deadline: Nevada requires return of the deposit with itemization within 30 days.
[ ] Forfeiture Penalty: Failure to provide a written accounting within 30 days results in forfeiture of ALL rights to withhold any deposit.
[ ] Three-Month Limit: Nevada allows up to three months' rent as a security deposit, higher than many states.
[ ] Small Claims Court: Nevada's small claims limit is $10,000, one of the higher limits in the nation.
[ ] Las Vegas/Clark County: Las Vegas and Clark County may have additional local requirements. Check local ordinances.
[ ] Reno/Washoe County: Reno and Washoe County may have different court procedures. Verify local rules.
[ ] Move-Out Inspection: Request a move-out inspection and be present if possible.
[ ] Forwarding Address: Tenant should provide forwarding address in writing.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Nevada attorney before use.