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 return of the security deposit balance and any additional sum supported by NRS 118A.242(6)-(7) because of the violations described below.

I. GOVERNING NEVADA LAW

A. NRS 118A.242 — The Controlling Statute

Nevada security deposits are governed by NRS 118A.240 and 118A.242, part of the Nevada Residential Landlord and Tenant Act. Those sections define covered deposits, limit their amount, require accounting and return, and provide a remedy for failure to return a remaining balance.

B. Nevada's Three-Month Deposit Cap

Under NRS 118A.242(1), the combined amount or value of a security deposit and surety bond, including last month's rent, may not exceed three (3) months' periodic rent. Under NRS 118A.240(1), a pet-related payment is a security deposit if it is to be used for unpaid rent, tenant-caused damage beyond normal wear, or cleaning. Count covered payments together when checking the cap.

Monthly rent: $[____________]
Statutory maximum for a monthly tenancy (3 × periodic rent): $[____________]
Covered deposit, surety-bond value, and last month's rent demanded or received: $[____________]
☐ 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, no later than thirty (30) days after the tenancy terminates, to provide:

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 statute measures the deadline from termination of the tenancy. The landlord may hand the accounting and balance to the tenant at the place where rent is paid, or mail them to the tenant's present address or, if unknown, last known address.

D. Permitted and Prohibited Deductions

Under NRS 118A.242(4), 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 premises.

The landlord must explain any deduction in the itemized accounting; ordinary wear and tear is excluded from repair deductions.

E. NRS 118A.242(6)-(7) — Damages for Failure to Return the Deposit

If the landlord fails or refuses to return the remainder of the security deposit within 30 days after the tenancy ends, NRS 118A.242(6) makes the landlord liable for an amount equal to the entire deposit plus a court-determined sum of up to the deposit amount. Under subsection (7), the court considers good faith, the parties' course of conduct, and harm to the tenant when setting the additional sum. Account for any amount already returned when stating the net demand.

The additional sum is discretionary; a late itemization alone does not establish an automatic double-deposit award under subsection (5), which addresses disputes sent to a surety.

F. Change of Landlord — NRS 118A.244

If the landlord's interest in the dwelling ended during this tenancy, NRS 118A.244 governs notice to the tenant and transfer of the remaining deposit or its return. The successor has the former landlord's rights, obligations, and liabilities for any deposit owed at the transfer.

G. Signed Condition Record in Written Lease — NRS 118A.200(3)(k)

NRS 118A.200(3)(k) requires a written rental agreement to contain a signed record of the inventory and condition of the premises under the tenant's exclusive custody and control. Compare that record and any photographs with claimed damage deductions.

☐ The written rental agreement contains a signed condition record
☐ The written rental agreement lacks a signed condition record

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), (6)). More than 30 days have elapsed since termination of the tenancy, and the deposit balance remains unpaid.

☐ Failure to Itemize (NRS 118A.242(4)). No written itemized accounting of claimed deductions was delivered within 30 days after termination of the tenancy.

☐ Excessive Covered Deposit (NRS 118A.240(1), 118A.242(1)). Covered deposits, surety-bond value, and last month's rent together exceed three months' periodic rent.

☐ Improper Deductions. The charges you claim are not reasonably necessary for the purposes listed in NRS 118A.242(4), including:
☐ Normal wear and tear
☐ Cleaning costs not reasonably necessary to clean the premises
☐ Repainting based solely on normal wear, not tenant-caused damage
☐ Pre-existing conditions documented on the move-in inventory
☐ Replacement costs exceeding the reasonable cost to repair tenant-caused damage
☐ Other: [________________________________]

☐ Missing Condition Record (NRS 118A.200(3)(k)). The written rental agreement did not contain a signed record of the premises' inventory and condition.

☐ 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:

• A court of competent jurisdiction in the county or township where the premises are located, as described in NRS 118A.070. Confirm that court's claim limit and filing requirements before filing.

Tenant will seek:

1. The full security deposit under NRS 118A.242(4);
2. Any additional sum the court sets under NRS 118A.242(6)(b) and (7);
3. Other relief supported by a separately identified claim;
4. Costs or fees if a separate authority permits them;
5. Any other relief the court deems just and proper.

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
☐ Signed inventory and condition record from the written rental agreement (NRS 118A.200(3)(k))
☐ 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. If the parties engage in compromise negotiations over this disputed claim, NRS 48.105 limits the use of that evidence to prove liability or the amount of the claim, while allowing use for another purpose described in that section.

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

Sincerely,

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

Attorney for [________________________________]

NEVADA-SPECIFIC NOTES

• Deposit limit. NRS 118A.242(1) includes a surety bond and last month's rent when applying the three-month ceiling; NRS 118A.240(1) defines covered deposit payments by their purpose.
• Damages for nonreturn. NRS 118A.242(6)-(7) supplies the deposit amount plus a discretionary additional sum of no more than the deposit amount when the landlord fails or refuses to return the balance within 30 days after termination.
• Court selection. NRS 118A.070 identifies a district court, Justice Court, or other competent court in the county or township where the premises are located.
• Condition record. A written rental agreement must contain the signed inventory and condition record described in NRS 118A.200(3)(k).

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 — Notice or transfer of a deposit when the landlord's interest in the dwelling ends.
• NRS 118A.200(3)(k) — Signed condition record in a written rental agreement.
• NRS 118A.240 — Covered security-deposit payments.
• NRS 118A.070 — Courts in the premises' county or township.
• NRS 48.105 — Settlement communications.

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