Nevada security deposit law: the 30-day rule, the 3-month combined cap, and damages with no bad-faith test
Last reviewed: · get-book.com
Nevada gives a landlord 30 days after the tenancy terminates to refund the deposit. No bad-faith proof is required: once the 30 days pass without a refund, the statute itself makes the landlord liable for damages — starting at the amount of the entire deposit, with a court able to add more.
The rule
The deposit must be refunded no later than 30 days after the termination of the tenancy. Nev. Rev. Stat. § 118A.242.
The refund may be delivered in person at the place where rent is paid, or mailed to the tenant’s current or last known address. Nev. Rev. Stat. § 118A.242(4).
The cap — and what counts toward it
The cap is 3 months’ periodic rent — and it counts the security deposit, any surety bond, and prepaid last month’s rent together. Nev. Rev. Stat. § 118A.242(1).
A lease may not make the deposit nonrefundable; the only exception is a reasonable fee for cleaning. Nev. Rev. Stat. § 118A.242(8).
The penalty
If the landlord does not refund within 30 days, the landlord is liable to the tenant for damages in an amount equal to the entire security deposit, plus a further sum fixed by the court of not more than the entire deposit — up to twice the deposit in total. Nev. Rev. Stat. § 118A.242(6).
In fixing the additional sum, the court considers whether the landlord acted in good faith, the parties’ course of dealing, and the extent of the harm to the tenant. Nev. Rev. Stat. § 118A.242(7).
Note the trigger: the statute applies once the 30 days pass — it is not limited to landlords who act in bad faith.
Where a claim goes
Deposit claims go to Justice Court small claims (limit: less than $10,000); hearings generally take place 30 to 60 days after filing.
Filing fees are tiered under NRS 4.060 plus county add-ons and vary by court and amount claimed — for example, Las Vegas Justice Court charges $66 to $196; other courts start lower (Eureka County: $46 to $176). Service fees are separate.
One important limit: in small claims actions, no attorney’s fees can be awarded to either side (NRS 73.040), and § 118A.242 itself contains no attorney-fee provision.
Common questions
- How long does a Nevada landlord have to return a deposit?
- No later than 30 days after the termination of the tenancy. Nev. Rev. Stat. § 118A.242.
- What happens if a Nevada landlord misses the 30 days?
- The landlord becomes liable for damages in an amount equal to the entire security deposit, plus a further sum fixed by the court of not more than the entire deposit — up to twice the deposit in total. No bad-faith proof is required. Nev. Rev. Stat. § 118A.242(6).
- How much can a Nevada landlord charge for a deposit?
- Three months’ periodic rent, counting the security deposit, any surety bond and prepaid last month’s rent together (Nev. Rev. Stat. § 118A.242(1)). The deposit must be refundable; a reasonable cleaning fee is the only exception (§ 118A.242(8)).
- Can attorney’s fees be recovered in a Nevada small claims case?
- No. NRS 73.040 bars attorney’s fees for either party in small claims actions, and § 118A.242 itself has no attorney-fee provision. Court costs are separate and can be included in a judgment (NRS 73.030).
- Is this legal advice?
- No. This page is general information about Nevada law, with sources. It is not tailored to your situation and we are not a law firm.
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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.