Published 2026-09-27 · 10 min read

Nevada Security Deposit Law 2026: Limits, Deadlines & Deductions

Quick answers
  • Can I charge a non-refundable pet deposit? No. Subsection (8) voids any provision characterizing a deposit as non-refundable, with one exception: an agreement providing a nonrefundable cleaning charge in a reasonable amount. A pet deposit is security under…
  • Can the tenant skip the last month's rent and tell me to keep the deposit? NRS 118A.242 gives the tenant no right to apply the deposit to rent during the tenancy — claims against the deposit arise on termination under subsection (4), and rent remains due under the agreement until then. And…
  • Do I have to do a move-in checklist? In substance, yes — through the rental agreement. NRS 118A.200(3) requires a written agreement to contain a signed record of inventory and condition (paragraph (k)) and provisions on the deposits and refund…

Nevada's residential security deposit law is NRS 118A.242, in chapter 118A (Landlord and Tenant: Dwellings). It allows one of the highest caps in the country — 3 months' periodic rent, counting last month's rent and any surety bond in the same total — but gives you only 30 days after the tenancy terminates to deliver an itemized accounting and return the balance. Miss it and subsection (6) makes you liable for damages equal to the entire deposit, plus a court-fixed sum of up to another entire deposit — up to double the deposit.

The short version: Collect no more than three months' periodic rent in total security — deposit, surety bond, or a combination, including last month's rent (NRS 118A.242(1)). A tenant may buy a surety bond in place of part of the deposit only with your consent; you may not force one (subsections (2)–(3)). At termination, claim only amounts reasonably necessary for rent defaults, damage beyond normal wear, and reasonable cleaning, and hand or mail the itemized accounting and balance within 30 days (subsection (4)). Nothing may be labeled non-refundable except a reasonable cleaning charge agreed in the lease; waivers of the tenant's rights are void (subsection (8)).

What the earlier version of this page got wrong, and what it missed: One claim was materially wrong and has been removed. The old page said a tenant who withholds last month's rent on the theory that the deposit covers it is presumed to act in bad faith and is liable for triple the rent withheld plus attorney's fees. No such rule appears in NRS 118A.242 or anywhere in the current residential chapter 118A text. That language comes from Assembly Bill 379 of 2015, a commercial-premises proposal deleted by amendment before passage — it never became residential law. Also removed: an unsourced claim that a 1997 bill proposed 5% interest — the section contains no interest rule. Further corrections: the NRS 118A.200 duty is not a free-standing "complete move-in checklist" — it is a required-provisions rule for the written agreement, covering deposits and refund conditions in (3)(f) and a signed inventory-and-condition record in (3)(k); the subsection (5) dispute response goes to the surety, not the landlord; and whole provisions were omitted — surety-bond subsections (2)–(3), the NRS 118A.240 definition, NRS 118A.244 transfer duties, and the NRS 118A.250 receipt right.

Track Nevada's 30-day deadline before it tracks you: a miss exposes you to damages measured by the entire deposit, twice over. The Security Deposit Disposition & Deadline Tracker keeps your deposit register, deduction ledger, and deadlines in one formula-driven tracker ($14.95, one-time purchase).

The statute table

CitationWhat it says (one line)
NRS 118A.240(1)Definition: any payment, deposit, fee or charge for rent defaults, tenant damage beyond normal wear, or cleaning is a security deposit governed by NRS 118A.242 and 118A.244.
NRS 118A.240(2)Not a security deposit: a payment to secure an option to purchase, or a premium paid to a qualified surety corporation for a bond.
NRS 118A.242(1)Cap: a security deposit or surety bond, or a combination, including the last month's rent, may not exceed 3 months' periodic rent in total amount or value.
NRS 118A.242(2)With the landlord's consent, the tenant may buy a surety bond in lieu of all or part of the deposit, securing rent defaults, damage beyond normal wear, and cleaning.
NRS 118A.242(3)The landlord is not required to accept a surety bond, and may not require the tenant to purchase one.
NRS 118A.242(4)On termination by either party for any reason, claims are limited to amounts reasonably necessary for rent defaults, damage beyond normal wear, and reasonable cleaning; itemized written accounting plus the balance within 30 days, handed to the tenant at the place where rent is paid or mailed to the present address (last known address if unknown).
NRS 118A.242(5)A tenant who disputes an item may send a written response to the surety within 30 days after receiving the accounting; the surety then may not report the landlord's claim to a credit reporting agency unless it first obtains a judgment.
NRS 118A.242(6)Failure or refusal to return the remainder within 30 days after the end of the tenancy: damages (a) equal to the entire security deposit, plus (b) a sum fixed by the court of not more than the entire security deposit.
NRS 118A.242(7)In fixing the subsection (6)(b) sum the court considers the landlord's good faith, the course of conduct between the parties, and the degree of harm to the tenant.
NRS 118A.242(8)Except for an agreement providing a nonrefundable cleaning charge in a reasonable amount, no provision may characterize a deposit as nonrefundable or waive or modify the tenant's rights; any such provision is void.
NRS 118A.242(9)The tenant's claim to a security deposit takes precedence over the claim of any creditor of the landlord.
NRS 118A.200(3)(f), (k)The written agreement must contain provisions on the deposits and refund conditions, and a signed record of inventory and condition.
NRS 118A.244On transfer of the landlord's interest: notify the tenant in writing of the successor and transfer the remaining deposit, or return it; the successor steps into the former landlord's position and may not demand additional security during the term.
NRS 118A.250On request, a signed written receipt for the deposit or bond and other payments; the tenant may refuse rent payments until the requested receipt is tendered.

Limits: how much can you charge?

The cap is 3 months' periodic rent in total value — subsection (1) is explicit that the total includes the last month's rent and covers a deposit, a surety bond, or any combination. At $1,200 a month the ceiling is $3,600: if you also collect last month's rent ($1,200) up front, the deposit-and-bond side may take at most another $2,400. There is no extra pet allowance: under NRS 118A.240, any payment, deposit, fee or charge for rent defaults, tenant damage, or cleaning is a security deposit, whatever the lease calls it. The definition excludes only a payment to secure an option to purchase and the premium for a bond — the deposit the bond replaces still counts. Check your numbers with the Security Deposit Max Checker.

The 30-day deadline, precisely

Within 30 days after the termination of the tenancy, do two things together: provide an itemized, written accounting of the disposition of the deposit or bond, and return any remaining portion. Delivery is by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant's present address — or, if unknown, the last known address (subsection (4)). There is no extension for waiting on final invoices or a slow contractor. Find your exact cutoff with the Security Deposit Deadline Finder.

When the clock actually starts

Subsection (4) keys the main clock to termination of the tenancy — subsection (6) calls it "the end of a tenancy" — but a Nevada move-out runs several distinct clocks, each with its own trigger:

Log all three dates: termination, the date the accounting and balance were handed over or mailed, and the date the tenant received the accounting if a bond is involved.

A worked example

Rent is $1,200 a month. You hold a $1,800 deposit — one and a half months, inside the $3,600 ceiling. The tenancy terminates on Monday, March 2, 2026.

Deductions and the itemized list

On termination, you may claim only amounts reasonably necessary to remedy a rent default, repair tenant damage beyond normal wear, and pay reasonable cleaning costs (subsection (4)). That list is closed — any other charge does not belong on the accounting, however the lease labels it.

Use Security Deposit Deduction Letter Generator.

Move-out compliance checklist

1. At signing, total all security against the 3-month cap — deposit, bond value, pet deposit, and any last month's rent together (NRS 118A.242(1); definition in NRS 118A.240).

2. Put the deposit terms in the written agreement — deposits and refund conditions, plus the signed record of inventory and condition (NRS 118A.200(3)(f), (k)). Photograph the unit at move-in.

3. Give a signed receipt if the tenant asks — under NRS 118A.250 the tenant may refuse rent payments until a requested receipt is tendered. Offering one unasked costs nothing.

4. Log the termination date the day it happens — the 30-day clock runs from termination, not from the inspection, invoice, or forwarding address.

5. Inspect and price immediately, against the three permitted purposes only — rent defaults, tenant-caused damage beyond normal wear, reasonable cleaning.

6. Deliver the accounting and the balance by day 30 — handed to the tenant at the place where rent is paid, or mailed to the present address (last known address if unknown). Keep the mailing proof.

7. If you sell or transfer, do the NRS 118A.244 step in writing within a reasonable time — tell the tenant the successor's name, address and telephone number and that the remaining deposit was transferred, or return the remainder yourself. The successor may not require a second deposit during the term.

Interest and where the money sits

NRS 118A.242 requires no interest and imposes no separate account, escrow, or banking rule — the section is silent. Silent does not mean unprotected: subsection (9) gives the tenant's claim precedence over any creditor of the landlord, so deposit money is not a pool your creditors can reach ahead of the tenant. Keep clean records, and give the signed receipt NRS 118A.250 requires on request.

The penalty, spelled out

Subsection (6) is triggered by one failure: the landlord fails or refuses to return the remainder within 30 days after the end of the tenancy. Liability is measured by the entire deposit — not the remainder withheld:

Paragraph (b) is where conduct matters: under subsection (7) the court shall consider your good faith, the parties' course of conduct, and the harm to the tenant — it can set (b) from nothing to the full deposit. Subsections (6)–(7) contain no attorney's-fee term and no separate penalty for a late accounting — the named trigger is failure to return the remainder in time.

FAQ

Can I charge a non-refundable pet deposit?

No. Subsection (8) voids any provision characterizing a deposit as non-refundable, with one exception: an agreement providing a nonrefundable cleaning charge in a reasonable amount. A pet deposit is security under NRS 118A.240 — refundable, and counted toward the 3-month cap.

Can the tenant skip the last month's rent and tell me to keep the deposit?

NRS 118A.242 gives the tenant no right to apply the deposit to rent during the tenancy — claims against the deposit arise on termination under subsection (4), and rent remains due under the agreement until then. And the widely repeated claim that Nevada law presumes bad faith and awards triple the withheld rent here is not in the current residential statute — it traces to a deleted 2015 commercial-premises proposal. Do not rely on it, and do not quote it to a tenant.

Do I have to do a move-in checklist?

In substance, yes — through the rental agreement. NRS 118A.200(3) requires a written agreement to contain a signed record of inventory and condition (paragraph (k)) and provisions on the deposits and refund conditions (paragraph (f)). Treat that signed record as your move-in checklist.

Can I require the tenant to buy a surety bond instead of paying a deposit?

No — and you do not have to accept one either. Under subsections (2)–(3) a tenant may, with the landlord's consent, buy a surety bond in lieu of all or part of the deposit; the landlord is not required to accept one and may not require one. The bond's value counts toward the cap.

Do I owe interest, or have to hold the deposit in a separate account?

No. NRS 118A.242 contains no interest requirement and no separate-account rule. It does give the tenant's claim to the deposit precedence over your creditors' claims (subsection (9)).

What if the tenant disputes my itemized accounting?

If a surety bond is involved, the tenant may send a written dispute to the surety within 30 days after receiving the accounting; the surety then may not report your claim to a credit reporting agency unless it first obtains a judgment (subsection (5)). With no bond, subsection (5) does not apply — the dispute turns on the accounting and, if it comes to it, a court applying subsections (4) and (6).

I sold the property mid-tenancy. Who owes the refund, and what must I do?

Under NRS 118A.244, when your interest terminates you must, within a reasonable time, either notify the tenant in writing of your successor's name, address and telephone number and that you transferred the remaining deposit, or return the remainder yourself — either step relieves you of further liability. The successor steps into your position, must accept the deposit or bond, and may not require additional security during the term.

How big is the penalty if I miss the 30-day deadline, exactly?

Damages equal to the entire deposit under (6)(a), plus a court-fixed sum of up to another entire deposit under (6)(b) — up to twice the full deposit, even if the balance you failed to return was smaller. On a $1,800 deposit, up to $3,600; the (b) portion turns on good faith, course of conduct, and harm under subsection (7).

Read the statute yourself

Everything here traces to NRS 118A.242 and its neighbors. If anything is disputed, the primary sources control:

The deposit is only one piece of Nevada compliance. Our full Nevada landlord-tenant law guide covers the rest of the relationship — rent, fees, and increases, the rental agreement rules, required disclosures, habitability under NRS 118A.290, and the entry rules.

More security deposit guides

Last verified: October 15, 2026. This is general information, not legal advice. Verify with a licensed Nevada attorney before acting.

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