You’re doing the final walkthrough after your tenant moved out, and your heart sinks. The carpet has large stains that weren’t there before. There are holes in the bathroom wall where they mounted a heavy mirror. The kitchen cabinets have scratches and gouges. The whole place smells like pet urine, even though pets weren’t allowed.
Your tenant is already texting about getting their $1,800 security deposit back “as soon as possible.” They claim everything they’re seeing is “normal wear and tear” and threaten to “take legal action” if you don’t return the full amount within 30 days.
So what can you actually keep? What counts as damage versus normal wear? And what happens if the repair costs exceed the security deposit amount?
The answers aren’t as simple as you might think, and getting them wrong can cost you thousands in legal fees and penalties.
NOT LEGAL ADVICE: This information is for educational purposes only and should not be considered legal advice. Nevada security deposit laws have specific requirements and penalties. For specific legal questions, consult with a Nevada-licensed attorney.
Normal Wear vs. Damage: The $1,800 Question
Nevada law draws a clear legal line between “normal wear” and tenant damage, and understanding this distinction determines whether you keep that security deposit or hand it back.
Nevada Revised Statute 118A.110 defines normal wear as “deterioration which occurs without negligence, carelessness or abuse of the premises, equipment or chattels by the tenant, a member of the tenant’s household or other person on the premises with the tenant’s consent.”
But what does that actually mean when you’re standing in a damaged unit?
Normal Wear and Tear (You Pay):
- Paint fading or minor scuffs from picture hanging
- Carpet wear in high-traffic areas from normal walking
- Minor scratches on hardwood floors from furniture
- Worn cabinet hardware from regular opening and closing
- Small nail holes from hanging pictures or decorations
- Caulking shrinkage around tubs and windows
- Light switch/outlet discoloration from regular use
Tenant Damage (They Pay):
- Large holes in the walls from mounting heavy items
- Carpet stains from spills, pets, or smoking
- Burns or cuts in the flooring from dropped items or furniture dragging
- Broken fixtures from misuse or excessive force
- Excessive dirt or grime requiring professional cleaning
- Unauthorized paint or wallpaper installation
- Missing or broken hardware beyond normal wear
The Gray Zone (Documentation Decides):
- Excessive scuff marks – could be normal or careless
- Cabinet door alignment – wear vs. rough handling
- Window screen tears – weather vs. force
- Excessive cleaning needs – lifestyle vs. negligence
Real case: A Las Vegas landlord kept $800 for carpet replacement, claiming “excessive wear.” The tenant sued and won because the carpet was 8 years old and photos showed only normal traffic patterns. The court ruled that carpet typically lasts 5-7 years with normal use.
What Damage Actually Costs (Reality Check)
Most landlords seriously underestimate repair costs, which leads to disputes when the security deposit doesn’t cover everything:
Common Damage Costs (Las Vegas 2025):
Carpet replacement: $3-8 per sq ft ($900-2,400 for average bedroom)
Interior painting: $1.50-3.50 per sq ft ($400-900 per room)
Hardwood refinishing: $3-8 per sq ft ($1,200-3,200 for living room)
Drywall repair: $150-400 per hole (depending on size)
Cabinet refinishing: $150-300 per door
Professional deep cleaning: $200-600 per unit
Pet odor removal: $500-2,000 (depending on severity)
Appliance replacement: $300-1,500 per unit
The math problem: If the monthly rent is $1,500, the maximum security deposit is $4,500. Nevada caps all refundable deposits at three months’ periodic rent in total (NRS 118A.242(1)). But carpet + paint + cleaning for a badly damaged unit can easily exceed $6,000.
Nevada’s 30-Day Rule (Miss This, Lose Everything)
Here’s where landlords get into serious trouble: Nevada Revised Statute 118A.242 gives you exactly 30 days after the tenant moves out to either return the deposit or provide an itemized accounting of deductions. Nevada requires this accounting within 30 days (NRS 118A.242(3)); miss it and the court can award the tenant up to twice the deposit (NRS 118A.242(4)).
Miss that deadline by even one day, and you could be liable for double the deposit amount.
What You Must Provide:
- Itemized written accounting of all deductions
- Specific reasons for each charge
- Receipts or estimates for repair work
- Return of remaining deposit (if any)
How to Deliver It:
- Hand delivery at the place where rent was paid, OR
- Mailing to tenant’s current address, OR
- Mailing to last known address if current address unknown
Special timeline: If the tenant terminates early with proper 30-day notice, the landlord has only 14 days to account (NRS 118A.242(2)).
Critical timeline: The 30 days starts when the tenant actually vacates, not when the lease term ends. If they leave early or stay late, the clock changes accordingly.
The Evidence Game: Documentation That Wins
Security deposit disputes often come down to who has better documentation. Here’s what actually matters in court:
Move-In Documentation:
- Detailed written inventory signed by both parties
- Photographs of every room, all angles
- Date-stamped images with metadata
- Existing damage notes however minor
Move-Out Documentation:
- Comparison photos from same angles as move-in
- Close-up damage photos with measurements
- Professional estimates for repair work
- Receipts for completed repairs
The Documentation Standard:
Nevada courts expect reasonable evidence, not a CSI-level investigation. But “I think it was damaged when they moved out” won’t win against a tenant with their own photos.
Pro tip: Many successful landlords use a property management app that automatically date-stamps and GPS-tags all photos, creating tamper-proof evidence.
When Damage Exceeds the Security Deposit
Here’s the scenario every landlord dreads: repairs cost $6,000, but you only collected a $1,800 security deposit. What are your options?
Legal Collection Options:
- Keep the entire deposit and document why
- Send a demand letter for additional amounts owed
- Small claims court (for amounts under $10,000)
- Civil court (for larger amounts)
- Collection agency or attorney assistance
Practical Considerations:
- Cost of legal action vs. amount recoverable
- Tenant’s financial situation and collectibility
- Time investment required for court proceedings
- Reputation impact of aggressive collection
Reality check: Many landlords discover that pursuing tenants for damages beyond the security deposit costs more in time and legal fees than they’re likely to recover.
The “Excessive Cleaning” Debate
One of the most common disputes involves cleaning charges. Nevada law allows deductions for cleaning “beyond normal cleaning,” but what does that mean?
Normal Cleaning (Tenant’s Responsibility):
- Sweeping and mopping floors
- Wiping down surfaces and appliances
- Removing personal belongings and trash
- Basic bathroom and kitchen cleaning
Excessive Cleaning (Deposit Deductible):
- Professional carpet cleaning for stains or odors
- Oven/refrigerator deep cleaning beyond normal use
- Wall washing for excessive dirt or marks
- Window cleaning for built-up grime
- Appliance defrosting and sanitizing
The standard: If you’d need to hire professionals to get the unit “rent-ready,” those costs are typically deductible.
Pet Damage: The Expensive Exception
Pet damage creates some of the most expensive and contentious security deposit disputes:
Typical Pet Damages:
- Carpet odor penetrating pad and subfloor
- Scratch marks on doors, walls, and floors
- Chewed furniture or fixtures
- Yard damage from digging or waste
Cost Reality:
Pet odor removal can require replacing carpet, pad, and treating subflooring – easily $3,000-5,000 for a badly affected unit.
Prevention note: This is why many landlords require separate pet deposits or higher security deposits when pets are involved.
Military Tenants: Special Protections
Active duty military tenants have additional protections under the Servicemembers Civil Relief Act (SCRA) that affect security deposit disputes:
SCRA Protections Include:
- Early lease termination rights for deployments
- Court proceeding delays if actively deployed
- Reduced liability for certain lease violations
- Interest rate caps on pre-service debts
Important: Military status doesn’t eliminate responsibility for actual damage, but it can affect collection procedures and timelines.
The Insurance Factor
What many landlords don’t realize: security deposit disputes can trigger insurance considerations:
When to Involve Insurance:
- Malicious damage beyond normal tenant disputes
- Water damage from tenant negligence
- Fire damage from tenant actions
- Liability claims arising from the property condition
Insurance Complications:
- Deductibles may exceed security deposit amounts
- Coverage exclusions for certain types of damage
- Claims history impact on future premiums
Professional property management often includes better insurance options and expertise in determining when to file claims versus handling costs directly.
Small Claims Court: The Last Resort
When negotiation fails and amounts are under $10,000, small claims court becomes the battlefield for security deposit disputes.
What Matters in Court:
- Documentation quality (photos, receipts, estimates)
- Lease agreement terms and their enforcement
- Comparative evidence (move-in vs. move-out condition)
- Professional testimony from contractors or cleaning services
Common Landlord Mistakes:
- Inadequate move-in documentation
- Charging for normal wear and tear
- Missing the 30-day deadline
- Insufficient repair estimates or receipts
Court Costs to Consider:
- Filing fees: $71-206 depending on claim amount
- Service costs: $26-75 for serving defendant
- Time investment: Multiple court appearances possible
- Attorney fees: Generally not recoverable in small claims
Prevention: The Best Security Deposit Strategy
The best security deposit dispute is the one that never happens:
Strong Move-In Process:
- Comprehensive inspection with detailed documentation
- Professional photos from multiple angles
- Written acknowledgment of existing conditions
- Clear explanation of security deposit terms
Regular Inspections:
- Annual inspections to catch damage early
- Maintenance request follow-ups to assess tenant care
- Communication about property standards and expectations
Clear Lease Terms:
- Specific examples of normal wear vs. damage
- Cleaning standards and expectations
- Professional cleaning requirements if applicable
- Pet policies and additional deposit requirements
How IRES Protects Your Security Deposits
Professional property management changes the entire security deposit dynamic:
Comprehensive Documentation: We use professional inspection software that creates detailed, legally-admissible records of property condition at move-in and move-out.
Vendor Relationships: Our network of contractors provides competitive, accurate estimates for repairs that hold up in court disputes.
Legal Compliance: We ensure all notices and accountings meet Nevada’s strict deadlines and requirements, eliminating technical violations that can cost you the entire deposit.
Dispute Resolution: Professional mediation that often resolves conflicts without legal action, saving time and legal costs.
Collection Expertise: When additional amounts are owed beyond the security deposit, we have systems and relationships to pursue collection effectively.
Insurance Coordination: We help determine when damage should be handled through insurance versus direct payment, maximizing your financial protection.
Most importantly, tenants take property care more seriously when they know professional inspections and documentation are standard practice.
Market Reality: Tenant Quality and Security Deposits
Here’s something most landlords learn the hard way: the quality of your tenants directly impacts security deposit outcomes.
High-quality tenants typically:
- Leave properties in excellent condition
- Address small issues before they become damage
- Communicate about problems early
- Accept reasonable deductions without dispute
Problem tenants often:
- Cause excessive damage through neglect or misuse
- Dispute any deductions regardless of validity
- Threaten legal action over normal charges
- Leave properties requiring extensive restoration
Professional tenant screening that goes beyond credit checks to include rental history, landlord references, and property care patterns can prevent most security deposit disputes entirely.
The Bottom Line
Yes, you can keep security deposits for tenant damage – but only if you can prove actual damage beyond normal wear, document it properly, and follow Nevada’s strict procedures and deadlines.
The real challenge isn’t knowing what you can charge for; it’s having the systems, documentation, and expertise to enforce those rights when disputes arise.
Most successful property investors eventually realize that security deposit management requires professional-level documentation, legal knowledge, and dispute resolution skills that are difficult to maintain while managing other aspects of their business.
At IRES, we handle hundreds of security deposit situations every year. Our team knows the documentation standards that hold up in court, has relationships with contractors who provide reliable estimates, and can resolve disputes professionally while protecting your financial interests.
Ready to protect your security deposits with professional documentation and management? Contact IRES today for a free consultation on how our systems can eliminate security deposit disputes and maximize your property protection.
For complex legal situations involving large damage claims or disputed deductions, we work with experienced Nevada attorneys who specialize in landlord-tenant law and collection procedures.