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Nevada · Small Claims Prep · Security Deposits

Nevada Small Claims Court: Sue Your Landlord for a Withheld Deposit

Nevada gives landlords 30 days to return your deposit or face automatic liability, no bad faith required. File in Nevada Justice Court for up to $10,000, plus 1% monthly interest and attorney's fees.

30 days
Legal return window
$10K
Small claims court cap
6 days
Average time from letter to payment
85%
Of demand letters paid before court action

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Written by
Suna Gol
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Anderson Hill
Legally reviewed by
Jonathan Alfonso
Last updated

Day 31 and still no deposit

Nevada's deposit law is unusually direct. Under Nev. Rev. Stat. § 118A.210, your landlord had 30 days from the date you vacated to either return your deposit or hand you an itemized written statement explaining what was withheld and why. That's not a courtesy window. It's a hard statutory deadline.

Here's what makes Nevada different from most states: you don't have to prove your landlord acted in bad faith. The 30-day deadline itself is the standard. If it passed without a full return or a compliant itemized statement, Nev. Rev. Stat. § 118A.240 makes your landlord liable for the full deposit amount, interest at 1% per month compounded daily, and attorney's fees if you prevail in court. The statute doesn't ask why they were late. It just says they were.

If you already sent a demand letter and the deadline came and went, Nevada Justice Court is the straightforward next step. This page walks through the filing process for Clark County and the state's other justice court jurisdictions.

What Nevada's deposit statutes actually say

Three sections of Nevada Revised Statutes Chapter 118A govern security deposits in residential tenancies. Read together, they give tenants one of the clearest enforcement paths in the western United States.

Nev. Rev. Stat. § 118A.200 sets the deposit cap at one month's rent. A landlord cannot collect more than that for a residential security deposit, and any excess is recoverable. The landlord must hold the deposit in a trust or escrow account; it cannot be commingled with operating funds.

Nev. Rev. Stat. § 118A.210 controls the return timeline and itemization requirements. Within 30 days of you surrendering possession, the landlord must either return the full deposit or deliver a written itemized statement describing the specific damage, the repairs or cleaning performed, and the dollar amount withheld for each item. A vague statement listing "repairs" with no dollar breakdown does not satisfy the statute.

Nev. Rev. Stat. § 118A.240 is the enforcement mechanism. A landlord who misses the 30-day window faces strict liability. The tenant is entitled to the full deposit amount regardless of whether any deductions were actually valid, plus interest accruing at 1% per month from the date the deposit should have been returned, plus reasonable attorney's fees if the case goes to litigation. Courts don't require proof of intentional bad conduct. Late is late.

That last point matters. In states like Colorado, tenants must show the landlord acted in bad faith before penalties attach. In Nevada, the deadline does the work. If your landlord was one day late with no statement, the statute says they owe you.

How long you have to file

Nevada's general statute of limitations for contract and statutory claims is six years (Nev. Rev. Stat. § 11.190), but don't treat that as runway. Interest compounds at 1% per month, which means your claim's value grows over time, but delay also lets a disorganized landlord claim they lost records or can't locate invoices. The stronger your case looks in month two is not always the same as in month 36.

The practical rule: send the demand letter within a few weeks of move-out, give the landlord 14 days to respond, and file in Justice Court if they don't. If you're already past the 30-day mark with no response and no returned funds, file now. Do not wait another month hoping they'll come around. The interest meter is running, and the court calendar adds weeks on top of that.

Calculator

What you may be owed

Estimate only. Uses your state's return window and bad-faith multiplier. Not legal advice.

What to bring to your Justice Court hearing

Nevada Justice Court hearings move fast. Most calendars schedule small claims matters in 15 to 20 minute blocks, and the judge will ask direct questions. Your evidence has to carry the case. Bring three organized copies of everything below, one for yourself, one for the judge, and one for the landlord.

The lease. The full signed agreement, including any addenda. It establishes the deposit amount, the move-out terms, and any cleaning or restoration conditions the landlord might try to invoke.

Proof of deposit payment. A bank statement, cancelled check, or written receipt showing the exact amount you paid. If the landlord is trying to claim a different figure, you need the documentary proof.

Move-in and move-out condition records. Timestamped photos or video from both dates are your most powerful evidence. A move-in checklist signed by the landlord or property manager is even better. Courts regularly side with tenants who show clear before-and-after documentation and against landlords who can only produce a handwritten list of alleged damage with no photos.

Your demand letter and proof of delivery. Bring the letter you sent, the USPS Certified Mail tracking number, and the delivery confirmation printout. If your letter was sent through Sue.com, that documentation is in your account. If the landlord replied, bring their response. If they didn't reply, the absence of any response is itself relevant.

The landlord's itemized statement (or its absence). If they sent one late or one that fails the statutory description requirement, bring it and be ready to explain why it doesn't comply with § 118A.210. If they sent nothing, say so clearly. The statute doesn't require you to prove their intent. You only have to prove they didn't comply.

Repair cost comparisons. If the landlord is claiming deductions for damage you dispute, a written estimate from a licensed Nevada contractor for the same work is powerful evidence. Landlords frequently inflate cleaning and repair charges. An estimate showing the actual market rate creates a concrete comparison.

Filing in Nevada Justice Court

Nevada's small claims process runs through the Justice Court system, not the district courts. The specific courthouse depends on which county the rental is in. In Clark County (Las Vegas), that's the Clark County Justice Court. In Washoe County (Reno), it's the Reno Justice Court or one of the township courts. Every county in Nevada has at least one justice court, and you file in the court covering the location of the rental property, not where you currently live.

The filing form is a Complaint for Small Claims. In most Nevada justice courts, the form is available at the clerk's window or on the court's website. You'll fill in the parties' names and addresses, the basis of the claim (statutory: Nev. Rev. Stat. § 118A.210 and § 118A.240), and the dollar amount you're seeking. Include the principal deposit amount, the calculated interest through the filing date at 1% per month, and a note that you're also requesting attorney's fees under § 118A.240 if you have retained counsel or intend to claim pro se costs.

Filing fees in Nevada Justice Court for small claims typically run between $50 and $100 depending on the county and the claim amount. Confirm the current fee with the clerk before you go; they do change occasionally.

After you file, the court will set a hearing date, usually 20 to 45 days out. The landlord must be served with the complaint and the hearing notice before the hearing date. Service requirements vary slightly by county, but personal service by a process server or the county sheriff is the most reliable approach. Do not attempt to serve the landlord yourself.

What the hearing looks like in practice

Nevada Justice Court small claims hearings are informal by design. You don't need to know courtroom procedure, but you do need to be organized and direct. Show up early, check in with the clerk, and wait for your case to be called.

You speak first as the plaintiff. Lead with the statute: your landlord had 30 days under Nev. Rev. Stat. § 118A.210, the deadline passed, and under § 118A.240 that triggers automatic liability. Then walk through the numbers: deposit amount, days since move-out, interest calculation, total claim. Hand the judge your evidence folder in the order that matches your narrative.

The landlord will respond. Common arguments include claiming the statement was timely (bring your delivery records to rebut this), claiming the deductions were valid (bring your move-in photos and contractor estimates), or claiming the unit was left in poor condition (your dated photos do the work here). Stay calm and let the documents answer.

Judges who hear small claims regularly in Nevada are familiar with § 118A. They've seen landlords try to introduce late itemizations and argue the tenant caused damage that was there at move-in. A clean evidence folder and a clear statutory argument land well.

The judge may rule from the bench or take the matter under submission. If submitted, a written ruling typically arrives within a few weeks by mail. If you win, the judgment includes the deposit, accrued interest, and costs. Attorney's fees under § 118A.240 require that you either retained counsel or can document your litigation costs; the judge has discretion on the fee award amount.

If you haven't sent a demand letter yet

Going straight to court without a prior written demand isn't illegal in Nevada, but it's a missed opportunity. Most landlords who receive a properly drafted demand letter citing § 118A.210 and the automatic-liability rule of § 118A.240 respond before a court date is ever set. Roughly 85% of demand letters result in payment before court action. If you want to send a Nevada security deposit demand letter first before filing, that path is shorter and cheaper than a court filing, and it frequently works.

If you did send the letter and it didn't resolve the dispute, the filing instructions above are your path forward.

Collecting after you win

A judgment in your favor is a court order that the landlord owes you money. It is not a check. If the landlord pays promptly, the case is closed. If they don't, Nevada gives you several collection tools.

An Abstract of Judgment, recorded in the county where the landlord owns property, creates a lien on any Nevada real estate they hold. That lien has to be satisfied before they can sell or refinance. For landlords who own the rental unit outright, this is often sufficient motivation to pay quickly.

A Writ of Execution authorizes the county sheriff to levy the landlord's bank accounts or seize non-exempt personal property up to the judgment amount. You'll file the writ with the clerk, pay a small fee, and instruct the sheriff's office on where to collect.

Wage garnishment is available if the landlord is also an employee somewhere. For accidental landlords who rent out a single property while working a regular job, this is a real option.

Nevada judgments accrue post-judgment interest at the prime rate plus 2%, compounded annually, under Nev. Rev. Stat. § 17.130. The interest meter keeps running until the landlord pays. Most do, once they see collection paperwork in motion.

Sources & further reading

Primary sources

We draft from authoritative statutes and state-court self-help guidance. Every article on Sue.com links to the primary source so you can verify the citation yourself.

Frequently asked questions

Does Nevada require me to prove my landlord acted in bad faith?
No. That's what makes Nevada's statute unusual. Under Nev. Rev. Stat. § 118A.240, missing the 30-day deadline itself is enough to trigger full liability. You don't need to show the landlord was dishonest, intentional, or malicious. Late is the standard.
How is the 1% monthly interest calculated?
Interest accrues at 1% per month, compounded daily, on the full deposit amount from the date it should have been returned. On a $2,000 deposit, that's $20 per month at simple rate, but daily compounding means it grows slightly faster over longer disputes. If your case stretches four months from move-out to judgment, your interest component on a $2,000 deposit is roughly $80 to $85. Not enormous on its own, but it adds up and it's real money you're entitled to.
Can I recover attorney's fees even if I represent myself?
The statute awards attorney's fees to a prevailing tenant. For self-represented plaintiffs, courts vary on whether they award anything beyond documented costs like filing and service fees. If you retain an attorney (which makes economic sense when the deposit is above $2,000 to $3,000), that fee is recoverable under the statute.
What if my landlord sent an itemized statement but it's vague or wrong?
A compliant itemized statement under § 118A.210 must describe the specific damage, the work performed, and the dollar amount for each item. A statement that just says "repairs: $400" without identifying what was repaired doesn't satisfy the statute. You can argue to the court that the statement was noncompliant, which puts the landlord in the same position as if they sent nothing.
Where do I file if I've already moved out of Nevada?
You file where the rental property is located, not where you now live. If the rental was in Clark County, you file at the Clark County Justice Court, even if you're now in another state. You can often handle the initial filing by mail or through the court's online system depending on the county; call the clerk's office to confirm the procedure.
What's the maximum I can claim in Nevada Justice Court?
Nevada Justice Court hears small claims up to $10,000. That limit covers principal, interest, and costs in the vast majority of Nevada deposit disputes. If your total claim exceeds $10,000 (uncommon given the one-month deposit cap), you'd need to file in district court, which involves more procedural complexity.
What if the landlord doesn't show up to the hearing?
If the landlord was properly served and fails to appear, the judge typically enters a default judgment in your favor. Proper service documentation is critical. If there's any question about whether service was completed correctly, the hearing may be postponed rather than defaulted. Use a licensed process server or the county sheriff and file the proof of service with the court before the hearing date.

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