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Security deposit

How much can a landlord charge for a security deposit? Money held against damage and unpaid rent, capped by state law and returnable on a deadline.

A security deposit is the tenant's money held by the landlord during the tenancy against unpaid rent, damage beyond normal wear, and cleaning to the condition the unit started in. It is not rent, it is not the last month, and it does not become the landlord's until there is something to deduct it for.

State law sets both the ceiling and the clock, and the two are the numbers worth knowing where you live. Nevada caps the deposit at three months' rent, requires it back within 30 days of the tenancy ending, and requires an itemized written statement of anything withheld. Many states are stricter on the cap and shorter on the clock.

The thing that decides a deposit dispute is almost always evidence from move-in day. Photographs of every room with a date, and a signed condition checklist, cost an hour and settle the argument a year later. Normal wear, carpet ageing, sun-faded paint and small nail holes are the landlord's cost of doing business; holes in a wall and a missing appliance are not.

A worked example

A $1,850 unit in Nevada may take up to three months' rent as a deposit, though one month is normal. At move-out the landlord has 30 days to return it with an itemized statement of anything kept, and the tenant's dated move-in photographs are what decide the argument about the carpet.

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Questions people ask

How long does a landlord have to return a security deposit?

It is set by state law and commonly between 14 and 45 days after the tenancy ends. Nevada allows 30 days, and requires a written itemization of any amount withheld.

Can a landlord keep the deposit for normal wear and tear?

No. Faded paint, worn carpet in traffic paths and small nail holes are the landlord's cost. Damage beyond that, unpaid rent, and cleaning beyond the condition at move-in are what a deposit is for.

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