Mold at Move-Out and Security Deposits in Nevada

For tenants and landlords: what Nevada’s security deposit statute says, how mold disputes are usually argued, and how to document conditions so the facts are clear.

What Nevada’s statute says

Most residential deposits are governed by NRS Chapter 118A. The chapter doesn’t mention mold by name, so the general deposit rules apply to any claimed damage.

What a deposit can be used for (NRS 118A.240)

A security deposit is any payment, deposit, fee, or charge used for:

• “Remedying any default of the tenant in the payments of rent.”
• “Repairing damages to the premises other than normal wear caused by the tenant.”
• “Cleaning the dwelling unit.”

Limits and deadlines (NRS 118A.242)

• Maximum amount: The landlord “may not demand or receive a security deposit or a surety bond, or a combination thereof, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.”
• What may be kept: At the end of the tenancy, the landlord may claim “only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises.”
• Itemized accounting and 30-day deadline: The landlord “shall provide the tenant with an itemized, written accounting of the disposition of the security deposit … and return any remaining portion of the security deposit to the tenant no later than 30 days after the termination of the tenancy.” The statute says this is done by handing it to the tenant where rent is paid or mailing it to the tenant’s present or last known address.
• If the deposit isn’t returned: If the landlord “fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy,” the landlord is liable for damages “in an amount equal to the entire security deposit” and “for a sum to be fixed by the court of not more than the amount of the entire security deposit.” In setting the second amount, the court considers good faith, the parties’ course of conduct, and harm to the tenant.
• Nonrefundable clauses: Apart from “a nonrefundable charge for cleaning, in a reasonable amount,” a lease may not call a deposit nonrefundable or waive the tenant’s rights under this section. Such a provision “is void as contrary to public policy.”

Move-in condition record (NRS 118A.200)

Nevada requires a written rental agreement to include “a signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant.” That record is often the starting point in a dispute over whether damage existed before the tenancy. If there is no written agreement, the statute creates a disputable presumption that, “other than normal wear, the premises will be returned in the same condition as when the tenancy began.”

Related duties that come up in mold disputes

Under NRS 118A.290, the landlord must keep the unit habitable. The statute lists, among other things, effective waterproofing of the roof and exterior walls and plumbing “maintained in good working order.” Under NRS 118A.310, the tenant must keep the occupied premises “as clean and safe as the condition of the premises permit.” The tenant must also “use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities,” and must not “deliberately or negligently” damage the premises. For more on repair requests during a tenancy, see our renter’s guide and property manager’s guide.

How mold disputes are usually argued

Deductions are tied to damage “caused by the tenant other than normal wear,” so disputes often turn on what caused the moisture. The arguments below are common. Which one prevails depends on the facts, the lease, and ultimately a court.

Arguments a landlord may raise

• Bathroom exhaust fans weren’t used, or moisture from showers and cooking wasn’t managed, so mold grew on ceilings and walls.
• A leak was visible or obvious but never reported, so damage grew that prompt notice would have limited.
• An evaporative cooler was run without opening windows or vents, or wet items were stored against walls.
• The move-in record showed the area clean and undamaged.

Arguments a tenant may raise

• The moisture came from a building defect or plumbing failure the tenant couldn’t control, such as a roof leak, a supply line, a water heater, or an AC condensate line.
• The problem was reported in writing, and repairs were late or incomplete.
• The bathroom had no working exhaust fan, or the fan wasn’t vented to the outside.
• The stain or growth was already there at move-in, or it’s minor surface staining that falls within ordinary use and cleaning.

Documenting conditions: a checklist for both sides

1. Complete the move-in inventory carefully, noting staining, soft drywall, peeling paint, or odors in bathrooms, under sinks, and near the water heater, air handler, and windows. Both parties sign it.
2. Take dated photos and video at move-in and move-out. Use wide shots to show location, then close-ups. Open cabinets under sinks. Keep the original files, since they carry date information.
3. Put repair requests in writing and keep copies of the requests and responses. Record the dates when leaks started, when they were reported, and when they were fixed.
4. Keep repair invoices and receipts that support or challenge each line of the itemized accounting.
5. Do a joint move-out walk-through if possible, and note disagreements in writing.

When an independent inspection report may help

A written mold inspection report records conditions observed on a specific date, with photographs, moisture readings, and lab results when sampling is appropriate. That dated, third-party record can help either side describe conditions, such as whether materials near a supply line were wet.

A mold inspection doesn’t decide who is legally responsible. It is limited to mold and moisture, isn’t a home inspection, and can’t certify a unit as “mold-free.” EPA notes that no federal limits have been set for mold or mold spores, and the CDC says there are no set standards for an acceptable amount of mold in a home. For how findings are presented, see mold inspection reports explained and our sample report.

Hypothetical example: After move-out, a landlord finds staining behind the washer. An inspection records elevated drywall moisture and a loose supply-hose connection. The report doesn’t say whether the tenant should have noticed or reported the leak. That remains a question for the parties or a court.

Free and low-cost Nevada resources

• Civil Law Self-Help Center. Operated by the Legal Aid Center of Southern Nevada under a contract with Clark County, it offers security deposit information, court forms, and free “Ask-A-Lawyer” programs for landlords and tenants.
• Nevada Legal Services. A nonprofit that provides free civil legal help to eligible low-income Nevadans, including housing and landlord-tenant matters. It has an office in Las Vegas.
• NRS Chapter 118A is free to read on the Nevada Legislature’s website.

Sources

• NRS Chapter 118A, Landlord and Tenant: Dwellings (NRS 118A.200, .240, .242, .290, .310) — Nevada Legislature
• Security Deposits — Civil Law Self-Help Center (Legal Aid Center of Southern Nevada)
• Nevada Legal Services
• A Brief Guide to Mold, Moisture, and Your Home — U.S. EPA
• About Mold and Your Health — CDC