Nevada § 118B.060 - Deposits

§ 118B.060. Deposits

1. Any payment, deposit, fee or other charge which is required by the landlord in

addition to periodic rent, utility charges or service fees and is collected as prepaid

rent or a sum to compensate for any tenant default is a “ deposit ” governed by the provisions of this section. 2. The landlord shall maintain a separate record of the deposits. 3. Except as otherwise provided in subsection 4: (a) All deposits are refundable, and upon termination of the tenancy, or if the deposit

is collected as a sum to compensate for a tenant default, not more than 5 years after

the landlord receives the deposit, the landlord may claim from a deposit only such

amounts as are reasonably necessary to remedy tenant defaults in the payment of rent,

utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the

disposition of the deposit. (b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated. 4. Each deposit collected as a sum to compensate for a tenant default must be refunded

to the tenant not more than 5 years after the landlord receives the deposit or upon

the termination of the tenancy, whichever is earlier. The refund must include interest on the amount of the deposit at the rate required

by this subsection, compounded annually, for the entire period during which the deposit

was held by the landlord. For the purposes of this subsection, the rate of interest must be equal to the average

of the prevailing rates of interest for deposits, as determined by the Administrator. 5. Upon termination of the landlord's interest in the manufactured home park, the

landlord shall transfer to his or her successor in interest that portion of the deposit

remaining after making any deductions allowed pursuant to this section or refund that

portion to the tenant. 6. If the former landlord fails to transfer that portion of the deposit remaining

to the successor in interest or refund it to the tenant at the time the successor

in interest takes possession, the successor becomes jointly and severally liable with

the former landlord for refunding to the tenant that portion of the deposit to which

the tenant is entitled. 7. If the former landlord fails to transfer or refund the deposit, the tenant may

not be required to pay another deposit until the successor in interest refunds the

deposit to the tenant or provides the tenant with an itemized written accounting of

the statutorily authorized disposition of the deposit. 8. The claim of the tenant to any deposit to which the tenant is entitled by law takes

precedence over the claim of any creditor of the landlord. 9. The provisions of this section do not apply to a corporate cooperative park.