Las Vegas, NVSmoke Damage

How a Las Vegas Renter Reduced Smoke Damage Charges to $450

Deposit

$1,500

Recovered

$1,050

Timeline

7 wks

Statute

NRS §118A.242

Illustrative Example

This story is based on typical security deposit disputes in Las Vegas. It illustrates common scenarios and outcomes under NRS §118A.242. It is not a real client case.

The Situation

This is an illustrative example based on typical security deposit disputes in Las Vegas. A renter smoked in a no-smoking unit and the landlord charged $1,200 for smoke remediation. The charge was inflated - the tenant had found actual ozone treatment receipts showing the service cost $450. Nevada Revised Statutes §118A.242 requires deductions to be based on actual costs. The tenant negotiated based on documented actual cost.

What Happened

Move-out Day

Acknowledge smoking and research remediation costs

The tenant acknowledged that they had smoked in the unit (a lease violation) but researched actual ozone treatment costs in Las Vegas. Multiple service providers quoted $350-$500 for a standard apartment. The tenant documented these quotes as evidence of market-rate remediation costs.

Week 3

Receive $1,200 smoke remediation charge

The itemization charged '$1,200 professional smoke remediation.' Nevada's NRS §118A.242 requires deductions to represent actual damages - an inflated charge exceeding actual cost is not a recoverable deduction.

Week 4

FOIA and research actual remediation invoice

Through a follow-up request, the tenant asked for the actual receipt for the remediation service. The landlord provided an invoice showing an ozone treatment service charged $450. The $750 gap between the receipt and the claimed deduction was the dispute.

Week 5

Dispute letter targeting the $750 overcharge

The tenant sent a certified dispute letter citing NRS §118A.242 and attaching the landlord's own $450 receipt. The letter accepted the $450 legitimate charge and demanded return of $1,050 ($1,500 deposit minus $450 actual cost). Charging $1,200 when the actual cost was $450 violated Nevada's actual-cost standard.

Week 7

Settled at $1,050 returned

The landlord returned $1,050, accepting the $450 deduction for actual remediation cost. The $750 overcharge was refunded. The tenant received $1,050 of their $1,500 deposit - a strong outcome given the legitimate smoking lease violation.

The Outcome

Even when a tenant has violated the lease by smoking, the damage charge must reflect actual remediation cost. The landlord's own receipt ($450) contradicted the $1,200 charge and made the $750 overcharge indefensible under Nevada's actual-cost standard. The tenant recovered $1,050 by accepting legitimate charges and disputing only the inflation.

Key Lesson

Always request the actual receipt for any claimed damage repair - the difference between the receipt amount and the claimed charge is the overcharge you can dispute and recover.

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