PDA

View Full Version : Deposit/End of lease-Nevada


Danz726
03-12-2006, 04:23 PM
Hello everyone, I have a question regarding tenant law for Nevada. We have a month to month lease in which we paid a full months rent as security deposit. We have decided to move and have given our landlord both a verbal and written notice 30 days prior of our intent to leave. Heres where it gets tricky. Our landlord never provided us with a written document/ reciept stating where our sec. deposit was being held, if held at all. And since we do not trust him being able to return this to us on move out we stated that we wanted our deposit to pay for our last month. Now he is trying to evict us for lack of paying rent, even though we are leaving in less than 30 days. Can he do this? Or what steps should we take? Thanks.

love it hate it
03-12-2006, 08:21 PM
Hello everyone, I have a question regarding tenant law for Nevada. We have a month to month lease in which we paid a full months rent as security deposit. We have decided to move and have given our landlord both a verbal and written notice 30 days prior of our intent to leave. Heres where it gets tricky. Our landlord never provided us with a written document/ reciept stating where our sec. deposit was being held, if held at all. And since we do not trust him being able to return this to us on move out we stated that we wanted our deposit to pay for our last month. Now he is trying to evict us for lack of paying rent, even though we are leaving in less than 30 days. Can he do this? Or what steps should we take? Thanks.

read your lease, unless agreed by your landlord you cannot use the security as last months rent or you will face what you are now, an eviction. by the time the hearing comes you may have already moved, depending on the court procedures in your state. if you had paid your last month the landlord would have 30 days to return your security minus any deductions for damages, if any. and if he didnt give you security or a letter stating what he's deducting in that 30 days then you can sue him in court. here is some more info:

What Is A Security Deposit, And Is It Mandatory? Generally, landlords have the right to protect themselves against tenant damage to the premises by asking for a security deposit. The security deposit is usually equal to one months rent and is paid to the landlord before the tenant moves in. If the tenant damages the property, or if the tenant fails to pay the rent, the landlord may keep all or a part of the deposit to pay for the damage or unpaid rent. Nevada law limits the amount that the landlord can demand as a security deposit (a security deposit may not exceed an amount equal to 3 months rent), requires that the landlord provide itemized accountings relating to the use of the deposit, and requires a refund of any unused deposit within 30 days after the tenancy ends. NRS 118A.242.

Can The Landlord Keep My Security Deposit If The Damage Already Existed? No, but before you move in, you should make a detailed list of all of the existing damage and give a copy of that list to the landlord. When you are ready to move out, inspect the apartment again and make a list of any damages. Submit the list to the landlord, and if there are no damages, the landlord should return your money. If there is a dispute, you have the right to sue for the return of your deposit.

Am I Entitled To Receipts For My Security Deposit And Rental Payments? Yes. Under Nevada law, the landlord must, upon request by the tenant, provide a signed receipt for a security deposit and other tenant payments, including rent. You may refuse to pay rent until the landlord provides the requested receipt. NRS 118A.250. NOTE: You should also request a receipt when you pay any money to your landlord.

elklaw
03-24-2006, 08:41 AM
Well the deposit is security for charges you leave and to repair damage you leave to the unit, so it is not last month's rent unless the lease says so or the parties mutually agree that it is. So reread your lease. If the lease does not say deposit is last month's rent, landlord can probably evict you.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements