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My landlord says I owe more than what my deposit covers Nevada

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  • My landlord says I owe more than what my deposit covers Nevada

    I moved out, the landlord kept deposit, which I expected cause there was some legitimate damage. But he is saying that I owe $1100 more than my deposit. He gave me an itemized list of charges but no explanation or receipts. The biggest red flag is $810 for general cleaning. No explanation how they came up with the charge. What can I do, its already in collections and on my credit. I have asked for receipts, but the credit people just keep sending me the itemized list.

  • #2
    4.  Upon termination of the tenancy by either party for any reason, the landlord may claim of the security or surety bond, or a combination thereof, 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. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security or surety bond, or a combination thereof, and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.
    5.  If a tenant disputes an item contained in an itemized written accounting received from a landlord pursuant to subsection 4, the tenant may send a written response disputing the item to the surety. If the tenant sends the written response within 30 days after receiving the itemized written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.

    This is from Nevada state laws. I want to know how they got the $810 charge for general cleaning. Thats like someone getting paid $20 bucks an hour spending a full work week on it, and they also charged me an additional $150 to haul trash. There was no furniture left, but even if it were 10 bags of trash it still seems excessive and not reasonable.

    Comment


    • #3
      Did you Did the landlord sue to obtain a judgement against you? If so, your opportunity to have disputed the amount was in court.
      I am not able to respond to private messages. Thanks!

      Comment


      • #4
        If you weren't sued & there is no judgment against you, you do not have to pay unless they do sue you in court, win & obtain a judgment against you.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          They sent it to collections, now its on my credit...

          Comment


          • #6
            If it's in collections, the Fair Debt Collections Practices Act applies:

            http://www.consumer.ftc.gov/articles...ebt-collection
            I am not able to respond to private messages. Thanks!

            Comment


            • #7
              I don't know much you can do about that unless possibly you pay it. You could dispute it with the credit reporting agencies but they most likely will be told it is money you owe the LL. I don't know if you want to spend the money for a lawyer to see what the lawyer might be able to tell you/do for you. You might be able to get a short consultation for free.

              Someone else might have a suggestion.

              (If there is no current judgment (they are trying to collect the money w/o a judgment) & they take you to court to get a judgment & YOU win, the credit agcys. should remove it if requested by you.)
              Last edited by Betty3; 03-19-2015, 08:37 AM.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                TheSiege, there's a lot you're not telling us that really does make or break the case. Of course...we're not lawyers. So there is nothing we can do but give our opinions. However, we still need more info than what you've given.
                1. Was there ever a legal action taken by the landlord? Yes or no?
                2. What time frame are we looking at this happened in?

                I'll cut to the chase- if there is a previous legal action, there is nothing I can foresee that can be done. I hate to say it, but if you waited too long to ask for help, you may very have screwed yourself. But it's not the end of the world.
                About the receipts and proof of work, you have the right to ask for that, but that's bef0re any legal action is taken. If they did take you to court you had your chance then. If they did take you to court and you lost it is very possible there is nothing you can do.
                I will say, however, the time frame IS everything if there was a legal action. You might have a chance to appeal.

                Get us the info on point 1 & 2 and I'll see what there is. I'll try to be back online tonight.
                I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                I also may not have been either sane or sober when I wrote it down.
                Don't worry, be happy.

                http://www.rcfp.org/taping/index.html is a good resource!

                Comment


                • #9
                  1. Was there ever a legal action taken by the landlord? Yes or no? No
                  2. What time frame are we looking at this happened in? I moved out in August 2012, I was never contacted until I applied for a car loan this past december and saw it on my credit, at that point, I contacted them

                  If there is any law that says they HAVE to provide receipts, could you please reference it. All I can see is it saying that they can charge me for reasonable costs for repair and cleaning.

                  Comment


                  • #10
                    The law that you've quoted above states, "the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant." So, are you sure that you were not sued? Did the landlord have your address to serve you? Could you have lost a suit because you weren't properly served because they couldn't find you?

                    I can't find a law that says they must provide receipts; it's cited as a best practice.
                    I am not able to respond to private messages. Thanks!

                    Comment


                    • #11
                      Originally posted by Marketeer View Post
                      The law that you've quoted above states, "the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant." So, are you sure that you were not sued? Did the landlord have your address to serve you? Could you have lost a suit because you weren't properly served because they couldn't find you?

                      I can't find a law that says they must provide receipts; it's cited as a best practice.
                      That only applies if I dispute it, I never even knew there were additional charges until after they submitted it to the collection agency.

                      Comment


                      • #12
                        Contact the county court clerk in the county the apartment is in and ask for a list of court actions you have been involved in. You have that right.
                        If there was any action taken against you, it'll be listed. If there is an action listed that you have no knowledge of, you can contact the court clerk and notify them and ask for more information on that case. If there is no action listed between you and your former landlord you might have grounds to sue either the collection agency or the former landlord.

                        I myself have experienced this back in 1995. I didn't threaten to sue the landlord, but when I made my position abundantly clear, the landlord apologized.
                        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                        I also may not have been either sane or sober when I wrote it down.
                        Don't worry, be happy.

                        http://www.rcfp.org/taping/index.html is a good resource!

                        Comment


                        • #13
                          Originally posted by cactus jack View Post
                          Contact the county court clerk in the county the apartment is in and ask for a list of court actions you have been involved in. You have that right.
                          If there was any action taken against you, it'll be listed. If there is an action listed that you have no knowledge of, you can contact the court clerk and notify them and ask for more information on that case. If there is no action listed between you and your former landlord you might have grounds to sue either the collection agency or the former landlord.

                          I myself have experienced this back in 1995. I didn't threaten to sue the landlord, but when I made my position abundantly clear, the landlord apologized.
                          This is what happened as far as I can tell.
                          1. I moved out
                          2. They deceided they cleaning costs and repairs cost more than my deposit covered
                          3. They may have attempted to contact me, I don't know, I never received anything, I never left a forwarding address, but all my checks and application had my address as well as a few other peoples address they could have sent it to
                          4. 18 months later or so, I look into a getting a car loan and see its on my credit report as being in collections
                          5. I contact the collection agency and they send me a itemized list, but no receipts
                          6. They send the account from NV where I was living, to an agency in UT, where I live now.
                          7. I request the receipts, they send me the same itemized list
                          8. They offer to settle for $770 and wipe it completely off my credit report if I pay the $770 bucks
                          9. I right a letter to the credit agency disputing the charges and again asking for receipts, the other requests were over the phone

                          Thats where I am now.
                          Last edited by TheSiege; 03-20-2015, 07:43 AM.

                          Comment


                          • #14
                            Originally posted by TheSiege View Post
                            This is what happened as far as I can tell.
                            1. I moved out
                            2. They deceided they cleaning costs and repairs cost more than my deposit covered
                            3. They may have attempted to contact me, I don't know, I never received anything, I never left a forwarding address, but all my checks and application had my address as well as a few other peoples address they could have sent it to
                            4. 18 months later or so, I look into a getting a car loan and see its on my credit report as being in collections
                            5. I contact the collection agency and they send me a itemized list, but no receipts
                            6. They send the account from NV where I was living, to an agency in UT, where I live now.
                            7. I request the receipts, they send me the same itemized list
                            8. They offer to settle for $770 and wipe it completely off my credit report if I pay the $770 bucks
                            9. I right a letter to the credit agency disputing the charges and again asking for receipts, the other requests were over the phone

                            Thats where I am now.
                            Sounds like B-Collections. I've dealt with them before.

                            My suggestions stand. Your call if you do it or not. If the collection agency only provides a list and not any actual court docs, then the report from the court clerk helps. Then you have fuel to give to a lawyer if you decide not to sue them yourself. No promises that it'll work because there's a lot of details we don't have, and we're not lawyers, just volunteers giving opinions. Have you checked out the links provided in the Landlord Tenent section?
                            Here it is just in case- http://www.laborlawtalk.com/showthread.php?t=308447
                            I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                            Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                            I also may not have been either sane or sober when I wrote it down.
                            Don't worry, be happy.

                            http://www.rcfp.org/taping/index.html is a good resource!

                            Comment


                            • #15
                              TheSiege, get back to us on what happens. I certainly want to know what comes out of this, and it's possible there could be other avenues as well.
                              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                              I also may not have been either sane or sober when I wrote it down.
                              Don't worry, be happy.

                              http://www.rcfp.org/taping/index.html is a good resource!

                              Comment

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