QUESTION
Can a Landlord require a Tenant to tender rent again after Tenant timely tendered it once and the Landlord chose to return it to the Tenant?
Asked on Sep 17th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
My landlord attempted to illegally evict me. I stood my ground and exerted my rights as a tenant. It made them angry and they have been extremely harassing. Regardless, I provided proper notice and will be out of the rental at the end of September and I timely tendered my rent for September. They returned it to me. Now that they have been advised by the Court that the proper way to perform a no-cause eviction at the end of a lease term is with 30-day notice, they are angry because they gave me the rent check back. Today their attorney sent me an email demanding the rent check back. The email included no threat of eviction due to non-payment of rent because to do that they would have to lie in court and say I did not pay. Additionally, I paid a deposit, which is the same amount as my rent. I am certain they will not return it to me unless I take them to court.
1 ANSWER
R. Christopher Reade
Yes, the Landlord is contractually entitled to rent for the period during which you occupied the premises in accordance with the Lease Agreement. While certain persons would toy with estoppel or waiver arguments, you are legally liable for the final month's rent.
Security deposits are handled differently pursuant to a 30 Day Accounting process pursuant to NRS 118A.242. Nonetheless some tenants make the strategic decision to not pay the final month's rent and to force the Landlord to apply the security deposit to rents and basically to be unsecured for Tenant damage to the premises.
Answered on Sep 17th, 2013 at 3:06 PM