QUESTION

I live in Nevada and I gave my landlady two weeks notice when I moved. I was not in a lease but month to month. I left property that isn''t wanted in

Asked on Jun 05th, 2012 on Landlord and Tenant Law - Nevada
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the rental. She said I have to clean it out to the curb. However she already said I will not get my security deosit of $950.00 back becasue I didn''t give her a month notice. I thought since I was month to month the lease / contract no longer applied. I don''t have the manpower to remove the items in the house. What can she legally do / charge me?
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1 ANSWER

R. Christopher Reade
In the State of Nevada, a term of a lease and manner in which it renews at the end of a lease period is generally determined by the lease itself.  You indicate that you did not have a written lease but were "month to month."  Later you state that you did not believe that the contract applied.  Determining whether there was a written contractual lease agreement, and the provisions of the same, will most likely determine the answer to your question regarding the amount of notice which was required. NRS 118A.210 provides "Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month."  Usually the amount of notice which you are required to give prior to vacating is defined in the Lease Agreement and (on a month-to-month lease) is a full month. You have inquired about your security deposit.  Once again, disposition and application of a security deposit is usually defined in the Lease Agreement.  NRS 118.242 provides the appropriate disposition of a security deposit upon the end of a tenancy, at which time the landlord may claim from the security deposit such amounts as are reasonably necessary to remedy (a) any default in the payment of rent; (b) any damages to the premises caused by the tenant other than normal wear and (c) to pay the reasonable costs of cleaning the premises. The landlord is required to provide the tenant with an itemized written accounting of the disposition of the security deposit 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.  The Tenant has a right to dispute the accounting by sending a written response within 30 days after receiving the itemized written accounting.   If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages as provided in the statute.
Answered on Jun 06th, 2012 at 5:24 PM

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