QUESTION
My previous landlord is trying to withhold my security deposit. he states that our rent was late at least 24 time in the 91 months we lived there.
Asked on Mar 16th, 2012 on Landlord and Tenant Law - Nevada
More details to this question:
We were late on some occasions but always contacted them in advance sometimes up to 2 months, and we were never advised that there would be accrued late fees. He is stating that they paid over $3000 dollars in fees to the lender and he is holding our deposit for that. Not once during our 7 1/2 years there did they mention these fees or ask that we pay them. It has been 10 days since we moved and we have not gotten an itemized list of other damages or cleaning from him so I can only assume he is basing the withholding on just these fees. Any response would be greatly appreciated.
1 ANSWER
R. Christopher Reade
A landlord has an obligation under NRS 118A.242 to provide the tenant with an itemized written accounting of the security deposit and return any remaining portion of the security deposit, to the tenant no later than 30 days after the termination of the tenancy. Tenant then has 30 days thereafter to send a written response disputing any of the items in the accounting. Obviously Landlord will have to document any legitimate late fees and that you were timely notified. You will be able to assert a litany of defenses including waiver by Landlord due to his failure to account therefor.
Answered on Apr 14th, 2012 at 5:47 PM