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asmith408
Feb 25, 2009, 06:13 AM
We gave our propery management office notice we were moving out of out apartment in Nevada the end of December, possibly the first week of January. We even paid a full month rent for January in case we did not get everything out. We vacated the apartment on January 9th. The apartment was clean and we had the carpet prfessionally cleaned. We dropped off the keys and one of the ladies in the office made a comment that we should get the January check back however it had already been deposited, so she said she would send it. I called to give a fowarding address and asked about the security deposit and was told they had 30 days to get it back to us. Well, 30 days is past and I have left several messages on their answering machine and also sent several emails and have not heard anything back. My husband called them and he was told the check was in the mail. That was 2 weeks ago. Is there a amount of time I should wait before pursuing this further to get the security and partial rent paid returned to me?

LisaB4657
Feb 25, 2009, 06:44 AM
In Nevada the landlord is allowed 30 days to return the deposit. File a lawsuit in small claims court.

Fr_Chuck
Feb 25, 2009, 06:52 AM
Tell them you will be by one such and such date and time for your check,
If it is not ready, file a law suit in small claims court,

ScottGem
Feb 25, 2009, 07:11 AM
Just to expand, here is the Nevada law:
NRS 118A.242 Security: Limitation on amount or value; duties and liability of landlord; damages; prohibited provisions.
2. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security 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 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 him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant's last known address.
3. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, he is liable to the tenant for damages:
(a) In an amount equal to the entire deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the entire deposit.
4. In determining the sum, if any, to be awarded under paragraph (b) of subsection 3, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord's conduct.
5. Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant's rights under this section. Any such provision is void as contrary to public policy.
6. The claim of a tenant to security to which he is entitled under this chapter takes precedence over the claim of any creditor of the landlord.

Since the 30 days have passed, the landlord is inviolation of this law. Therefore I would not wait, but I would immediately file suit.