What is the legal process for terminating a month-to-month lease and receiving my deposit back?
Full Question:
Answer:
Generally, an unwritten rental agreement or an ‘at will’ agreement may require a brief period of notice of termination, and a written lease with a term of less than one year (or a month-to-month lease) requires a one month notice. According to Nevada law, the absence
of a written agreement raises a disputable presumption that maintenance and waste removal services are provided without charge to the tenant, no charges for partial or late payments of rent or for dishonored checks are paid by the tenant and other than normal wear, the premises will be returned in the same condition as when the tenancy began. Nevada Revised
Statutes (NRS) 118A.200
Upon termination of the tenancy by either party for any reason, the landlord may claim of the security (deposit) 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. 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. NRS 118A.242
A tenant’s basic obligations include complying with the terms of the
rental agreement; keeping that part of the premises which is occupied
and used as clean and safe as the condition of the premises permit and
disposing of all ashes, garbage, rubbish and other waste from the
dwelling unit in a clean and safe manner. NRS 118A.310 Except as
otherwise provided by statute, the landlord may recover damages and
obtain injunctive relief for failure of the tenant to comply with the
rental agreement or perform his basic obligations under this chapter.
NRS 118A.420