If I do not receive my deposit in a reasonable amount of time am I entitled to damages?
Full Question:
I recently moved out of a condo that I was renting. I was told by the property managers that I would get my deposit check back within 30 days. It has been a month and a half and I have not seen anything. I contacted the managment company and they state that it was sent out 3 week ago. I believe that they are not telling the truth about sending the check and I can get no answer on when I will recieve it. I was told by a friend that Nevada state law states that I am entitled to 3 times my rent if they do not have valid reason for returning my deposit in 30 days, is this true and if so what are my options.
05/10/2007 |
Category: Landlord Ten... ยป Security Dep... |
State: Nevada |
#4426
Answer:
Ther applicable Nevada statutes are as follows:
Security" defined:
1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is "security" and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.
2. "Security" does not include any payment, deposit or fee to secure an option to purchase the premises. NRS 118A.240
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)
Security: Limitation on amount or value; duties and liability of landlord; damages; prohibited provisions:
1. The landlord may not demand or receive security, including the last month's rent, whose total amount or value exceeds 3 months' periodic rent.
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. NRS 118A.242
The landlord shall deliver to the tenant upon his request a signed written receipt for security and any other payments, deposits or fees, including rent, paid by the tenant and received by the landlord. The tenant may refuse to make rent payments until the landlord tenders the requested receipt. NRS 118A.250
Failure of landlord to comply with rental agreement or maintain dwelling unit in habitable condition:
1. Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement or fails to maintain the dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section. If the breach is remediable and the landlord adequately remedies the breach or uses his best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach. If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
2. The tenant may not terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his household or other person on the premises with his consent.
3. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under this chapter.
4. A tenant may not proceed under this section unless he has given notice as required by subsection 1, except that the tenant may, without giving that notice, recover damages under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that he had knowledge of the condition constituting the breach; or
(b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes. NRS 118A.350
(Added to NRS by 1977, 1338; A 1985, 1415)
