My question involves landlord-tenant law in the State of: NEVADA
Tenant moved out in Aug.30 of 2010 after signing the walk-through and agreeing to damages....he has now sent me a certified letter claiming the damages are not his fault and that he wants most of the monies back. The main charge he is disputing is for replacing a cracked butcher block counter top near the sink. He claims that there is no way he could have caused that crack and that is what my neglect because i didnt maintain the counters with oiling them every 6 months.
He lived there for 2 years and a few months and I did oil them down 2-3 times during his tenancy. The crack formed directly under a sponge holder which he kept on the counter. When i visited the home for a maintenance check i noticed water pooled on the counter (near sink), and i immediately noticed the sponge holder and the sponge that was hanging over slightly over the edge and very wet.
I went to take a closer look at that is when I noticed the crack. It was of a significant size and immediately noticeable. I pointed out the water to him as well as the CRACK & he just grabbed the wet sponge and ran it over the water, placing it back on the sponge holder. The water wasn't even cleaned off properly, I knew that I had to go home and address this in writing to him, and that's what i did.
There were a few issues in the house, like food SPLATTERED on the kitchen cabinet DOORS and extremely chipped away PIECES OF PAINT ON CABINET DOORS.
Either way, at end of lease we did walk through and he SIGNED OFF ON THE PAPERWORK.
Now the QUESTION is does he have any valid grounds to file a claim here in nevada ?
HIS DEFENSE IS: that the landlord (I) didnt take care of counters and that the potential moisture around the sink area could cause damage to the counters. (I did tell him when he moved in to never leave pooled water on counters)
MY DEFENSE IS : If it was moisture then why was the water pooled on the counter in that exact area where the crack was? Why didnt he inform me of the crack before I saw it?? If the counters crack due to not oiling them (which isnt true, THEY HAVE 25 YR WARRANTY) then why didnt the rest of the counters in kitchen crack???
TENANT waited 3 1/2 months to send me this letter saying he wants the monies back that i assessed him for the counter and the cabinet doors. A total of $450 or so. He has also just cashed the remaining deposit check that we sent BACK TO HIM.
Will this actually stand in court? or is this guy just out of his mind? Plain and simple the COUNTER was NOT cracked BEFORE HE MOVED IN, and before he left it was cracked.
PLEASE LET ME KNOW...thanks!