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  1. #1
    Join Date
    Oct 2009
    Posts
    3

    Default Security Deposit After Lease Was Broken

    My question involves a security deposit in the State of: Nevada.

    I broke my lease with my Landlord because i lost my job.
    I gave him 30 day's written notice and was in constant communication with him. I kept his home impecable and he was very understanding of our financial situation. I never paid my rent late, and even my last mont i paid him the full amount. The house was re-rented before i moved out. I followed his instructions and shampoo the carpets and did everything for the new tenant to move in. I left the last day of August, and the house was rented September 1st. He recived a security deposit from the new tenant.
    Am i entitled my security deposit and cleaning fee back? there is no penalty in my lease regarding this, yet he wants to keep everything, but only refund me 100 dollars of my cleaning fee (cleaning fee was 300) he claims the porch is dirty and cost 200 to clean but intends to keep my 2000 security deposit, plus 200 cleaning fee, total back 100 bucks =(

    Any advice is appreciated.
    Thank you

  2. #2
    Join Date
    Oct 2009
    Posts
    3

    Unhappy Re: Security Deposit After Lease Was Broken

    My question involves a security deposit in the State of: Nevada.

    I broke my lease about 7 months early with my Landlord because I lost my job and couldn’t afford the high rent, but was able to cover the rent until he found a new tenant, so he didn’t loose any rent what so ever. He said I should move out towards the end of August and make it my last rent payment, since he had new tenants moving September 1st.
    Since I paid August rent in full, he wanted me to move out a few day’s before the end of the month, and I agreed to keep things amicable.
    The property is now rented; there was no lapse in the rental of the property, also; I left the premises in perfect condition which he agreed too except for one issue.
    My ex-landlord now claims the porch is dirty and will need cleaning, at a cost of 200 dollars, which I agreed to pay. The issue here is that my contract has a Security Deposit of 2000 and a refundable (Yes refundable) cleaning fee of 300.
    He claims that he will only refund 100 dollars total, because I broke my lease, I lost my Security deposit, and the porch cleaning fee will be 200, so my refund is 100.00.
    My question is:
    Am I entitled to my security deposit? I did break the lease but, he never suffered any damages, or lost rent, also Nevada law states with Section 242 of the Nevada Statute that: Landlords are required to refund the Security Deposit within 30 day’s after termination of the rental for any reason, also does having a new contract with another tenant, makes my contract void? Can he do this? I mean he did agree to find another tenant and found it, and re-rented the property, and collected a security deposit from them. He didn’t suffer any damages, so why does he think he is entitled to the Deposit?
    Am I right or wrong?

    All opinions and advice is much appreciated.
    Thank you

  3. #3
    Join Date
    Oct 2009
    Posts
    3

    Smile Re: Security Deposit After Lease Was Broken

    Ok. this may help some one and is for future reference,however; feel free to comment;
    Nevada NRS 118A.242 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,[/B] 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.

    Even if the Lease Agreement has a clause stating that Security deposits are forfeited when the Lessee terminates the Agreement prior to the expiration date, this cant be enforceable because this clause or provision violates the statute making such provision void or unenforceable.

    Toughts are welcome!

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