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dkennedy
dkennedy, Lawyer (JD)
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Experience:  Juris Doctorate Degree
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Im moving out of state and my lease has pentaties

Resolved Question:

I'm moving out of state and my lease has pentaties ($3000) for breaking lease early. Do I have to pay?
My girlfriend and I just renewed our lease in June we broke up and I want to move back to Indiana from Nevada.
Submitted: 7 years ago.
Category: Legal
Expert:  dkennedy replied 7 years ago.

HelloCustomer

Is your ex-girlfriend staying on in the apartment?

Does the lease specify exactly what the penalties are for?

Customer: replied 7 years ago.
She wants to, but not sure she can afford it. She is staying in Reno with her job of 24years. There have $1000 fee for breaking plus they want to charge me $239/month i'v in the appartment due to the reduced monthly rent deal we got at signing.
Customer: replied 7 years ago.
Did I answer all your questions?
Expert:  dkennedy replied 7 years ago.

HelloCustomer

I have done a bit of research and cannot find that the Nevada law allows this fee that you describe. The landlord/tenant law in Nevada is controlled by state law. I have never really heard of this situation, but I know that in certain areas, customs develop like fees and extra monthly payments. That does not mean they are legal or mandatory. From my research, I would say I do not think this is legal. I am going to give you a link to the Nevada landlord/tenant laws about deposits and so on. Please read these over and see if you agree with me. I would also advise you to contact a realtor in your area and ask if this is normal/legal? They might be familiar with this. Good luck!

Nevada Security Deposit Law
See Also:
RS 118A.244 Notice or transfer of security to tenant and successor in interest required upon transfer of dwelling unit.

1. Upon termination of the landlord's interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within a reasonable time, do one of the following, which relieves him of further liability with respect to the security:

(a) Notify the Nevada tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to his successor in interest the portion of the security remaining after making any deductions allowed under NRS 118A.242.

(b) Return to the tenant the portion of the security remaining after making any deductions allowed under NRS 118A.242.

 

Section 242 of the NEvada statute requires the landlord to refund the security deposit within 30 days after termination of the rental for any reason. Landlord may claim of the security "only such amounts as are reasonably necessary to remedy any default of the tenant." If any part of the security is claimed "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."

Nevada law permits a non-refundable deposit only for cleaning, and the rental agreement must state the non-refundable amount is for cleaning. No other non-refundable purpose is permitted but many rental agreements state other items are "non-refundable", such as pet deposits or for "redecorating." If the Nevada landlord refuses to refund the security Nevada tenant may have to take landlord to small claims court.

Preventative Steps to Take to Ensure a Deposit Return
A tenant must meet all of the above conditions to ensure a refund of the deposit, but meeting those conditions is not all the tenant should do. The chances of receiving return of the deposit will be increased if the following suggestions are also followed:

Move-in Inventory Inspection. When you move in your home or apartment, make a list and take photos of the apartment and any damage. Typically, you should do a walk through with the owner or manager prior to moving in. Get them to sign an acknowledgement of the damage and note what (if anything) will be done. This will help you when you move out.

Move-Out Notice.
A lease may require that the tenant give the landlord 30 days written notice prior to move-out in order to get the security deposit back. Even if the lease does not require it, notify the landlord prior to moving.

Move-out Inventory Inspection. When the tenant prepares to move, the apartment or home should be cleaned and the landlord asked to appear for a move out inspection. The tenant should fill out another inventory form, similar to the move-in inventory. Ideally, you should have a copy of the original move in form - for both your use and the landlord.

Turn in the Keys. The keys should be turned in on the exact day the tenant vacates the premises. If the keys are turned in later, the landlord may be able to charge the tenant additional rent or other charges under the lease. A tenant's actual move out date is often considered to be when the keys are turned in.

What Can the Landlord Deduct from the Security Deposit?
A landlord cannot legally deduct for normal wear and tear. This refers to deterioration which occurs during regular, daily, intended use of the rental unit, for example nail holes in the walls from pictures or paintings.

Deductions from the Security Deposit
If the landlord makes any deductions from the deposit, a written, itemized accounting of how much is being charged for each item must be sent to the tenant. If the landlord fails to provide such an accounting within xx days after the tenant moves out, the landlord may forfeit the right to withhold any part of the deposit. Furthermore, the deductions taken from the deposit must be for actual damages suffered by the landlord.

How to Dispute Deposit Deductions
If a tenant receives a list of deductions, it is possible to dispute items on that list. The deductions should be addressed by the tenant in a letter sent to the landlord. The demand letter should include a response to each of the deductions, explaining which charges are being disputed and why. The tenant should keep a copy of the letter and send the original by certified mail, return receipt requested.

If the tenant receives a partial refund along with the list of deductions and wants to dispute some or all of the deductions, the tenant may want to refrain from cashing the check. If the tenant must cash the check then the tenant should tell the landlord in the letter that even though the check has been cashed, it does not mean the tenant agrees with the amount of the check.

Find more with the resources below:

If I have answered your question, please click on Accept so that I can get credit for my work. Thanks.
dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience: Juris Doctorate Degree
dkennedy and 9 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Someone had told me that if you are leaving a state they could not access you any extra charges for breaking the lease. Is this true?
Expert:  dkennedy replied 7 years ago.

HelloCustomer

I have not heard that, but it would be all but impossible to track you down in Indiana and try to take you to court over these things.

 

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