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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in Reno, NV and I moved to Reno April 2014, while my

Customer Question

I live in Reno, NV and I moved to Reno April 2014, while my (then) husband moved to Las Vegas.We were not living together in Reno, but we were not legally separated. We divorced in Jan 2016. Jason never signed the lease, but they listed his name on the lease since we were married. I have since moved out, and Select Prop Mgmt is telling me they are required to put the deposit refund check in both of our names. Jason never lived in the house and he never paid any rent. Can they do that and is that legal?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If husband never signed the lease, then he isn't a tenant, even if they put his name on the lease. So they are simply wrong here about having to issue the deposit check back to both of you. They only have to issue it to the tenants who actually signed the lease...meaning you only.

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So I would tell them that if they issue the check in both your names, since he was never a legal tenant, they will be in breach of the contract and may be past the legal due date for refunding the deposit which will result in you filing a small claims lawsuit against them and seeking a full refund plus the maximum in statutory damages... Tell them that they better talk to their attorney before issuing the check so he can let them know they are incorrect.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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