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My daughter paid a $3000 deposit on her rental in Spanish Trails,

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a community in Las Vegas...
My daughter paid a $3000 deposit on her rental in Spanish Trails, a community in Las Vegas, Nevada. They calculated the amount she would pay in full as per the lease agreement and she has done that. April 2012 is her last month there and after taking her $1600 from the $3000 they will owe her $1400. They are NOW saying they miscalculated the amount (total) she was responsible for and that the $3000 was simply a deposit however not one she was refunded! HELP!
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 9 minutes by:
3/8/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,224
Experience: Lawyer; developer/owner of RE developments.
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Good morning. Can you be a little more specific as to their position that they miscalculated? Was she trying to use part of her deposit to pay the last month's rent?

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Customer reply replied 6 years ago
They renegotiated her rent and gave her a stated amount that she would pay the during that time, which she did pay in full as of her maech rent. Her last month in the unit is April as per the lease, and she has a "deposit" with them for $3000. I read and checked everything and the deposit is only a "deposit" shouldn't that be used for her last month or shouldn't it be fully refunded? She paid a $300 cleaning deposit AND they also told her that the amount she would pay in full that I mentioned above, they had MISCALCULATED ?!
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

Good morning. First, they are not allowed to change her rent because they "miscalculated." They would surely not allow her to change the rent in the event she did the same and would reference the agreement; they are similarly bound. Second, unless the lease agreement specifically so provides, she is not entitled to apply the deposit toward the last month's rent because a deposit is to protect the landlord from both unpaid rent plus damages. If the deposit is applied, it reduces the landlord's protection. Three, if she has caused no damages and has not defaulted, she is entitled to a full refund upon leaving and if they do not return it all voluntarily, she should sue them in small claims court.

 

 

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Customer reply replied 6 years ago
I don't accept this answer. THEY she and the landlord renegotiated her rent. They stated the amount of money she would pay in total and she has done that as of Mar 1 rental payment. She has met the monetary obligation as stated on the rental addendum and NOW they are saying it was a TYPO.
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

It is your right to accept or not accept. You have no obligation. Take care.

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Customer reply replied 6 years ago
Could you review what I just wrote so you can give me an answer that is reasonable...I don't believe you understood what I wrote.
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
I will opt out so that another expert can hopefully address your concerns to your satisfaction.
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Lawyer: socrateaser, Attorney replied 6 years ago
socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,164
Experience: Retired
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Hello,

Different expert here. Please permit me to assist.

If the landlord and tenant renegotiate the lease payment in writing, and the tenant pays according to the renegotiation, this is what is known in law as a "bilateral executory accord," which is a substitute payment agreement to satisfy an existing debt.

Assuming that the landlord claims a miscalculation, this is determined by the court under the doctrine of unilateral mistake. The rule is that where a party makes a material error in understanding of a contract, then the party can rescind/cancel the contract, but only if the other party either knew or reasonably should have known of the mistake.

The issue here is whether or not your daughter knew or should have known that the new payment schedule and amount was unreasonable, and she merely "jumped" on the landlord's error -- or, whether the error was minor in amount, or the agreement for the new rent was reasonable for the market, even if not as much as the landlord could have charged had it held out for a higher rent payment.

Assuming that your daughter can convince the court that the landlord's error is not your daughter's attempt to "pull a fast one," but is rather the landlord's game playing, then she can demand the remainder of her deposit, and if the landlord refuses, then your daughter can sue in small claims court to recover the amount that the landlord withholds.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


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