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I paid a first, last rent payment, plus pet security

Customer Question
I paid a first...

I paid a first, last rent payment, plus pet security deposit, to a tenant who did not have a right to do so. The day I went to move in, he received a 5 day notice, to move out. I decided it was a bad idea to move in and he refuses to give me the money back. Is that theft?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Nevada.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

He has no right of sublet, has done so multiple times. No issue of upkeep, they just warned him not to sublet or he would be kicked out immediately

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He did give me a key that I still have, I have a hand written contract and he knows full well and has acknowledged that he owes me the money, but will not return phone calls

Submitted: 7 months ago.Category: Landlord-Tenant
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Customer reply replied 7 months ago
A copy of the deposit contract
Answered in 6 minutes by:
12/2/2017
Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,825
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Are you saying you were to sublet the premises and the tenant from whom you were to sublet was evicted?

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Customer reply replied 7 months ago
He is tenant was subletting a room to me, without landlords permission, while he was still living in the apartment. He received the 5 days notice, went to court. Was informed he would not be kicked out unless he continued to sublet. I asked for my money back at that point in time, he keeps telling me as soon as he gets paid, which he has and still refuses to pay me back. Now will not return calls
Lawyer: Loren, Lawyer replied 7 months ago

Thank you for the additional information.

If the tenant refuses to refund your mone then you need to sue him and obtain a judgment. Since the claim does not exceed $10,000, you can sue him in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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