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Our daughter and son-in-law were leasing a Home, but had to…

Hello! Our daughter and...
Hello! Our daughter and son-in-law were leasing a Home, but had to leave before the lease was up, because the family living two doors down were found out to be drug dealers and there was a drive- by shooting at the neighbors house with bullets literally nearly hitting our grandchildren playing in their driveway.
It was too unsafe.
The landlord found another tenant who moved in the very day our daughter moved out.
Now the landlord wants to keep their security deposit and the rent they paid for the entire month of January, even though they moved out on Jan. 10th, and the new tenants moved in on Jan 10th!
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Answered in 8 minutes by:
1/17/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,119
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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What state is this in?

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Were there any physical damages or cleaning costs to the property?

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Has the landlord sent any written itemized list of damages/deductions to the deposit?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
They live in The state of Nevada.
None that my daughter could see, and they took pictures and videos the day they left, but the landlord is claiming there is a lot of damage, even though the new tenant moved in the very same day our daughter moved out, and the new tenant stated that they were accepting the keys from our daughter and that there was no damage.
No, the landlord has not sent any list or receipts for deductions to the deposits, and even threatened them if they ask for their deposit and their prorated rent back that the landlord would sue them for more expenses then covered by their deposit.

Ok, if you have proof of condition and there are no damages, if the landlord doesn't sent you a written itemized list of damages within 30 days of you vacating, you can sue them in small claims court for a refund and damages.

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The law says:

6.  If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages:

(a) In an amount equal to the entire deposit; and

(b) For a sum to be fixed by the court of not more than the amount of the entire deposit.

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So if you disagree with any refund, you can sue them for up to 2X the deposit..

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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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Customer reply replied 1 month ago
Our daughter paid a full months rent on Jan 1; of this month. Can the landlord refuse to return the prorated rent, even though a new tenant began tenancy and also paid rent for the same time period——from Jan 10; 2018 (the day our daughter moved out) through the end of this month?

Can the landlord refuse to return the prorated rent, even though a new tenant began tenancy and also paid rent for the same time period——from Jan 10; 2018 (the day our daughter moved out) through the end of this month?

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No, the landlord can not "double dip" under the law and collect rent from two tenants for the same period of time. So if the rent was paid for JAn, the landlord would owe her a prorated refund from the time the new tenant moved in.

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Customer reply replied 1 month ago
Also, can the property manager charge an additional $300 management fee and charge it to our daughter the tenant, upon move out Day, even though they have never been charged this fee during their two years of occupancy

Nope, not if the lease doesn't specifically say they can..

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Customer reply replied 1 month ago
Do you recommend our daughter lodge a complaint with the good offices of the Nevada Attorney General? Or would you recommend another agency for them to contact, in the city of Las Vegas?

Do you recommend our daughter lodge a complaint with the good offices of the Nevada Attorney General? Or would you recommend another agency for them to contact, in the city of Las Vegas?

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This isn't a criminal matter, so they won't have any interest in the situation.. It is strictly a breach of contract action, potentially and her recourse is to sue in small claims court.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Have a great evening!

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,119
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you so much for your help, Mr.Customer

You are very welcome. Happy to help any time.

.

.

All the best to you and yours.

Barrister

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Customer reply replied 1 month ago
Thank you sir, and to you as well my friend.
I have given you a 5 star rating.
Goodnight sir.
Irwin Law
Category: Landlord-Tenant
Satisfied Customers: 10,416
Verified
Phone call session started

Thank you very much for the positive rating and generous bonus, it is greatly appreciated!

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barristerinky
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Category: Landlord-Tenant
Satisfied Customers: 40,119
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Experience: Attorney over 17 years, landlord 26 years

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