Results 1 to 10 of 10

Thread: So I'm Sueing My Landlord....

  1. #1
    Veteran Member Lklucky's Avatar
    Joined
    Mar 2008
    Location
    Las Vegas
    Posts
    294
    Thanks
    119
    Thanked 44 Times in 28 Posts

    Default So I'm Sueing My Landlord....

    You guys decide if I'm right:

    I'm in Nevada

    -1,500 Security deposit

    -NV Law gives landlord 30 days to either issue deposit back or send me a letter itemizing list of charges/damages

    -after 30 days with no letter from landlord tenant is entitled to full security deposit back

    -I didn't have a new address at the time of vacating so I wrote my email address down and he said he would email me with list of charges as well as let me know about any possible left over money.

    -I waited 50 days and emailed him; landlord says to me the above law of getting full deposit back is null and void because I didn't leave him my address.

    also keep in mind he emailed me at least 10 times during the time I was living there and that he could've called me as my phone number never changed.

    So who will win?

  2. #2
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: So I'm Sueing My Landlord....

    ^^^ it's probably a toss-up.

    Pro ... you did not receive the necessary letter itemizing charges against your security deposit within the alotted time frame

    Con ... you did not provide the former landlord with a valid snail mail address, thus preventing him from sending the necessary letter

    While e-mail may serve as the functional equivalent of snail mail, from a legal standpoint e-mails are essentially worthless. The first reason is that virtually all contract law was written prior to the electronic age ... thus the vast majority of legal service / publication requirements still revolve around (registered) snail mail. The second reason is that e-mails are not 'secure' ... and thus potentially subject to post-receipt alteration.


    Ultimately, the decision could go either way based on the mood of the small claims court judge who hears the case. You have the 'moral' high ground. Your former landlord has a 'legal technicality'.

  3. #3
    Featured Member
    Joined
    Feb 2005
    Location
    whine country
    Posts
    812
    Thanks
    11
    Thanked 253 Times in 139 Posts

    Default Re: So I'm Sueing My Landlord....

    The landlord would seem to have standing if he had no address and no way to contact you. Save those emails. Did you provide any address in any email or offer to see him in person?

    Still, the burden would be on the landlord to prepare the letter in the 30 day window regardless of whether he has an address to send it to. Since he was in contact with you, the failure to ensure his legal duties are fulfilled seems to fall on him.

    Here ya go.

    This is the specific NV statute: NRS188A.242
    2. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The 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 by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant’s last known address.

    You'll win

  4. The Following User Says Thank You to Dirty Ernie For This Useful Post:


  5. #4
    God/dess Deogol's Avatar
    Joined
    Dec 2003
    Posts
    5,493
    Thanks
    120
    Thanked 50 Times in 35 Posts

    Default Re: So I'm Sueing My Landlord....

    Email is a valid legal dispatch method these days. Many states allow email to be used as a record of acceptance in a contract.

    (It would be best if you had a signed document detailing receiving of the email address and right to use that as a means of communication from the landlord though.)

    Alas, sometimes renting a PO box works out for the best when in transition.

  6. #5
    Banned
    Joined
    Sep 2008
    Location
    With the luggage NJ
    Posts
    2,995
    Thanks
    80
    Thanked 115 Times in 98 Posts

    Default Re: So I'm Sueing My Landlord....

    Quote Originally Posted by Dirty Ernie View Post
    return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant’s last known address.
    The last known address would be the apartment vacated and he knows the OP does not live there. The OP should have gone to the place the rent is paid on the 30th day.

    One may win a judgment in small claims court but collecting is another matter. One may actually have go back to court and get an order of default and take that to the Sheriff. The Sheriff will then accompany the plaintiff and seize property from the defendant in the amount of the judgment. This all costs money and time.

  7. #6
    Veteran Member Lklucky's Avatar
    Joined
    Mar 2008
    Location
    Las Vegas
    Posts
    294
    Thanks
    119
    Thanked 44 Times in 28 Posts

    Default Re: So I'm Sueing My Landlord....

    Thanks so much Melonie; never thought about the "moral high ground" and that most contracts were written prior to email.

    Dirty Ernie: Wow! thank you for digging up that law; I was looking for that exact wording. LandLord seems to be saying that the NV law also says that if address is not provided then that law is null/vold. I think he's pulling my leg though.

    Earl the Pearl: Ummm ever heard of a forwarding address? I had my mail forwarded to my new address a week later; if the landlord had sent the mail to my last known address it would have been forwarded automatically to my new address. Only reason I didn't provide the new address to my landlord was because he and I had agreed to him contacting me by email.

    Regarding collecting; The guy has an accounting firm in town; he also rents out other houses. If I was to win, he's the type to pay it.

  8. #7
    Featured Member
    Joined
    Feb 2005
    Location
    whine country
    Posts
    812
    Thanks
    11
    Thanked 253 Times in 139 Posts

    Default Re: So I'm Sueing My Landlord....

    Quote Originally Posted by Earl_the_Pearl View Post
    The OP should have gone to the place the rent is paid on the 30th day.
    The burden is clearly on the landlord not the tenant. If they make arrangements to do it in person, fine. But if not, the landlord must put it in the mail as directed by the statute. And as you were in contact through email, he should not have had any trouble learning where he was to send it.

    You will learn if he really believes he's entitled to keep it once he's served. Not sure about NV, but lots of states allow you to add your court costs to your damage claim. Hopefully he'll settle before the court date.

    Good Luck

  9. #8
    Veteran Member Lklucky's Avatar
    Joined
    Mar 2008
    Location
    Las Vegas
    Posts
    294
    Thanks
    119
    Thanked 44 Times in 28 Posts

    Default Re: So I'm Sueing My Landlord....

    Quote Originally Posted by Dirty Ernie View Post
    The burden is clearly on the landlord not the tenant. If they make arrangements to do it in person, fine. But if not, the landlord must put it in the mail as directed by the statute. And as you were in contact through email, he should not have had any trouble learning where he was to send it.

    You will learn if he really believes he's entitled to keep it once he's served. Not sure about NV, but lots of states allow you to add your court costs to your damage claim. Hopefully he'll settle before the court date.

    Good Luck

    I know; I'm going to file shortly after the holidays; I'll update this thread as things progress. Thanks again!

  10. #9
    God/dess Zofia's Avatar
    Joined
    Apr 2002
    Location
    Durham, North Carolina
    Posts
    2,417
    Thanks
    2,964
    Thanked 2,370 Times in 934 Posts

    Default Re: So I'm Sueing My Landlord....

    Lots of states automatically tack on attorney fees in this situation. Collection should be no problem.

    HTH
    Z

  11. The Following User Says Thank You to Zofia For This Useful Post:


  12. #10
    AudreyLeigh
    Guest

    Default Re: So I'm Sueing My Landlord....

    I dont know about NV but I know in CA if they do not send you the itemized list after 30 days and keep your deposit you can sue for triple damages.

  13. The Following User Says Thank You to AudreyLeigh For This Useful Post:


Similar Threads

  1. Landlord is Kicking Me Out!!!
    By Kisca in forum Life Support
    Replies: 15
    Last Post: 08-27-2011, 08:10 PM
  2. I HATE being a landlord
    By MissTaylor in forum The Lounge
    Replies: 14
    Last Post: 05-17-2008, 03:07 PM
  3. Pearl, the landlord
    By Kalligirl in forum The Lounge
    Replies: 9
    Last Post: 05-21-2007, 11:18 AM
  4. Is my landlord doing something illegal?
    By Miss_Luscious in forum Dollar Den
    Replies: 10
    Last Post: 01-20-2007, 10:20 AM
  5. If YOU were a Landlord...
    By xmarx52 in forum The Lounge
    Replies: 23
    Last Post: 11-04-2003, 04:54 AM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •