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Tenants: Want Your Security Deposit Returned?

October 19, 2016

 

Oh, the crying and gnashing of teeth!!  It's another day where tenants of a rental house demand their security deposits returned.  Tenants commonly claim "Return our deposits or we will sue you!"  Adding frequently "We didn't do the damage, it that way when we moved in!"  Only move-in property photos will tell.

 

The defensive landlord usually claims that the property is severely damaged, dirty and rents have gone unpaid.  "We'll see you in court!" comes the reply.  This is the epic landlord/tenant battle for all time.  This battle has endured as long as there were rental properties, owners and renters.

 

But how do tenants get their security deposits returned without threats and demands?

 

First, let's look at the landlord/tenant laws of Nevada.  NRS 118A.242 states:  "the landlord may claim of the security or surety bond, or a combination thereof, 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."

 

So, in other words be sure your rent is paid up to date, there are no damages, and the property is clean.  If these things are done you should get your deposits returned.

 

However let's tighten this list up a little more with a few more lease specifics:

 

1.  Pay your last months rent, and outstanding bills or fines.

2.  Clean your rental inside and outside.  Clean, not just empty or dusted down.

3.  Repair any of your damages.

4.  Pay all utilities current

5.  Return all keys, remotes, gate cards

6.  Move out on the agreed upon date.

7.  Give a 30 Day Notice

 

.......less normal wear and tear.

 

Why all this work?  Tenants say I paid the rent, I had a right to use the property.  Landlords say, you have lease obligations to return the property in the above manner.  It is a contract between consenting adults!  You signed a contract and you will be held to the standards of the contract.

 

The security deposit makes sure you perform or the deficiencies will be deducted from it.

 

Basically, try to return the property as close to the condition as you received it.

 

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