[SharkyV12]

Typcially small claims court is where you would file suit for a case like this. Typically you CANNOT be represented by an attorney. The amount is generally around 3 to 5,000 dollars maximum. Fairly easy to check the specifics for your state as to the exact requirements.

As has been said the deposit is NOT for the last months rent or any amount of "rent" at any time. It is for damages, unpaid utilitie, phone or what ever bill's, etc. the LL might get stuck for.

Judges are pretty smart about finding out the real truth of a matter, I wouldn't underestimate your chances of winning the argument solely on your statement of facts. The pictures, even without dates, could still help establish the truth. Does the LL have pictures with dates to prove otherwise? DO NOT exagerate, bend the facts or embellish your testimony, the Judge WILL see through this. If he determines your testimony is "unreliable", you will loose, period.

He will also apply the letter of the law. Leave early or stop paying rent and you loose, period. Maybe that's OK, depends on your circumstances. To WIN in court you need to be right on target with the legal issues of the lease/rent/deposit etc. That may include a termination of lease/rent in letter form mailed within the legal time frame.

A verbal contract can be as legal as a written one, but it is much more difficult to establish the truth when it comes to verbal. Until someone embellishes his story and get's busted for it, then you loose!

Olecapt is right, small claims is a rather interesting adventure. Not that hard to do, might be easier to just right off the deposit though.

It takes 45 days to evict someone in Hawaii on a month to month lease or longer. Only 10 days if it's week to week. I wonder how long it takes in Nevada?

[KonaKat]

In Nevada, Clark Co. in particular, for nonpayment of rent, first a 5 Day Pay or Quit is served. If they pay, fine. If they "quit", i.e. vacate, fine. (Other issues may follow) If they do not pay or quit, Eviction complaint is filed. Within a couple of days, an Order to Evict is issued and the Constable posts a Notice giving the time for the lockout. Then the Constable and a locksmith arrives at the property to lockout the tenant. If they are still there they're given about 15 to 30 minutes to get their stuff and vacate, and at that point the locks are changed. If a pet is inside, Animal Control is called. About 2 or 3 weeks from start to finish depending on business days counting.
The tenant can always file an Answer to a 5 Day at which time a hearing is set, and all parties are notified by the Court. This is usually just a few days following the day the Answer was filed. Landlord/Agent and Tenant appear for a brief hearing. The judge will rule. If it's all about rent, is pretty cut and dried; did you pay the freaking rent, or not? Pretty simple concept, no pay, no free lodging. This applies to normal rentals; weekly rentals have slightly different time frames but it is similar.

Of course various issues can muck up the procedure but this is the nuts and bolts of an eviction for non-payment of rent.

On Nuisance issues or 30 Day No Reason Notices the procedure is also the same except a 5 Day Unlawful Detainer comes into play after the initial Notice is served but not complied with by the tenant.

I always thought this law was very fair and straightforward. If people don't pay their rent they have to leave! Wow what a concept, huh? No free lunch. And most landlords will work w/ a person if they simply communicate and make an effort.

If a tenant's belongings are left in the property they must be safely stored for 30 days, then a certified letter is sent to the tenant's last known address stating that they have 10 day to retrieve their possessions, and pay the storage fees. After that, if no response, the items may be disposed of at the Landlord's discretion.

Damages, loss, cleaning etc are a whole 'nother issue and usually are dealt with by the LL taking the former tenant to court via Small Claims.

Both an Eviction and a SC judgement can be picked up by either tenant tracker type services or credit bureau reporting databases.

[sheriwx]

Why does everyone always seem to think that the last month's rent can be taken out of the deposit? It's quite illegal to do that, you know.

[horseplayer]

In California it was first, last, +deposit of up to 1.5 x months rent. What's the maximim deposit you can charge here?

[airics]

i would love to have first, last, plus security... but its not gonna happen... be lucky to have first and deposit...my opinion though is make absolutely sure they have had a job for awhile.

[horseplayer]

I turned down a Hooter's Girl for a condo in Phoenix once. She had an illegitimate child and her sister was going to live with her. As difficult as it was to say "no" to a girl wearing those tight, tight shorts showing big camel toe; it made me uneasy. Maybe it was her kid prying on a wall mirror while she talked to me, maybe it was her credit score...Went with my gut. No way, señora. It was a good thing, too. She worked at the Hooter's by USAIR Arena in Phoenix. A month later, there was a strike by the NBA. I don't take WIC (now that it's electronic).

[olecapt]

A couple of further notes.

You can use an attorney in Small Claims Court. Not allowed in some states it is allowed in Nevada.

When the tenant resists it can go much longer than a couple of weeks. With reasonable skill a tenant can draw it out to a couple of months or more.

As soon as you think you have a tenant that will fight back make a deal.

It is reasonably common for a landlord to accept the security deposit in lieu of the last months rent. I have seen a lease that offered that to the tenant for cooperating with showings the last 60 days.

LLs hate it but it goes on all the time.

[dynimagelv]

we had a management co that tried the same thing.....in the apt for 7 yrs with the same carpet that needed replaced when we moved in.they tried to chg us for the carpet...told em.....well....can't say here but I told em.and every time the collections called I told em the same thing [or worse] since then we bought a house and 3 cars......so I guess they didnt do too much damage

[Bentot]

Hi,
I'm leasing out my home with a swimming pool. Am I required by Nevada law to install a fence around
the pool or cover it? Also, am I required by NV law to install child safety latches on all my cabinet doors since my potential renter has 2 small children? Thanks.

[airics]

you may want to check with the county... you are required to have an alarm at the door leading to the pool... fencing is usually a mandatory requirement with insurance... your gate must have a lock on it.