Full question:
I moved out from my last apartment in November 20th, 2007. Technically I was supposed to give 30 days notice and I did not. I gave them 10 days notice but I asked Manager Assistant if that was going to be a problem since I did not have a contract. My legal contract expired in October of 2007 and since then I was only on month to month basis. She told me that was not going to be a problem. I told her if that would be a problem I could stay another month. When I moved in we agreed upon $150 none-refundable cleaning deposit. Today I found out through my sister whom was my ex-roommate that they had called her from apartment telling her that there are some outstanding charges. I went there today and I was presented to $950 of charges which included: 20 days - Pro-Out $540 Trash out - $250 Cleaning - $75 Shampoo - $100 2 Drip pans - $10 touch up paint -$125 security deposit from holdings ($150) total: $950 I sure did leave behind a little bit of trash and a rocking chair. But nowhere close to $250 of cleaning. She said that she had paid $25 hour to clean up the place. That means 10 hours of labor. No Mexican dude makes $25 an hour and for 10 hours you can strip this place off to the walls. I do not mind paying some of the charges but after my lease expired I did not sign any other lease agreement so I should not be bound by their 30 day notice. Am I right? I would be very grateful for your help. I am from Poland and I came her few years ago to go to school and I do not know that much about the law. But I know enough to know that does not feel right. what kind of legal steps should I take to bring my good name back?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: National
Answer:
Generally, an unwritten rental agreement or an ‘at will’ agreement may require a brief period of notice of termination, and a written lease with a term of less than one year (or a month-to-month lease) requires a one month notice. According to Nevada law, the absence
of a written agreement raises a disputable presumption that maintenance and waste removal services are provided without charge to the tenant, no charges for partial or late payments of rent or for dishonored checks are paid by the tenant and other than normal wear, the premises will be returned in the same condition as when the tenancy began. Nevada Revised
Statutes (NRS) 118A.200
Upon termination of the tenancy by either party for any reason, the landlord may claim of the security (deposit) 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. Except for an agreement which provides for a nonrefundable charge for
cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant's rights
under this section. Any such provision is void as contrary to public
policy. NRS 118A.242
A tenant’s basic obligations include complying with the terms of the
rental agreement; keeping that part of the premises which is occupied
and used as clean and safe as the condition of the premises permit and
disposing of all ashes, garbage, rubbish and other waste from the
dwelling unit in a clean and safe manner. NRS 118A.310 Except as
otherwise provided by statute, the landlord may recover damages and
obtain injunctive relief for failure of the tenant to comply with the
rental agreement or perform his basic obligations under this chapter.
NRS 118A.420
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
