Old apartment complex passed 30 day move out statement

[dac5678]

Las Vegas, NV

I moved out of my apartment on July 28th. I called a few times trying to get a move out statement as well as my deposit back. I was always given the run around and was simply told, we will send it out today. After numerous attempts, they finally sent a move out statement on September 4th (38 days after moving out). I can also see that additional damages were added on September 4th.

According to statute NRS 118A.242 section 6, I am entitled to my entire deposit correct? I have already sent a certified letter demanding payment with an intent to sue and gave them a week to respond. I sent this letter to the complex manager, the regional manager, as well as the property managers legal department, all without a response. I now have a return receipt showing delivery on the 10th of September.

From what I can gather, I have done everything correct before suing them in small claims court. I also had a balance on the account of over-payment (they didn't process my extension, so I paid for an extra month). I am now entitled to two times the original deposit, as well as the balance I have with them correct?

I can agree with a couple of the things on the move out statement, however from what I can read, I do not even have to argue these in small claims court since it was provided after 30 days.

I just want to confirm that I have everything in place, and a strong case, even though they did send a move out statement past their 30 day allotment.

Any insight would be greatly appreciated!

 

[Gail in Georgia]

When Must You Return a Tenant’s Security Deposit in Nevada?

In the state of Nevada, landlords must return a tenant’s security deposit or surety, less any legal deductions, to the tenant within 30 days of lease termination. If any deductions have been made, the landlord is required to include an itemized list of such deductions.
The landlord has two options for returning the deposit. He or she can:

1.Hand it to the tenant personally at the location where rent is paid.

Or


2.Mail the deposit to the tenant at the new forwarding address the tenant has given, or if a new address has not been provided, mail the deposit to the tenant’s last known mailing address. If a tenant disagrees with any of the deductions made, they must send a written statement disputing the charges to the surety or to the landlord. If the dispute cannot be handled outside of court, the tenant may elect to sue the landlord in small claims court to recover their security deposit.

If a landlord fails to return a tenant’s security deposit or surety bond within 30 days or fails to provide a written itemized statement of deductions, the tenant may also sue the landlord in small claims court. The landlord may be liable for the entire amount of the security deposit plus any additional amount awarded by the court, which cannot be more than the amount of the deposit


Gail

 

[dac5678]

Well Las Vegas law required me to attempt mediation with the company before I can sue them in small claims court. A started this process a couple of weeks ago and finally heard back from the mediation office. They called the complex who flat out refused mediation. No one from the complex, the regional manager or anyone at the management company have responded to any of my letters since receiving the partial refund they sent me.

I am getting ready to go to the court house this week to start the small claims court process. I am not entirely clear on who I get the papers served to though. Do I simply serve them to the manager of the complex?

I appreciate any insight that may be given.