Landlord keeping deposit

[Bewilderedin08]

What is the name of your state? NV

We found out our landlord is letting the bank take the house back, probably soon. He is trying to keep our deposit instead of paying the rent thislast month. He has not made a house payment since 11-2007. Can he keep this deposit, or do we have an action that we can take?

 

[qtpiegracie]

the reason you aren't receiving replys is probably because your post sounds a little unclear.

 

[JETX]

We found out our landlord is letting the bank take the house back, probably soon. He is trying to keep our deposit instead of paying the rent thislast month.

You CANNOT use the deposit to pay rent. The purpose of the SECURITY deposit is to protect the owner in the event he incurs damages due to your conduct.

He has not made a house payment since 11-2007.

Not relevant to your rent obligation.

Can he keep this deposit, or do we have an action that we can take?

He can keep the deposit to offset any damages.... including unpaid rent.

Section 242 of the Nevada statute requires the landlord to refund the security deposit within 30 days after termination of the rental for any reason. Landlord may claim of the security "only such amounts as are reasonably necessary to remedy any default of the tenant." If any part of the security is claimed "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."