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Old 08-22-2012, 01:07 AM
 
2 posts, read 9,180 times
Reputation: 11

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I live in Reno NV. My girlfriend and I just moved into a house together. She went to do a walk through with the landlordfor the house she is moving out of today. He went through and nit picked at every little thing. Told her that she had to wash the walls and ceiling, inside the cupboards, and a few blinds had to be replaced. I understand the blinds cause her cats caused damage to them. My argument is the scuff marks inside the cupboard (cause by pot and pans) and the dirty walls and ceiling is normal wear and tear. The Nevada law is real vague on this matter but the walls and ceiling dont have scuff marks, writting, or stickers on them. I guess they are just dusty? Professional cleaners came in a few days before the walk through and cleaned everything except the wall and the one cupboard in question. I cleaned out that cupboard myself and got alot of the mark out of there. So is dusty walls normal wear and tear? I have a feeling he is going to send her an itemized list which equals her entire deposit.
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Old 08-22-2012, 02:02 AM
 
14,199 posts, read 26,341,715 times
Reputation: 8357
Is your friend a smoker? Did she deep fry often?

These are two things that can really take a toll on walls and ceiling.

As to condition... nothing takes the place of pictures along with a condition and inventory list.
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Old 08-22-2012, 03:28 AM
 
2 posts, read 9,180 times
Reputation: 11
She is a non-smoker and she is more of a salad girl. Does not own a deep fry machine and eats healthy like its going out of style. She lived there about 3 and a halfyears. Unfortunatly she does not have pictures of the before, I will be going there tomorrow to see what the big deal is and to take pictures. Check list states that the walls are in new condition. I should really post some photos up on this thread just so yall can see how ridiculous hes being. I think this guy is just trying to keep her money, he complained about a small clothing button that was accidentally left behind in the closet. I have to wonder if he is gonna charge her for that as well.

The lease agreement states she will not be responsible for normal wear and tear as does Nevada law but the agreement also states that the property needs to be returned in the condition she got it. Are walls that collect dust normal wear and tear or is she responsible? This issue is so stupid I couldnt even make something like this up. Is it carelessness not to wash your walls? Who washes their walls even once a year? Its not like she was walking on them and throwing mud and painting on them. They just stood there doing what they were meant to do.

NRS 118A.110 “Normal wear” defined. “Normal wear” means that deterioration which occurs without negligence, carelessness or abuse of the premises, equipment or chattels by the tenant, a member of the tenant’s household or other person on the premises with the tenant’s consent.

NRS 118A.240 “Security” defined.
1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is “security” and is governed by the provisions of this section and [URL="http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec242"]NRS 118A.242[/URL] and [URL="http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec244"]118A.244[/URL]:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.


Im frustrated at this guy who is trying to take advantage of my girlfriend not any of the board members so if it comes off that way I appologize. I appriciate any input at all though for real.
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Old 08-22-2012, 11:30 AM
 
Location: The Triad (nc)
17,602 posts, read 23,805,174 times
Reputation: 14795
Quote:
Originally Posted by kkingsley930 View Post

NRS 118A.110 “Normal wear” defined. “Normal wear” means that deterioration which occurs without negligence, carelessness or abuse of the premises, equipment or chattels by the tenant, a member of the tenant’s household or other person on the premises with the tenant’s consent.

NRS 118A.240 “Security” defined.
1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is “security” and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.


Im frustrated at this guy who is trying to take advantage of my girlfriend...
You've done your homework.
Like at the casino now it's time to call their bluff.

Follow the OTHER laws and rules in the PROCESS by ASKING for the full refund **in writing**.
Include your reasoning.
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Old 06-03-2013, 06:25 PM
 
1 posts, read 3,781 times
Reputation: 10
Hello, I rented a brand new home in 2009 for approximately 4 years and recently moved out. I am now being charged for a late fee that was supposedly incurred in 2011 and is now being deducted from my security deposit. This is the first I'm hearing that there was a late fee imposed. Also, I'm being charged for painting. During the coarse of my stay I periodically painted to refresh the property. I believe this is being taking unfairly and should be returned. What recourse do I have for these two deductions in the state of Nevada?
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Old 06-03-2013, 06:48 PM
 
Location: The Triad (nc)
17,602 posts, read 23,805,174 times
Reputation: 14795
Quote:
Originally Posted by nevada702 View Post
During the course of my stay I periodically painted to refresh the property.
...I'm being charged for (re)painting.
Did you have permission to paint? If so, was the job done *really* well?
Were there any other rubs or smudges or picture hanger damage when you left?

Quote:
I am now being charged for a late fee that was supposedly incurred in 2011...
Some LL's neglect to have language in their lease that payments will first be applied to any fees before rent. Had they done this... you would received a pay or quit notice back in 2011 to make up the difference.
I bet your LL will edit the lease for their new tenants.

Quote:
What recourse do I have for these two deductions in the state of Nevada?
First you would have to demonstrate that they are wrong.
Then? Dude, it's Nevada.
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Old 06-05-2013, 11:37 AM
 
8,253 posts, read 6,792,891 times
Reputation: 11452
Dirt is not normal wear and tear. Tenants are supposed to take the dirt that they bring in back out with them when they leave.

In a dusty environment, the walls should be dusted several times a year. Running a lambswool duster over the walls just takes a very few minutes and it keeps the paint looking clean.

Marks on the walls and light switches can be removed with a magic eraser.

Some tenants are really hard on paint. I assume their mother never taught them to keep their hands off the walls. I've watched people running their hands down the entire length of a wall every time they walk by. That deposits body oil and attracts dirt and ruins the paint.

A lot of tenants apparently never wash their hands and light switches and receptacles are black with grease and dirt.

Pets and kids deposit a lot of dirt on walls that has to be washed off.

Using candles or incense or smoking tobacco or pot will deposit soot on walls and ceiling and that has to be washed off.

The tenant is supposed to take good care of the unit and the unit includes the walls and paint.
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Old 06-05-2013, 05:29 PM
 
Location: Back at home in western Washington!
1,351 posts, read 1,553,267 times
Reputation: 2677
Quote:
Originally Posted by nevada702 View Post
Hello, I rented a brand new home in 2009 for approximately 4 years and recently moved out. I'm being charged for painting. During the coarse of my stay I periodically painted to refresh the property. I believe this is being taking unfairly and should be returned.

How many times did you repaint in 4 short years?? What were you trying to cover up (because that is a lot of painting in that time span)? What colors did you use (anything the LL doesn't like will mean they have to repaint)? Did you get your LL's approval for painting?

If you cannot prove (in writing) that your LL agreed to allow you to paint, agreed with the color you chose, and approved the job you did after you were done...then you definitely have to pay for them to fix the paint jobs you did.
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Old 08-31-2013, 12:08 AM
 
4 posts, read 8,156 times
Reputation: 10
I recently moved out of a house..of course...I was the second, maybe third tenant. My neighbors looked at the house before I moved in and noticed there were paint patches on walls that I didn't notice at move in but even after they mentioned it I didn't think it was unusual. I Did wash the walls, ceilings, carpets and floors before moving out because I have always prided myself on getting Every Dime of any deposit I ever put down back. I have had several landlords praise me on leaving the house in better condition than I got it. I did the same and more with this house because I got the impression they were looking to give me a hard time. They denied I even paid last months rent but had to eat crow when I produced the receipt and proof. I cleaned the house and everything in it. I replaced air filters and did the landscaping Just prior to moving. The Mgt company came in several weeks after I moved and charged me for the lawn and other trimming that had grown in the meantime, but mostly for stuff that simply didn't exist or was not in need of repair. i.e. missing blinds that were not missing, filters that had been changed the day I moved out, paint that was not needed and maybe not even done? Thier people were in there one day and I got charged $1000 for cleaning..I have pics to prove it was already clean...oven, refrig, floors, carpets, windows, light fixtures etc...they even charged my $50 to change batteries in the smoke alarms that could have only been a couple months old? What can I do?
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Old 08-31-2013, 05:44 AM
 
Location: St Thomas, US Virgin Islands
22,482 posts, read 27,048,543 times
Reputation: 23041
Quote:
Originally Posted by toni_bridge00 View Post
I recently moved out of a house..of course...I was the second, maybe third tenant. My neighbors looked at the house before I moved in and noticed there were paint patches on walls that I didn't notice at move in but even after they mentioned it I didn't think it was unusual. I Did wash the walls, ceilings, carpets and floors before moving out because I have always prided myself on getting Every Dime of any deposit I ever put down back. I have had several landlords praise me on leaving the house in better condition than I got it. I did the same and more with this house because I got the impression they were looking to give me a hard time. They denied I even paid last months rent but had to eat crow when I produced the receipt and proof. I cleaned the house and everything in it. I replaced air filters and did the landscaping Just prior to moving. The Mgt company came in several weeks after I moved and charged me for the lawn and other trimming that had grown in the meantime, but mostly for stuff that simply didn't exist or was not in need of repair. i.e. missing blinds that were not missing, filters that had been changed the day I moved out, paint that was not needed and maybe not even done? Thier people were in there one day and I got charged $1000 for cleaning..I have pics to prove it was already clean...oven, refrig, floors, carpets, windows, light fixtures etc...they even charged my $50 to change batteries in the smoke alarms that could have only been a couple months old? What can I do?
You say the management company approached you "several weeks" after you moved. In NV (where I believe you're located) a LL must return the security deposit to you within 30 days along with documentation of all deductions from it. You'll find your state laws linked in the first "sticky" on this forum, or else a search for "(state) landlord tenant laws security deposit" will quickly bring them up. If they didn't do as required within the time proscribed they must return to you your full security deposit with no deductions.

If within the 30 days, you need to dispute the charges in writing (return receipt certified mail is preferable). Advise them that you have ample photographs and documentation to prove the condition in which you left the unit and that you will look forward to hearing from them within 10 days of receipt of your letter before taking further action. If outside the 30 days, simply tell them that in accordance with state law they've failed to return your security deposit within the legal time frame and that they should therefore immediately return the total security deposit.

If they either don't respond or you can't reach a compromise then your next step would be Small Claims court - but see how the letter works first. Good luck!
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