[Billdunn]

I rented a house in Las Vegas in the summer. According to the leasing agreement, the landlord should come to inspect the house before the leasing period ends and return the security depost to me. However he said he was not able to come before I move out. I was asked to lock the keys inside and was promised to get the deposit back by mail. After I left, he admitted through emails that the house was in good condition and there were no damages, but he never mailed the money back. Now, after two months, he is not answering my emails or phone calls anymore. I contacted Las Vegas's Neighbourhood Justice Center for mediation. He doesn't respond to them either. My only choice left seems to be filing a small case compliant to the court. As I am far away in Canada now, it is difficult for me to present the case to the judge in Las Vegas's court. It would be costly to hire a lawyer for this. Anyone can help me with some suggestions?

[jfkIII]

Eat it. They guy is obviously about to lose his home and has all sorts of money problems. He ain't gonna give it up easy...if he does at all. Cut your losses here.

[KonaKat]

Send him a formal demand letter, certified mail. Simply state exactly what you want and tell him he has 10 days from receipt of letter to comply. Be sure your address appears on the letter as well as the envelope.

Write to the court asking if they will hear the case without you there in person, or if you may send a trusted friend to just showup and present your "evidence". (any e-mail you have, copy of lease, copy of your rent and deposit checks, receipts etc) They will answer you by mail. But, do include your phone number.

When you get your answer from the court, hopefully it will be affirmative and you can proceed.

[Billdunn]

Originally Posted by KonaKat

Send him a formal demand letter, certified mail. Simply state exactly what you want and tell him he has 10 days from receipt of letter to comply. Be sure your address appears on the letter as well as the envelope.

Write to the court asking if they will hear the case without you there in person, or if you may send a trusted friend to just showup and present your "evidence". (any e-mail you have, copy of lease, copy of your rent and deposit checks, receipts etc) They will answer you by mail. But, do include your phone number.

When you get your answer from the court, hopefully it will be affirmative and you can proceed.

Thank you, Konakat! I will follow your advise. My further question is if the court rules against him, can he still get away with it? Will the law be reinforced in that case? He said he has several rental properties. I think this is the way he makes money. Some one has to stop him doing it.

[RCCCB]

Originally Posted by Billdunn

I rented a house in Las Vegas in the summer. According to the leasing agreement, the landlord should come to inspect the house before the leasing period ends and return the security depost to me. However he said he was not able to come before I move out. I was asked to lock the keys inside and was promised to get the deposit back by mail. After I left, he admitted through emails that the house was in good condition and there were no damages, but he never mailed the money back. Now, after two months, he is not answering my emails or phone calls anymore. I contacted Las Vegas's Neighbourhood Justice Center for mediation. He doesn't respond to them either. My only choice left seems to be filing a small case compliant to the court. As I am far away in Canada now, it is difficult for me to present the case to the judge in Las Vegas's court. It would be costly to hire a lawyer for this. Anyone can help me with some suggestions?

I think either a criminal complaint or small claims couirt case both require you be back in LV in person.
Do what you can from where you are.
Should have started all this before you left and were in LV to do something.

In the end you may have to eat this, especially since you live far away and it could cost more to go back and forth by air.

Maybe if you come back to visit before a year is up you can still file a criminal report or something.

[KonaKat]

Originally Posted by Billdunn

Thank you, Konakat! I will follow your advise. My further question is if the court rules against him, can he still get away with it? Will the law be reinforced in that case? He said he has several rental properties. I think this is the way he makes money. Some one has to stop him doing it.

If you are awarded a judgment in a SC case, it is your responsibility to file a Writ to obtain the money. He could pay up within so many days of the judgment (hearing date), you could agree to accept payments, you could garnish his wages, attach his bank account or attach his cash drawer. These are the various means by which a judgement may be enforced and the plaintiff paid. You can also renew the judgement within so many years of the original date. When the judgement is paid in full, the Plaintiff must file a Satisfaction of Judgement. The judgement and the satisfaction are recorded and are public information which is eventually picked up by the credit bureaus who glean all such information from local courts.

So, in a nutshell the answer is no. Nothing is automatic.

This is a civil matter, not a criminal matter.

[olecapt]

As Kona said...

I believe you can file the case and all without being here. But I don't believe you can actually try it without physical presence.

There is information on the process and how to get the required forms at...

Welcome to the Clark County Courts in Las Vegas

Watch out for some hookers....you have to know how to get the guy served. That means you need to know where he lives or works. If you know that just use the Constable. You can collect the fee from the LL.

There are techniques where the case can go to a rehearing. If your guy is expert on Small Claims I would expect this to be pulled.

And the case can be appeald to district court. All these are techniques used by those knowledgable of SC against a non-resident. Now few people really know this stuff so don't sweat it unless you think he uses small claims a good bit.

And note that when all this is done the guy may be impossible to collect from. Check his name on the Recorder web site. If there is a long litany of liens and judgements don't waste your time.

[yellowsnow]

I agree you were treated poorly and what this guy did was wrong.

Chances are this is going to be more trouble than it's worth, especially since you are so far away. Next, if he doesn't have the money you won't get anything anyway. The whole process is an exercise in futility. You go through all the motions, jump thru all the hoops, and get.....nothing.