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Old 07-16-2010, 09:18 AM
 
Location: Vegas Baby
542 posts, read 1,929,297 times
Reputation: 239

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Good news is I finally found a place and I'm ready to MOVE!!
Bad news... my landlord isn't too pleased with me at the moment.

Long story short I found a new a place once the new place called to verify with my landlord he calls and begs me to stay saying... I'm the best tenant ever, he doesn't want to lose me, I pay my rent every month on time without fail on and on PLUS he offered to lower my rent to LESS then I was paying when I first moved here if I signed a new lease and stayed.
I REALLY considered it at that point but the drive to work is a MAJOR factor and has been for the 2 years I've lived here. Plus I'd be moving from a condo to a house so.... the space is another issue.

Anywho after thinking about it I told my landlord I was going to have to move. His attitude changed then and he told me I can move NOW and forfeit my deposit. I hinted around that I wanted to move before the first and he kept talking about keeping my deposit so I told him I planned on giving him 30 days notice. I signed my 1 yr lease in 2008 and have NEVER signed a new lease with him. So he tells me that I still have to pay him the FULL rent on the 1st and he will give me prorated amount back after the fact !! That just doesn’t sound right to me! Then he said the 30 days is based on when HE receives it and not the postmarked date I mail it! THEN when I ask about my deposits (rental,key,cleaning) he starts talking about the carpet was BRAND new the day you moved in AFTER I told him when I moved in the place was NOT cleaned... it wasn't painted there were nails/holes in most walls, cracks in the floors, no shower rods....... among other things. I got here late at night after driving across country from Ohio so... it was what it was when I got here. I documented ALL of it in writing (didn't have my camera available) and had the person who gave me the keys (his friend/realtors sister) sign & date it.

So THEN yesterday I get an email from him saying he would consider my email (asking about where to drop of keys) as my official 30 days notice and saying he would let me pay a prorated amount of XYZ rent on August 1st based on my being there 15 days. Plus saying I will get my deposit once he receives the keys from me.

THEN this email this morning....

"I would like to know the date in which you will be out of the house, as I would like to clean it up and prep it for the next tenant asap.
Also would you be willing to have me show it to perspective tenants and get a cleaning crew in before you move out?
My goal is to have it re-rented by August 1st. If this is made possible I will be able to refund you your partial rent payment of XYZ.
Also please be certain to make that payment on the 1st of August unlike your usual payments on the 4th."

I usually pay my rent BEFORE the late day of the 5th.

WHY would I pay rent if NOW he wants me out by the 1st?? I've already made arraignments with new place to move in after my 30 days notice.


This is the FIRST place I've rented in Las Vegas and basically the first place I've ever rented in over 10yrs. I have owned my own home for YEARS!
ANY ADVICE WILL BE APPRECIATED!! I understand the advice given will NOT be "professional"!
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Old 07-16-2010, 11:24 AM
 
Location: Front Range of Colorado
1,635 posts, read 2,517,372 times
Reputation: 662
Quote:
Originally Posted by movingon2vegas View Post
Good news is I finally found a place and I'm ready to MOVE!!
Bad news... my landlord isn't too pleased with me at the moment.

Long story short
ANY ADVICE WILL BE APPRECIATED!! I understand the advice given will NOT be "professional"!
Rent is paid in advance, interest is paid in arrears. Can you just move out on the last day of the rental period, assuming that this is at least 30 days after notice is given? If you hold over, past the first, the landlord is technically entitled to the full month's rent and you have the option of staying.

Try to work something out without being adversarial. You may have to give a little. Tell him you will clean the place up real well and certainly promise your cooperation in showing to prospective tenants. He sounds a little high-strung, but doesn't sound dishonest. If you lose a little, so be it, just move out and move on. Life is not perfect. Just try to make the situation as non explosive as possible. Pretend like it's a marriage.
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Old 07-16-2010, 11:50 AM
 
48,502 posts, read 96,886,289 times
Reputation: 18305
Look at the rental agreement that is what your held to after reviewing sate and local laws.Anyhting you cannot cone to a sttelemnt is a potential court case.I say potential because some things may not be worth to pursue for various reasons.
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Old 07-16-2010, 11:53 AM
 
Location: Fuquay Varina
6,454 posts, read 9,820,589 times
Reputation: 18349
Quote:
Originally Posted by texdav View Post
Look at the rental agreement that is what your held to after reviewing sate and local laws.Anyhting you cannot cone to a sttelemnt is a potential court case.I say potential because some things may not be worth to pursue for various reasons.

what?
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Old 07-17-2010, 12:17 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,568,138 times
Reputation: 18190
Quote:
Originally Posted by movingon2vegas View Post
Good news is I finally found a place and I'm ready to MOVE!!
Bad news... my landlord isn't too pleased with me at the moment. anywho after thinking about it I told my landlord I was going to have to move. His attitude changed then and he told me I can move NOW and forfeit my deposit.
When the lease rolls over to month to month the landlord can not do the above, he is required to give you 30 day notice first, this works both ways.

I hinted around that I wanted to move before the first and he kept talking about keeping my deposit so I told him I planned on giving him 30 days notice.
Without 30day notice, legally, he can keep your deposit.


I signed my 1 yr lease in 2008 and have NEVER signed a new lease with him. So he tells me that I still have to pay him the FULL rent on the 1st and he will give me prorated amount back after the fact !!
He can charge a full months rent, but prorating doesn't work this way, this is something you want in writing and still no guarantee he'll refund that portion of rent, but will serve you if you take him to small claims for recovery.
But its also possible a judge would go by state law, which legally is full months rent...I can't speak to this with with certainty, I'm not a judge.




Then he said the 30 days is based on when HE receives it and not the postmarked date I mail it!
Generally, the 30 day begins the day of receipt, he can use the postmarked date, but he's playing hardball. Certified mail, where he signs receipt is the best method and copy for your protection or hand delivery with his signature and date and copy for yourself is an alternative.


THEN when I ask about my deposits (rental,key,cleaning) he starts talking about the carpet was BRAND new the day you moved in AFTER I told him when I moved in the place was NOT cleaned...
I'm not sure what his point in regards to the carpet....is there damage, stains...or was he trying to counter your remark about the condition when you took possession, sounds like deflecting the issue at hand to me.


it wasn't painted there were nails/holes in most walls, cracks in the floors, no shower rods....... among other things. I got here late at night after driving across country from Ohio so... it was what it was when I got here. I documented ALL of it in writing (didn't have my camera available) and had the person who gave me the keys (his friend/realtors sister) sign & date it.
This is a good protection measure, you have a signed dated document.


So THEN yesterday I get an email from him saying he would consider my email (asking about where to drop of keys) as my official 30 days notice and saying he would let me pay a prorated amount of XYZ rent on August 1st based on my being there 15 days. Plus saying I will get my deposit once he receives the keys from me.
Shaking head...Hes already received the 30day notice, do you have your signed dated copy?


THEN this email this morning....

"I would like to know the date in which you will be out of the house, as I would like to clean it up and prep it for the next tenant asap.
Also would you be willing to have me show it to perspective tenants and get a cleaning crew in before you move out?
My goal is to have it re-rented by August 1st. If this is made possible I will be able to refund you your partial rent payment of XYZ.
Also please be certain to make that payment on the 1st of August unlike your usual payments on the 4th."
I usually pay my rent BEFORE the late day of the 5th.

WHY would I pay rent if NOW he wants me out by the 1st?? I've already made arraignments with new place to move in after my 30 days notice.


This is the FIRST place I've rented in Las Vegas and basically the first place I've ever rented in over 10yrs. I have owned my own home for YEARS!
ANY ADVICE WILL BE APPRECIATED!! I understand the advice given will NOT be "professional"!
Lack of knowledge about LL/T procedures is working against you. He's playing by his rules that change with what suits his needs. Your original 30 day notice is legally what you go by. Anything can be renogotiated, the key to this....if you're willing and needs to be in writing signed by both parties. If it conflicts with your move in date at the new residence, you're under no obligation to change the original notice given.

By law, you have until the 5th before the rental payment is late and if payed on the first at his request, would be a courtesy you extend him, but not required.

Lastly, if you do not wish to negotiate, thats all you need to tell the LL, end of story.
Best Wishes.

Last edited by virgode; 07-17-2010 at 12:34 PM..
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Old 07-17-2010, 01:10 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,568,138 times
Reputation: 18190
An after thought,

I can understand his request to show the unit, how does he propose to clean your apartment for the next tenant, when your occupying the unit?

So, heres my question to you and something you need to take into consideration. If this cleaning crew comes in, will you be charged, you can bet he'll deduct from your security deposit accordingly, something you need to discuss with him and again any agreements in writing. This guy is taking full advantage of your lack of knowledge.

Regardless of the conditions of cleanliness when you took possession, he will expect you to leave it in spotless condition. In apartment community complexes, requirements are outlined and charges made known to the renter, so expectations are all up front in advance.

Heres the normal procedure proceess for move out........
a move out inspection is scheduled, preferably in writing, ideally, after all your personal contents have been removed and you've done a thorough cleaning and carpet steaming is required in many. You and the LL go thru the unit and have an idea of what deductions will be taken from the security deposit. At this point you give the LL a forwarding address and key return to receive the refund and good idea to have the LL sign he's received the info along with a copy for yourself. Security deposit must be returned within state law requirements, along with an itemized list of deductions. You can of course object to any deductions in writing and ultimately have the option of objections addresed in small claims court at your expense. I have never heard of an LL, returning deposit at point of key return....so I'm not sure I'd take him for his word on this.

Please up date the forum if possible, I'm really interested in the outcome.

Last edited by virgode; 07-17-2010 at 01:41 PM..
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Old 07-23-2010, 08:40 AM
 
Location: Vegas Baby
542 posts, read 1,929,297 times
Reputation: 239
Thank you for all the great advice!! @ Virgode At this point I'm supposed to be out by Aug. 14tth so that's the date I'm going with since that's when I can move into new place. I will update after this ordeal is over. The next place is run by a property management company but from what I hear they aren't too much better. So... I'm considering a walkthrough with my video camera rolling. lol
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Old 07-23-2010, 10:38 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,568,138 times
Reputation: 18190
NRS: CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS

Nevada Landlord / Tenant Law
This will help now and for the future.
The video camera would be better than pictures

Last edited by virgode; 07-23-2010 at 11:00 AM..
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Old 08-30-2010, 08:29 AM
 
Location: Vegas Baby
542 posts, read 1,929,297 times
Reputation: 239
Well... as suspected he is trying to KEEP my desposits!! He is saying that I'm only going to receive my $100 key deposit back because according to him the stove, dishwasher and microwave were "destroyed" so he needs to replace them! That is NOT true... nothing was destroyed when I left. He refused to meet me at the property for a final walk through. I have several text messages from him saying "we don't need you to do a walk through" and he wouldn't meet me!! Now he's basically trying to remodel the house with assistance from my deposit!
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Old 08-30-2010, 08:37 AM
 
Location: Vegas Baby
542 posts, read 1,929,297 times
Reputation: 239
He had the NERVE to email "before & after" pictures! His before pictures are AD pictures!! LMBO When I moved in the stove was missing a knob and the microwave handle was broken aka so NOT brand new! LOL I even have documentation (that he KNOWS I have) stating these facts!! LMBO Off to court I go!
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