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Do you have anything in writing from her that says the date the new tenant will move in? That combined with her written admission that she's planning on double-dipping will make a judge's day. That story will be told at the dinner table lol!
You're likely going to have to sue her over the deposit, anyway. So, if it was me, I'd just do the move-out inspection, take tons of photos, and then wait to see if she sends your deposit/itemization on time.
I'll bet she'll deduct a bunch of bogus charges. Then you can take her to court for that and the double-dipped rent. Too bad you are moving out of state. I hope you won't have to travel far to sue her. You'll have to decide if it's worth it.
There's a saying, you can't reason with unreasonable people. I'm afraid this is one of those cases. But, here's some NV law that you can maybe try to use to reason with her:
This law says the LL can't charge you for rent once she gets the place rented to someone else. It's called a landlord's duty to mitigate damages. If you want to quote the section of law, it's Nev. Rev. Stat. Ann. § 118.175 (2001):
She sent me another email claiming there is no lease on the new tenant and in the next sentience she tells me the new tenant will turn on all utilites the week of the 17th! I don't understand this woman. What I think I'm going to do is when we do the walk through I will get everything signed off on and get it in wrighting how much of my deposit I will be getting back. If there are any problems I will tell her I will fix them on Saturday. The new tenant is to move in on Friday so she will have to pick, giving me my money and pro-rated rent or be forced to find a new tenant. I'm not willing to pay for someone else to live here. I told her many times I only expect my pro-rated rent Only if this person moves in before Oct 1st, she stills tells me no. So it looks like I will not be releasing the home till the 30th.
Now when you take her to small claims court you have two things to get back. Makes it worthwhile. At this point I don't think I would mention either one again. I wouldn't give her the chance of coming up with "fake" items to take from your security deposit.
Yep, that's exactly what I would do. Go to small claims, no lawyer required, and ask for pro-rated rent in addition to return of the $1,000 dog deposit.
It's not your fault the landlord doesn't comply with rental laws in your state, and you're not required to instruct her. The judge will find her "what if my new tenant loses her job in two months" letter amusing.
As the expression goes, "Your problems are not my problems."
There are downsides to going to small claims court. You will have to appear and represent yourself. You may not get the award you desire. You may have trouble collecting any award.
I'm sending her an email as soon as my husband gets back into town so I won't have to deal with her. He wants me out of the state so I don't get stressed over this anymore. We will see how this plays out.
Up date: I told my ll the law and now she is pissed, she is throwing her lawyer at me saying all kinds of rude things. She is cutting off her noise spite her face, she will lose out on this new tenant and that is her choice. This is her lease email to me.
Allison: we have been excellent landlords OK. You are entitled and you had a copy of the lease. But you LIED saying a copy of the lease is for your current landlord! I will rent the house when we please once I find out. So if we don't start the lease on October 1 and it rents on November 1 will you pay the whole month? You are the one that has caused this problem. Not us. We didn't start anything. You are the one and I am very hurt and disappointed how you are treating us after all we have done for you and your family. Your behavior is horrible and ridiculous. If you are a good person you would never treat us in this way over money. You are the one that has caused this problem and you are the one who is being a hostile and mean person NOT ME!! Your emails and statements if you ask anyone they would react worse than me. So you want to make it difficult on us. It's very obvious. So we'll play your game. It's said that YOU have stopped down to this level
over money! After all this time we have fixed and done everything for you.
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