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At this time, (OUR NAMES) are formally requesting that you, (Landlord's Name), repay the entire withheld amount of our security deposit, ($XXXX), no later than Saturday, April, 25th.
Prior communication has proven inadequate in resolving this situation.
Please receive this notification as our intent to be paid the full security deposit, given to you per the terms of our lease agreement.
Your immediate attention to this matter is expected,
He's big claim is that there are oil stains in the garage. That could be normal wear and tear, but he has not had it fixed and claims that that is the reason for the delay.
Oil stains aren't normal wear and tear. You should reasonably know if your vehicle is leaking, and have taken steps to cover the floor under it.
The other stuff though, sounds a bit suspicious. At this point I'd just weigh whether or not the deposit amount is worth the time and effort it will take to try and get it back. Remember, just because small claims court rules in your favor doesn't mean you'll ever see the money.
The issue is that under Nevada law, he had 30 days to make us aware of the damages and refund the difference in the deposit. Failure to do so has put him in violation of the law and has granted him unreasonable to to have done ANYTHING with the property.
I am fuzzy as to what happens if they rule in our favor and he doesn't pay. Any thoughts??
At this time, (OUR NAMES) are formally requesting that you, (Landlord's Name), repay the entire withheld amount of our security deposit, ($XXXX), no later than Saturday, April, 25th.
Prior communication has proven inadequate in resolving this situation.
Please receive this notification as our intent to be paid the full security deposit, given to you per the terms of our lease agreement.
Your immediate attention to this matter is expected,
(Signatures)
You need to add, (strike "your immediate........." and "Saturday the 25th) "You have 10 days from the date this letter is received to make full payment, or legal action may be taken." the statute states that the person has 10 days from date of receipt of the Demand Letter sent by Certified Mail. You may also have the demand letter personally delivered by a process server if you like, or if he refused to accept the Certified Letter.
Keep the receipt for the Certified mailing and the green card when it comes back. You will need this later. Individuals who file their own SC's may have to show this proof to the Court.
If he does not pay, then file your SC affidavit and have it properly served. The Constable will do a good job if the person can be served during the hours of 8 to 4, Monday thru Friday. Your court date will probably be about 90 days out from your date of filing so you have plenty of time. The Affidavit of Service must be filed 10 days (if memory serves correctly) prior to your court date. You also need to file a Memo of Costs so that your filing fee and cost of service of process can be added to your judgment.
When you arrive for the court date, have all documentation with you, the original and 3 copies. You may have to show the original, and provide a copy to the Court and the Defendant.
Chances are as soon as he is served you'll be hearing from him. If he pays to satisfy you, notify the Court.
If you win a Judgment, you will need some help with the Writ if he does not pay up within the time ordered. When the Judgment is satisfied, be sure to file the Satisfaction of Judgement; back w/ that same court.
p.s. If you do not understand the law as it applies to you in this situation, be sure to consult an attorney.
Good luck. Nevada SCs are a good collection tool.
Last edited by KonaKat; 04-15-2009 at 11:10 PM..
Reason: Add'l info
Thank you for your assistance and suggestions. I did already mail the letter as is, but I suppose, we can wait until 10 days after he recieve the letter to claim.
I sent 1 priority certified mail w/ signature and one via regular mail with delivery confirmation, as another person suggested.
The regular mail is okay but has no weight in court. Keep the proof you got at the time from PO even if the green card never comes back (which happens sometimes). You do what the law says for you to do, and go from there. You can go online to www.usps.gov and track your mailing by entering the number peeled from the receipt part (it's on there twice, and on your register receipt) and stuck on the green card.
You may be right, however the time, expense and frustration you will face surely would not be worth it... At least for me it would not...
Sorry brother, good luck next time...
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