Renting & Leasing
AVOIDING PITFALLS
Deposit recovery. Most landlords require you to pay a security deposit to cover any repairs needed when you move out or your failure to pay the last month’s rent. By law, landlords cannot refuse to return the deposit without a valid reason. If you give your landlord your new address in writing, and you do not receive your deposit or an explanation of deductions within 30 days of your departure, contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. You also can contact the Better Business Bureau or your local tenants’ council. Lastly, you can file a complaint with the office of the Attorney General of Nevada.

Deductions for damages. The landlord must return the deposit—less any amount deducted for damages—within 30 days. Do not forget to leave a forwarding address so the deposit can be sent back to you. If the landlord withholds part or all of your deposit, he or she must give you an itemized list of deductions with a description of the damages.

Normal wear and tear. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. If the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your waterbed leaks and the carpet becomes mildewed as a result, you may be charged.

Advance notice requirements. Check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require 30 days’ notice as a condition of returning your deposit.

Rent increase. The landlord has the right to raise your rent if not prohibited by a lease agreement; however, a 45-day written notice of the increase must be mailed to the tenant before the increase goes into effect.

Renters insurance. Although it is not required by Nevada law, an affordable way to safeguard against unforeseen occurrences and protect against personal losses is having renters insurance. Depending on the policy, renters insurance averages under $100 a month for thousands of dollars worth of coverage. Your lease likely contains a clause that states that the owner will not be liable for any damages to the resident’s personal belongings or to that person except in cases where a disaster occurred due to the owner’s own negligence; then the resident has a course of action.

Guests. It is normal to want to share the amenities that have drawn you to your apartment, but landlords usually have policies about your guests’ amenity usage. Whether it is a maximum number of guests allowed per tenant or necessary accompaniment with your guest, it is best to avoid breaking the rules by inquiring with the landlord first.

The surest way to stay in compliance while at your rental is always to keep your lease handy so you can reference it often. If you know your rights, know the rights of the property owner and take the right course of action when needed and you will be more likely to avoid problems.

   
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