Thursday, October 25, 2012

SECURITY DEPOSITS

A security depoist is defined as any payment, fee or charge that is to be used for any of the following purposes:

*   Remedying any default in the payment of rent
*   Repairing damages to the premises other than normal wear and tear
*   Cleaning the premises

The landlord may not demand or receive a security deposit (including the last month's rent) in excess of 3 months rent.

Upon termination of the tenancy, the landlord may use the security deposit and apply it to unpaid rent, use it to repair damages caused by the tenant, and use it to pay for the reasonable cost of cleaning.  The landlord must provide the tenant with a written itemized accounting of how the security deposit was used within 30 days after the termination of the tenancy.  The security deposit itemization must be personally handed to the tenant or mailed to the tenant at the tenant's present address, if known, or to the tenant's las known address.  A security deposit itemization form can be found on our website at http://www.fastlasvegasevictions.com/Free-Forms/

Wednesday, October 17, 2012

LANDLORDS---COMMON MISTAKE #2

Very often, when a landlord is in the process of renting out residential property, the utilities are in the landlord's name in order to enable the landlord to maintain the property while it is vacant and in order to show the property.  Most often, the landlord will not provide utilities as part of the rental agreement, and the tenant is required to have the utilities such as gas, electric and water, into their own name.

A common mistake that landlords make is allowing allowing the tenant to move into the rental unit while the utilities are still in the landlord's name.  If the tenant fails to put the utilities into their own name as agreed, the landlord cannot just shut off the utilities, and may be stuck having to pay the utility bills.

Of course, the tenant's failure to put the utilities into their name would be deemed to be a breach of the rental agreement and constitute grounds for eviction.  If the provisions of the rental agreement  clearly require the tenant to put the utilities into the tenant's name and the tenant has not done so, the tenant should be sent a registered letter that explains the tenant's responsibilities under the lease, and explains that the utilities will be turned off in 10 days if the utilities are not put into the tenant's name.  The landlord can also present the utility bills to the tenant and make a demand for payment.  If payment is not forthcoming, the landlord can deduct these amounts from the security deposit or serve a notice to perform or quit.  Contact our office at (702) 871-6144 or http://www.fastlasvegasevictions.com for further information and assistance.

Tuesday, October 9, 2012

LANDLORDS---COMMON MISTAKE #1

A common mistake made by unwary landlords is the acceptance of a personal check from a new tenant for the 1st months rent and deposit. We cannot tell you how many times this happens and the check turns out to be NSF. DO NOT ACCEPT A PERSONAL CHECK---INSIST upon a cashiers check, money order, or cash for the 1st months rent and security deposit. DO NOT RELEASE THE KEYS AND POSSESSION OF YOUR RENTAL UNIT to a tenant BEFORE money is in your bank!!!

Monday, October 8, 2012

WHAT IS HABITABILITY?

A landlord of residential property must maintain the rental unit in a habitable condition.  A rental unit may be deemed to be uninhabitable if the landlord fails to maintain the unit properly and when it substantially lacks any of the following:

1.   Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors;
2.   Plumbing installed to code and in good working order;
3.   A water supply, which produces hot and cold running water, is furnished to appropriate fixtures, and is connected to a sewage disposal system and which is in good working order;
4.   Adequate heating, installed to code and in good working order;
5.   Electrical lighting, outlets, wiring and electrical equipment installed to code and in good working order;
6.   Adequate number of trash cans available. The landlord must arrange for the removal of garbage and rubbish from the premises unless the the parties agree in writing otherwise;
7.   The building and grounds are clean, sanitary, and reasonably free of debris, filth, rubbish, garbage, rodents, insects, and vermin;
8.   Floors, ceilings, stairways and railings maintained in good repair;
9.   Ventilation, air-conditioning and other appliances, including elevators, are maintained in good repair if they are supplied or required to be supplied by the landlord.

If the landlord fails to maintain the dwelling in a habitable condition, the tenant must provide written notice to the landlord and the landlord has 14 days to fix the problem. If the landlord fails to fix the problem within 14 days, the tenant may:

*   Terminate the rental agreement
*   Recover actual damages
*   Apply to a court for additional relief
*   Withhold any rent that becomes due without incurring late fees, charges for notice, etc.
*   Repair and deduct--Should the tenant wish to repair the problem himself/herself, the tenant can only do so if the reasonable cost to repair is less than $100 or is an amount equal to one months rent, whichever is greater, but must provide the landlord with notice as described above.

Landlords should also be aware that a failure to provide essential items or services, such as heat,
air-conditioning, running water, hot water, electricity, gas, a functioning door lock, etc., constitute a breach of the rental agreement, and must be corrected by the landlord within 48 hours of receiving written notice from the tenant, exlcluding weekends and legal holidays. A landlord's failure to repair or correct these type of problems affords the tenant additional remedies under NRS 118A.380.

Call our office at (702) 871-6144 or visit our website at http://www.fastlasvegasevictions.com for more information!