Re: breach of contract. - Landlord Forum thread 353337

Re: breach of contract. by Mark (NV) on July 18, 2017 @14:22

Ok, I will ask him the certified letter for 30 days notice and I agree nothing I can do so I want to cut the lost of money as much as possible. I called a realtor so I would pay $500 if he rents it for me. He said that here in Nevada for breach of contract I am entitled to keep deposit.
I am not sure what condition it will be, I know I will need paint and clean carpet he has 3 dog. It will be very difficult to acest because I bought the house with him inside so I do not know how he got the house.
What I do not feel comfortable it that I had already a call from other company that they want reference for his new rent, but he did not move out nor he paid august so It is hard to say, so what should I do?

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Re: breach of contract. by Anonymous on July 18, 2017 @16:36	[ Reply ]

Never take legal advice from a realtor, a cop or a friend of a friend.

Re: breach of contract. by Anonymous on July 18, 2017 @17:55	[ Reply ]

so which one are you ?

Re: breach of contract. by jannie (IL) on July 18, 2017 @19:47	[ Reply ]

Did you receive the tenant's security deposit from the person you purchased the house (you should have). You've owned the house a couple of yrs. with the tenant so should have some idea of what to expect. The person is offering to pay for Aug. which would satisfy the 30 days notice. Is on a MTM lease or yr lease? If MTM the contract is just that. I accept e-mails from my tenant == especially if that's the way we've been communicating.

Re: breach of contract.

Re: breach of contract. by Anonymous on July 19, 2017 @11:22	[ Reply ]

You need to read and learn your state landlord tenant laws first! The tenant is not required to send a certified letter to vacate, the law only requires notice, which you have received by both email and text. Security deposits are handled according to your state law. You should read them and be sure that you abide by them. You have 30 days to return or make an accounting of the security deposit funds. You just cannot keep the security deposit, you must make an accounting, your realtor is mistaken. Failure to follow the correct procedure entitles the tenant up to twice the security deposit as a penalty. You would be entitled to the $500 fee for rerenting the property as you can charge the tenant reletting fees by law, but that $500 fee might not pass muster as being reasonable to a judge. Painting and carpet repair/replacement will have to be prorated as to damages. Did you also have a pet deposit? Do you have proof of how the rental looked before the tenant moved in?

Re: breach of contract. by Mark (NV) on July 19, 2017 @15:07	[ Reply ]

Thank you! No proof ofhow the house look when the tenant moved in and it is not in the lease agreement that he paid pet deposit but now he is saying he paid1 also in the original lease said tenant paid $150 for cleaning and in did not get that , only i got security deposit!

Re: breach of contract. by Anonymous on July 19, 2017 @15:32	[ Reply ]

Your lease should state what monies were received from the tenant and what they were for. Does the lease list an amount for pet fee or cleaning fee? Was a receipt given to tenant by previous owner? As the tenant has been there for nearly seven years, many things will not be deductible such as the painting and carpeting. Their value is zero due to depreciation. Without proof of previous condition, you will have no facts to back up any security deposit deductions. All in all, you should just accept what the tenant has offered and move on by getting your place back on the market asap.

Re: breach of contract.