THE UNLAWFUL DETAINER

Remember that security deposit and last month's rent are two seperate items.  Security deposit is to cover any amounts owed to the landlord after the tenant has vacated the property and includes unpaid rent, unpaid utilities and late fees and damage to the property.  Last month's rent covers the last month that the tenant resides in the property.  Therefore, make sure that you clearly designate in your lease whether a particular amount is security deposit or last month's rent.

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We often receive questions about what happens if the tenant gives the landlord a Thirty Day Notice and then fails to move out at the end of the 30 Days.  A landlord cannot use a tenant's Thirty Day Notice to evict them; the landlord must serve their own Thirty Day Notice on the tenant.  Therefore, it is always good policy to serve a Thirty Day Notice on the tenant once they have served one on you.

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As the weather gets warmer, various pests are waking up from their winter naps and may be invading your rental properties.  Under the Nevada Revised Statutes, tenants are entitled to withhold rent if the landlord is reponsible for pest control and fails to keep the rental property vermin-free.  Therefore, check your leases to see who is responsible for pest control -- the landlord or tenant.

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