Legal Question in Landlord & Tenant Law in Nevada

Landlord Suing For Damages

We rented a home 10/06 to 4/07. There was never a lease signed. In April, we decided to move out. The landlord refused to return the deposit, citing ''breach of contract.'' We took him to court after attempting to mediate, and won our case for our security deposit, with a $500 penalty and attorney fees. He stated there were $3200 worth of damages when we moved out, but the judge said he needed to do an accounting within 30 days of us moving, which he didn't, and file a counterclaim. On 10/22/07, we received a letter demanding payment for $3300 worth of damages, and another with the Small Claims Affidavit saying he was suing us. We moved from N Las Vegas to Chicago before our case against him, and now we're being summoned to N Las Vegas for court for a case we feel shouldn't have been filed. Are we obligated to show even though we were not living or working in that jurisdiction at the time of filing? And, can he even sue us for these damages when he never submitted an itemized list of damages being deducted from our security deposit? What can we do?


Asked on 11/05/07, 12:38 am

1 Answer from Attorneys
Jim Herbe Black & Lobello

Re: Landlord Suing For Damages

If you have a prior ruling from Clark County Justice Court dismissing the landlord's damages claim for failure to file an accounting, he would be barred from suing you in North Las Vegas. This concept is known as "res judicata," (basically one ruling on an issue precludes another court from considering it).

You could retain an attorney to make an appearance for you and request the claim be dismissed. My office handles landlord/tenant cases for flat fees of $400.00 + any Court costs. If you'd like to contact my office feel free to at your convenience.

Regards,

Jim Herbe

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Answered on 11/05/07, 12:36 pm


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