Security deposit

UPDATED: Sep 30, 2022

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Security deposit

I vacated a property and according to the law the landlord needs to refund the security deposit within 30 days. The 30-day mark passed and I haven’t heard anything yet – neither refund, nor itemized statement for

charges. The problem is that I have never met the landlord himself because he has authorized property manager and all correspondence and financial affairs were handled by the property manager. He’s the one who’s holding my deposit I doubt if the landlord knows at all. Can I sue the property manager for illegally holding my security deposit or I need to sue the landlord?

Asked on May 17, 2017 under Real Estate Law, Nevada


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Both the landlord and property manager should be named as defendants in your lawsuit for negligence. Negligence can be established by violating a statute such as the statute requiring refund of the security deposit or an accounting within 30 days of vacating the premises.
 The landlord (employer) is liable for the negligence of the employee (property manager) which occurred during the course and scope of employment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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