QUESTION

Can the property owner evict me for no cause after I make a payment?

Asked on Jan 06th, 2014 on Contracts - Nevada
More details to this question:
I live in Las Vegas Nevada. My property owner has sent me a 30-day "No Cause" Notice to Quit(NRS 40.251). I have been making payments monthly on time for the past 10 years. My last payment for this month was January 1st 2014. I just received this notice today 1/6/2014. She also sent the 5-day to quit for unlawful detainer(NRS 40.254) with it. She has also told me that I have to be out in 5 days because she already accepted money from someone to move them in. I told her, "You just took money from me." She replied, "Oh well." We don't have a lease agreement in paper. I've just been living here for years and paying her for rent. What are my options?
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1 ANSWER

R. Christopher Reade
You have not specified the basis for your tenancy, but we will presume that it is a month to month tenancy. The Landlord's Notices are not entirely correct in form. In a month to month tenancy, the Landlord must provide you with thirty (30) calendar days after service of the notice to vacate and leave the rental unit where the tenancy is not week to week. NRS 40.251(1)(a)(2).  There is an exception if a tenant is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days [or 60 days total] by submitting a written request for an extended period and providing proof of the tenant's age or disability.   The 5-Day Notice that you indicate was served simultaneously is actually to be served at the end of the 30 day period pursuant to NRS 40.254 and is premature at this time.  At the end of the 30 day period (for example February 1, 2014 if you were served at the outset of January 2014) you would be responsible to have vacated the Subject Property.  If you have not vacated the Subject Property, then the Landlord could serve the 5-Day Notice pursuant to NRS 40.254 and seek summary eviction thereafter. 
Answered on Jan 07th, 2014 at 2:38 PM

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