Nevada Landlord And Tenant Legal Questions

Michigan does not use a five-day notice. Michigan uses a 7 day notice for non-payment of rent and a 30 notice to terminate tenancy. If you received a 30 day notice then it isn't relevant whether the rent was current at that point in time. Your bankruptcy stayed or stopped all proceedings involving your rent and any notices given to you. Your landlord has to give a new notice.... Read More

The bankruptcy case should have only resulted in the eviction being held in abeyance. So I doubt that you have to be reserved. But it sounds as though no lawsuit has yet been filed. Why not just wait for the landlord to act, the you can raise your defenses [be sure to bring proof of payment].... Read More

Yes, it is legal to restrict or eliminate smoking in individual units and common areas of multi-housing developments. Landlords have legal rights to set limits on how a tenant may use a rental property. For example, they may decide whether tenants are allowed to have pets and the hours the pool is open. A "no smoking" policy is similar to a "no pet" restriction in the lease or pool hours in the common area. It is important to note that a landlord is not unlawfully discriminating against smoking tenants or violating a smoker's fundamental right to privacy when banning smoking in common areas or individual units. Claims to the contrary have no legal basis. There is no law that prohibits designating areas or individual apartment homes as smoke-free (NRS 202, 118, and 207). People who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws. An argument commonly heard is that an individual has a "right to smoke"- when in fact, there is no constitutional or other legal right to smoke.... Read More

While there are some exceptions to the requirement for a written agreement regarding transfer of an interest in real estate, I don't see any that would apply to your situation. It sounds like the only action you took in reliance upon the verbal agreement was the payment of the rental deposit. If the purchase price was below the Fairmarket value of the property, you may have a negligence claim against your own age.... Read More

As a general matter, however, you do not have any right to record a lien just because someone owes you money. Either, the party that owes you money needs to sign something granting you a lien (such as a mortgage or, perhaps, in the case of dues owed to a condominium association, the condominium documents give the association a right to a lien for unpaid assessments) or, if you have a judgment for the amount owed, state statute gives you the right to record a Judgment Lien.... Read More

You have to wait until he gives you a three day notice and then sets the matter for an unlawful detainer action. At that point you can raise the defense that you paid and at trial bring in what evidence [cancelled checks, etc.] you have. You can also raise any breaches of the law; not knowing what violations you claim occurred, I can not say if you can raise them before trial or if they are relevant to the issues at trial.... Read More

A mechanic's lien is usually a real estate lien. A repairman's lien is usually a possessory lien. If you are talking about a car and you let the car out of your possession, I think your lien is gone as well. However, it is subject to state statute so you may want to check with a local attorney.... Read More

A mechanic's lien (actually a garage keeper's lien under the statute) does not get filed anywhere. It is a possessory lien. That is, once the vehicle leaves the mechanic's possession, there is no lien. It is possible for an owner of a vehicle to grant anyone, including a mechanic, a security interest in the vehicle. For titled vehicles, however, the security interest would not be valid unless noted on the title.... Read More

I am not certain what your question is.  An apartment complex may tow a vehicle if (a) the vehicle is parked in an unauthorized manner on the property; (b) a licensed towing company is employed; (c) the police have been notified regarding time, date, location of towing; (d) the property has signs alerting the public of prohibitions or restrictions in parking; and (e) alerts the public of the telephone number for any towed vehicle or law enforcement agency. NRS 487.038.... Read More

If your Landlord has failed to return the security deposit or to properly account for the same within 30 days after the end of a tenancy pursuant to NRS118A.242, the landlord is liable to the tenant for damages: (a) in an amount equal to the entire deposit; and (b) for a sum to be fixed by the court of not more than the amount of the entire deposit. The sum awardable to the Tenant pursuant to NRS 118A.242(6) is determined by Landlord's good faith and the degree of harm caused by Landlord's conduct. You can bring an action in Justice Court since most security deposits are small enough to fall in the Justice Court jurisdiction, either Small Claims Division or Civil Division.... Read More