Nevada Landlord And Tenant Legal Questions

Your romomate is in Guam but is not taking up any space or using any utilities, while still agreeing to be responsible for part of the rent.  Some people might say that this is the best roommate one can have.  However if you have decided to terminate her sublease of the space, you can proceed through eviction and termination of her tenancy just as any other landlord would do to a tenant.... Read More

If you are not on the lease to the residence, the landlord has no contactual rights to sue you for breach of the lease agreement.  Some landlords assert that because you continued to occupy the residence that there is either a quasi-contractual relationship or grounds for an equitable suit such as unjust enrichment.  Most likely the Landlord's remedies are only against the persons on the Lease Agreement.... Read More

You have asked whether NRS 118A.340 provides you relief. This statute provides the right of tenant to terminate lease due to physical or mental disability by tenant giving the landlord 30 days' written notice within 60 days after the tenant relocates. The written notice provided to a landlord must set forth the facts which demonstrate that the tenant is entitled to terminate the lease, including reasonable verification of the condition of the tenant and why it requires the relocation of the tenant from his or her dwelling because of a need for care or treatment that cannot be provided in the dwelling. The other statutory basis which you might consider is pursuant to NRS 118A.290 related to habitability, under which the landlord must maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit. Section (h) provides that "Floors, walls, ceilings, stairways and railings [must be] maintained in good repair."... Read More

You should continue paying your rent to the Owner who has the rights to the Subject Property.  This does not mean that the PMC may not commence eviction proceedings against you; however the PMC is merely an agent for the Owner.   Should the PMC wrongfully commence eviction proceedings, you will have an absolute defense so long as the rent has been properly paid to the Owner.... Read More

As you indicate, NRS 118A.242 provides that, upon termination of the tenancy, the landlord may claim such amount from the security deposit reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damage (other than normal wear) and to pay the reasonable costs of cleaning the premises.  The landlord shall provide the tenant with an itemized written accounting of the disposition of the security deposit and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy.  If the Landlord did not provide you the Statement, you can bring an action for the remainder/entirety of your security deposit, the landlord can be held 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. NRS 118A.242(6).  There is no treble damages provision under this statute.... Read More

Except in cases of "emergency" (which the facts in your question did not indicate), the landlord may only enter after giving you two days advance notice. (See ARS Section 33-1343.D). If the landlord abuses the landlord's right of access, the tenant may sue the landlord for: (1) an injunction to prohibit future conduct AND (2) damages in an amount equal or greater than one month's rent. As an alternative to an injunction, the tenant may terminate the lease and vacate. (See ARS Section 33-1376). Before terminating and moving, however, I recommend sending a 10-Day Notice of Material Noncompliance. (See ARS Section 33-1361).... Read More

Title insurance companies can ask why you are moving to their state since they will be on the hook so to speak in terms of any defects in the title that they insure. Hence, in general they have the right to ask, and you have the right to refuse. If this title company won't cooperate, insist upon changing title companies.... Read More

The landlord must keep the property in a habitable condition.  A property is not habitable when it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or lacks (amongst other things) adequate cleanliness of the building and grounds at the commencement of the tenancy.  If the landlord does not keep the unit in a habitable condition, then the tenant should give the landlord written notice of the problem and 14 days to remedy the problem.  The written notice must also inform the landlord of Tenant's rights to terminate the rental agreement (and receive refund of all prepaid rents and deposits), repair the problem and deduct the cost of repair from your rent, recover actual damages or withhold rent.   You may also report the condition of the residence to local housing authorities for their intervention.... Read More

While it is unfortunate that the Landlord has acted this obstreperously, claims such as those at bar usually hinge upon the damages which such conduct causes. However AB284 also amended NRS 118A.510(h) was added/amended to state that the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (h) the tenant or, if applicable, a cotenant or household member, is a victim of domestic violence or terminates a rental agreement pursuant to [AB284].  If the landlord violates this provision, the tenant has a defense in any retaliatory action by the landlord for possession and is entitled to recover the tenant's actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.... Read More

A 5 Day Pay or Quit Notice is the first step in an eviction but is not an eviction unto itself.   As you now know, the eviction was completed when a Complaint for Summary Eviction was filed for your address without an Answer being filed.  The more pressing issue in your question is responding and defending your claims in the Small Claims action, including deciding whether you want to file a Counterclaim arising out of the problems which you experienced with the unit.... Read More

I don't know New Hampshire law, so you need a local attorney. I know an excellent lawyer in New Hampshire. You will need to look at the lease. If it is still in effect, it would govern this question. If you are on a month to month basis, the landlord could demand that you accept a change to the lease or evict you.... Read More

You should have the letter reviewed by an attorney.  A Letter to Vacate sounds much more like a Pay or Quit or pre-eviction notice which will not only not release you from your lease oblgiations but may result in an eviction decision against you.   You need an Agreement releasing you from your lease obligations.... Read More

Your question contains multiple parts to it.  As to the mold in your unit, if the mold is the result of a defective common area or a condition for which the tenant is not responsible under the lease for maintenance, a landlord has a duty to abate the mold and to repair the condition.  Depending on the conditions, you could claim a constructive eviction from the premises.  While your Landlord being rude is not a basis for a claim, the failure to repair a defective condition in the Subject Premises is a basis for a claim. As far as contact information, NRS 118A.260 requires a Landlord to disclose of names and addresses of managers and owners of the Subject Property as well as an emergency contact located in the State of Nevada and within 60 miles of the Subject Premises.... Read More