Nevada Landlord And Tenant Legal Questions

You get sued..this is 100% illegal in NC. DO NOT do this. I used to represent tenants in situations like this. You could be sued for severe damages including the loss of their property, the rental value of the home in which you removed them from, and unfair trade practices, which triples their damages. So your tenant doesn't pay and you don't get $800.00 (estimated number). You can go to Court and file for eviction and get them out legally and get a judgment for the $800 and your costs. If you conduct an illegal eviction, you could be looking at a judgment against for you potentially tens of thousands...it is that serious.... Read More

Do you have to file another Answer to the new 5 Day: Yes, before noon on the 5th judicial day following service of the Notice. Were you correct in refusing to pay accruing rent while there is an open case number related to the first 5 Day Pay or Quit Notice: Probably not. Are you required to pay rent today for a period prior to renewal of your Lease in April 2012:  The answer is difficult to assess and clearly should have been spelled out in your new Lease when it was executed.  There is an argument which can be made that the Landlord in signing a new lease on new terms settled on an accord and satisfaction of any further amounts due in order to induce you into the new Lease.  You really should have your lease reviewed by counsel to educate you regarding your rights and defenses.... Read More

The answer for a commercial lease is very different than that of a residential lease in the State of Nevada.  In a residential lease, the landlord must keep the property in a habitable condition.  A property is generally not habitable if it violates housing or health codes concerning the health, safety, sanitation or fitness for habitation or lacks (1) weatherproofing; (2) water supply connected to a sewage disposal system in working order (to the extent that the landlord can control the same); (3) HVAC; (4) adequate lighting and electrical services; (5) trash recepticles; (6) cleanliness and maintenance of common areas; and (7) structural elements maintained in good repair. The fact that the toilet has yellow rings and toilet paper issues is most likely not a habitability issue.  In many cases the Landlord will have you do a walkthrough a raise any habitability questions at the outset through a walkthrough list.  Nonetheless if you believe that you have a habitability issue, you should give your landlord written notice that the landlord has 14 days to remedy or make a good faith effort to remedy the problem, including your right to terminate the rental agreement if the habitability issue is not repaired or repair the problem and deduct the cost of repair from the rent.  You must give the Landlord the opportunity to repair the issues.  Furthermore the parties can agree in the Lease to require tenants to make specified repairs, maintenance tasks and minor remodeling.  Therefore the habitability remedies only apply to habitability issues and does not apply for simple repairs.  ... Read More

Your question is unclear regarding (a) who entered and (b) for what purpose, as well as whether this is a residential or commercial lease. Presuming that it is a residential lease, most residential leases define the rights of entry in the Lease Agreement. Furthermore NRS 118A.330 defines that Landlords shall have access to the dwelling unit and that Tenants shall not unreasonably withhold consent to allow Landlords to (a) inspect the premises; (b) make necessary or agreed repairs, decorating, alterations or improvements; (c) supply necessary or agreed services; or(d) show the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, contractors or other persons with a bona fide interest in inspecting the premises.  Furthermore Landlords are allowed to enter without consent in cases of emergency.  Landlords cannot abuse these rights of access and are expect to give Tenants at least 24 hours notice (except in cases of emergency). While the Landlord may have rights of access, you may have a claim for the wrongful theft of your personal property by the Landlord or its agents.  The issue is going to be with being able to prove that the Landlord is the actual culprit who took the missing items.  You may be ahead to to check with your renters insurance (if you have such coverage) for theft coverage.  ... Read More

The answer is that your remedies, rights and obligations are largely contained in your lease agreement.  Without knowing how much time is left on your lease, how much the monthly rent is and how much of a security deposit you have posted, the remedies are difficult to recommend.  The most prudent course of action is to meet with your Landlord and explain your situation.  If you are truly destitute, many landlords make the business decision to settle the claims through either retention of the security deposit or a de minimis cash buyout.  Of course you can always pursue either assignment of the lease to a new tenant (which usually requires Landlord permission) or subleasing the Subject Property (which often times also involves landlord permission).  Read your lease to determine the viability of these alternatives.... Read More

The lease granted you an interest in the Subject Property.  Therefore the new owner/landlord most likely has purchased the property subject to your Lease and will be obligated to honor the lease on the same terms therein, unless there is a provision in your lease agreement which states that the Landlord reserves the right to terminate the Lease upon sale of the property (highly unusual).  However if you are a good tenant who keeps up the property, the Landlord will most likely want to keep you as a tenant.... Read More

A term of a lease and time periods for notices to terminate is generally determined by the lease itself. You indicate that you have not signed a new lease agreement in 13 years; however you are very likely still under the original lease agreement (which probably had a holdover provision).  Even the absence of a holdover provision, your lease most likely has been renewing month to month.  Determining whether there was a written contractual lease agreement and whether it is still effective will most likely determine the answer to your question regarding the amount of notice (if any) which was required.  However the general answer is that notice should be given at least one month prior to termination for a month to month tenancy.  NRS 118A.210 provides "Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month." Usually the amount of notice which you are required to give prior to vacating is defined in the Lease Agreement and (on a month-to-month lease) is a full month. You have inquired about responsibility for damage.  The landlord is able to withhold security deposits and/or charge you for damage which constitutes a default under the lease.  The landlord is not entitled to charge you for normal wear and tear.  The landlord is required to provide the tenant with an itemized written accounting of the disposition of the security deposit no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant. The Tenant has a right to dispute the accounting by sending a written response within 30 days after receiving the itemized written accounting. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord may be liable to the tenant for damages.... Read More

If a tenant gives notice but fails to vacate, the Landlord should commence eviction proceedings.  More specifically, if you have a written lease agreement which calls for periodic rent, serve your Boyfriend with a 5 Day Pay or Quit Notice and evict him as you would any other tenant who failed to pay rent in accordance with a lease.... Read More

A paralegal cannot attend court hearings and cannot conduct any work which would constitute the practice of law.  NRS 7.285 provides that this is not merely prohibited but actually is a misdemeanor.  If you wish to be represented, hire licensed Nevada counsel. With that being said, you may be able to represent yourself in this matter.  As for tenancy rights after foreclosure, Tenants can choose to end the tenancy and voluntarily leave after the foreclosure. NRS 40.255.  If the Tenant wishes to continue the tenancy, Tenant may continue to comply with the lease agreement until expiration of the lease.  The new owner is required to provide a 90 day notice of termination to the Tenant after foreclosure of election to terminate.  If the new owner provides proper notice, Tenant will not have a defense to the eviction but can ask the Court for additional time to relocate.... Read More

A Landlord cannot collect damages from you for lost rents during a period that the Landlord is likewise collecting rent from another Tenant (or double recovering).  In any breach situation, Landlords are entitled to recover lost rents for the period of time for which the premises is otherwise unrented (plus any reduced rents which are received in mitigation of the damages).  However Landlords have a duty to mitigate their damages. With that being said, and with the caveat of not reading your Lease, there is a strong possibility that the "Inadequate Notice Fee" is characterized in your Lease as liquidated damages.    Liquidated damages are a set sum which a party to a contract agrees to pay if he/she breaks some promise and which, having been arrived at by a good faith effort to estimate the actual damages that will probably ensue from breach, is recoverable as agreed-upon damages if breach occurs.  In other words, rather than waiting for a breach to figure out what the actual damages are, the parties agree ahead of time to set a flat amount of damages.  A liquidated damages clause is assumed to be valid unless the challenging party proves its application amounts to an unenforceable penalty, meaning that the liquidated damages are disproportionate to the actual damages sustained by the injured party.... Read More

 Nevada law treats abandoned property differently for commercial leases than residential leases for dwellings.  NRS 118A.030 defines “Abandoned property” as property which is left unattended on the premises after the termination of the tenancy, unless the owner of the property has expressed an intent to return for the property.  NRS 118A.460 defines to protocol for handling abandoned property for residential leases.  The landlord in a residential lease may dispose of personal property abandoned on the premises by Tenant (or left after eviction) so long as the Landlord provides for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period.  The Landlord may charge and collect the reasonable costs for moving and storage before releasing the property to the Tenant. The Landlord however may be liable to the Tenant for the landlord's negligent or wrongful acts in storing the property. After the expiration of the 30-day period, the Landlord may dispose of the property and recover Landlord's reasonable costs out of the property so long the Landlord can show that Landlord has made reasonable efforts to locate Tenant, has notified the Tenant in writing of Landlord's intention to dispose of the property and 14 days have elapsed since the notice was given to the Tenant. The notice must be mailed to the Tenant at the Tenant's present address; if that address is unknown, then the Notice should be mailed to Tenant's last known address.  The exception is disposal is for vehicles, which are handled differently.... Read More

Nevada law requires that residential leased property be habitable at the commencement of the rental term. NRS 118A.280. "Habitable" is defined in NRS 118A.290 as:               1. Must be in compliance with all housing or health codes; and               2. Must have: Effective waterproofing and weather protection of the roof, walls, windows and doors. Plumbing facilities to Code when constructed and maintained in good working order. A water supply which is capable of producing hot and cold running water, with appropriate fixtures; and connected to a sewage system. Adequate heating facilities installed to Code when installed and which are maintained in good working order. Electrical lighting, outlets, wiring and electrical equipment which conformed to Code when installed and which are maintained in good working order. Adequate  receptacles for garbage and rubbish. The landlord is responsible for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise. Building, grounds, and common areas in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin. Floors, walls, ceilings, stairways and railings maintained in good repair. Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord. Two keys points to keep in mind in this definition relative to the question posed. (1) The Landlord is responsible to deliver habitable space to the Tenant at the outset of the lease; however the manner in which the Tenant maintains the premises after taking possession can be the tenant's responsibility. (2) The Landlord has an ongoing duty to maintain the common areas and building free of rodents, insects and vermin. Therefore your ability to assert a habitability violation requires proof that the roaches arise from the common areas and lack of maintenance related thereto and not from the inside of your unit.  NRS 118A.355 and 118A.360 provide that the Landlord has 14 days after receipt of written notice to remedy the habitability issues before a Tenant can consider termination of the lease or repairing certain violations on their own.... Read More

Your previous counsel did a good job of advising you regarding this situation.   NRS 118A.400  provides that, where there is damage or destruction of residential rental unit by fire or casualty to such extent that enjoyment of the dwelling unit is substantially impaired, you have the choice:       1.    immediately vacate the premises and notify the landlord within 7 days after the casualty  of your intent to cancel the Lease; or        2.    vacate the part of the unit rendered unusable, and pay reduced rent in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit. You cannot have deliberately or negligently caused the casualty to invoke this section.  You have very strong defenses to any attempted eviction by the Landlord.  ... Read More

So long as you gave your Landlord timely written notice of your intent to depart (and can show delivery to and/or receipt by the Landlord) and so long as you timely left the premises, you have strong defenses should your Landlord ever decide to pursue you.  The only potential bases which the Landlord might consider pursuing is if the Landlord believed that the roommate was a subtenant of yours and thus you have failed to deliver the premises back to the Landlord.... Read More

In Nevada, in order to complete a summary eviction pursuant to NRS 40.253 for the non-payment , a landlord is required to serve the tenant with a 5 Day Pay-or-Quit Notice.  The tenant then has 5 judicial days (not calendar days) to either (a) pay the rent specified in the notice or (b) to file an Answer with the appropriate Court setting forth the reasons that the Tenant does not owe the rent as so specified.  If the Tenant files a timely Answer, the Court will then await the Landlord's Complaint for Summary Eviction and set a hearing shortly thereafter.  Should the Court rules against the Tenant, the Tenant can then seek (a) a stay of the Order to allow an orderly departure from the Property and/or (b) an Appeal of the Order to a higher Court (which can also include a stay).  The nature of the appeal and bond which must be posted generally differs between residential and commercial evictions.  While every case is fact specific, there are a number of matters in which residential tenants have successfully forestalled eviction for over 60 days from the date of the Notice. ... Read More

Air conditioning in Las Vegas in the summer is a definite habitability issue. NRS 118A.290 defines habitability of a dwelling unit and includes air conditioning (as long as the unit had air conditioning when leased) as a habitability issue. If the unit is thus rendered uninhabitable, you may withhold rent, and deduct the amount of rent for the days of uninhabitability from the next month's bill. In your position I would inform the landlord of that intention, along with a printout of that section of the NRS, as I suspect you'd rather have a working air conditioner than the rent rebate.... Read More

In the State of Nevada, a term of a lease and manner in which it renews at the end of a lease period is generally determined by the lease itself.  You indicate that you did not have a written lease but were "month to month."  Later you state that you did not believe that the contract applied.  Determining whether there was a written contractual lease agreement, and the provisions of the same, will most likely determine the answer to your question regarding the amount of notice which was required. NRS 118A.210 provides "Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month."  Usually the amount of notice which you are required to give prior to vacating is defined in the Lease Agreement and (on a month-to-month lease) is a full month. You have inquired about your security deposit.  Once again, disposition and application of a security deposit is usually defined in the Lease Agreement.  NRS 118.242 provides the appropriate disposition of a security deposit upon the end of a tenancy, at which time the landlord may claim from the security deposit such amounts as are reasonably necessary to remedy (a) any default in the payment of rent; (b) any damages to the premises caused by the tenant other than normal wear and (c) to pay the reasonable costs of cleaning the premises. The landlord is required to provide the tenant with an itemized written accounting of the disposition of the security deposit no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant.  The Tenant has a right to dispute the accounting by sending a written response within 30 days after receiving the itemized written accounting.   If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages as provided in the statute.... Read More

The covenant of quiet enjoyment is implied in all residential leases in the State of Nevada.  It does not necessarily require an express clause.  The purpose of the covenant of quiet enjoyment is to secure tenants against the acts or hindrances of landlords. The covenant of quiet enjoyment generally is interpreted to secure the Tenant against the acts or hindrances of the Landlord and thus requires that the Landlord refrain from voluntarily impairing the character and value of of the property. Therefore, to prove a sufficient issue for breach of the covenant of quiet enjoyment, the tenant needs provide evidence demonstrating constructive eviction; actual eviction is not required.  The key point in these standards however is that the covenant of quiet enjoyment is a covenant between Landlord and Tenant and requires a voluntary act.  The situation that you are articulating appears not to be a breach of quiet enjoyment by the Landlord but an active nuisance by the neighbor which you could seek to enjoin.  Furthermore the property ownership interest that you indicate appears to describe a manufactured home, which often is part of a park which has rules and regulations and a tribunal through which you could seek to enforce your neighbor's violations.... Read More

You would need to review your lease to see what it provides for in case of breach or default. Under the circumstances, you are ordinarily liable for the remainder of the balance for the term of the lease, minus an offset for any rents received by the Landlord in mitigation of the breach. For example, assume that you have 10 months left on your lease at $800 per month. The Landlord is able to relet the premises after 2 months to new tenants at $700 per month, and thus the Landlord is receiving $100 less per month than if you fulfilled your lease. You would be responsible for (2 months x $800) + (8 months. x $100)= $2,400. You have asked for the course of action to take. This is the amount for which you could legally be held liable. Of course if you have truly moved back to Michigan, the Landlord may have a difficult time collecting this balance from you. So the legalities of liability should be balanced against the practicabilities of collection.... Read More

Any sums allegedly owed for rent are dischargeable in your bankruptcy and should be listed therein.  You should also alert your bankruptcy counsel and Trustee to any claims or causes of action (if any) which you believe you may have against your former Landlord.  To the extent that you are worried about the adverse credit lines from the Landlord and/or its collection agency, you can certainly explain the circumstances to future landlords.  Furthermore the presence of the bankruptcy will likewise have a sufficiently adverse effect on your credit such that a "property collection" would be the least of your worries. ... Read More

The ability to vacate a premises due to constructive eviction is well-settled in the State of Nevada.  Constructive eviction occurs when, through the actions or inaction of the landlord, the whole or a substantial part of the premises is rendered unfit for occupancy for the purpose for which it was leased. One such condition is the responsibility of a Landlord to provide adequate heating and air conditioning.  Failure of a landlord to perform the government-ordered alterations (such as by the Health Department or Building Department) can constitute constructive eviction. The key aspect of constructive eviction is that there must be a duty on the landlord to provide the element of the tenancy for which you are being deprived.  In the case you cite above, you would need to show that the Landlord had a duty to provide adequate security and has failed in that requirement.  Merely because the tenant no longer feels safe in the neighborhood or believes that adjoining properties contain a nuisance beyond the Landlord's control would most likely not rise to the level of a constructive eviction.  ... Read More

A 5 Day Pay or Quit served pursuant to NRS 40.253(1) does not have to be signed by the Landlord or his Agent.  It does not need to be notarized.  However it must be written notice requiring in the alternative the payment of the rent or the surrender of the premises and must (a) identify the court that has jurisdiction over the matter; and (b) advise the tenant of the tenant's right to contest the matter by filing an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent.   ... Read More

A landlord has an obligation under NRS 118A.242 to provide the tenant with an itemized written accounting of the  security deposit and return any remaining portion of the security deposit, to the tenant no later than 30 days after the termination of the tenancy.  Tenant then has 30 days thereafter to send a written response disputing any of the items in the accounting.  Obviously Landlord will have to document any legitimate late fees and that you were timely notified.  You will be able to assert a litany of defenses including waiver by Landlord due to his failure to account therefor.... Read More