QUESTION
can i sue the landlord for violating AB-284, and retaliating against me by giving me a 3 day notice to quit for nuisance?
Asked on Oct 24th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I was a victim of domestic battery in my apartment. I had a 12 month lease and decided to break it because of what happened. under the new law AB-284 I was able to break my lease. I went in to the office of the property management to give my 30 day notice only to be rudely told to "GET OUT" and a firm "NO". I then served them a notice via confirmation mail. 2 days later I received a 3 day notice to quit for nuisance and they accused me of other things! I have been emotionally distressed throughout the whole ordeal and I have lost weight because I am so depressed now. I since moved out and I want to know if I can sue for them giving me a hard time and breaking the law by not accepting my 30 day notice. I practically had to shove it down their throats!
1 ANSWER
R. Christopher Reade
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.
Answered on Oct 25th, 2013 at 1:11 PM