QUESTION
Do you think I need to hire an Attorney or Paralegal to attend my court date with me?
Asked on Aug 25th, 2012 on Landlord and Tenant Law - Nevada
More details to this question:
I've been renting a condo in Las Vegas for the past 18 months. It was sold due to foreclosure. The Property Mgmt Company gave me a 5 Day Pay or Quit Notice even though I've been paying my monthly rent. I have a lease with my prior landlord, end of my lease is 11/12/12 & monthly rental amount is significantly less than FMV. Court date has been set so a Judge can determine if I should be evicted.
1 ANSWER
R. Christopher Reade
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.
Answered on Aug 26th, 2012 at 4:15 PM