QUESTION
I was just served a second 5 day notice. Do I have to file an answer to this one too?
Asked on Jan 09th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I have a Case number for the first notice. now my landlady has filed a second 5 day notice almost a week later with a higher amount owed. prior to receiving her 2nd 5 day notice in person, she requested her monthly rent. was I correct in denying her request since I have a case number already? also the rent that owe was during a period my original lease was expired. we signed a new 2 year lease in April of 2012. although I was making payments on my past due amount, am I required to pay that rent in addition to the late fees during the period my lease was expired?
1 ANSWER
R. Christopher Reade
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.
Answered on Jan 09th, 2013 at 3:57 PM