Legal Question in Landlord & Tenant Law in Nevada
Rent due on 12/26/14. delivered 30 day notice to vacate premises but tenants moved out the night of 12/25-morni8ng of 12/26 without notice but left many large items i.e. wide screen TV, couches, etc. Also found on 12/26 a notice from tenants in another tenant's mailbox a 48 hour to comply notice demanding several premises improvements even though they had signed lease that stated that all was satisfactory with residence. The question is do I have the right to enter the property and clear out left items and ready property for new tenants? Do I have recourse for
damage done by tenants? Do I need to file a formal eviction notice? Do I need to wait for a certain period before taking further action to see if they return for their property?
1 Answer from Attorneys
It would appear from your statement of facts that the tenants terminated the lease by voluntarily vacating the premises. If you were collecting rent on a monthly basis, you need only wait for 2 weeks after learning of the tenants' move-out to consider the unit vacated (see, NRS 118A.450). As of January 9, you may regard the unit abandoned and enter in accordance with whatever terms are in your lease agreement. The personal property left behind is to be treated in compliance with Nevada Revised Statute 118A.460. Upon Googling that up you will find you must store the property for 30 days after they vacated and preserve it for the tenants to return and claim it, should they choose. You may recover your costs of moving them out, storing the items, and any costs to auction or sell or dispose of the property, but only if you attempt to give 14 days' notice of your intentions to dispose of it to the last known address of the tenants or any alternative address you have for them. So, in all, this process will take about 2 months.
Damages must first be paid from any security deposit they gave you and then you may try to pursue them for anything further that you or the home suffered in Small Claims Court. You don't have to evict them if you wait out the abandonment period, but be very careful to fully comply with Nevada law in claiming or getting rid of the property they left behind.
Related Questions & Answers
-
I received an "Itemized List of Damages" by my previous apartment company.... Asked 10/07/14, 1:14 pm in United States Nevada Landlord & Tenants