Legal Question in Landlord & Tenant Law in Nevada

rent

I recently renewed my lease on a month to month and have been paying owner rent each month. i just received a notice on my door to move in 3 days from bank because owner lost his home. Owner indicated that he was surprise. According to bank he has not paid since Dec but we have paid him each month. Are we entitled to some of our money and do the bank have the right to evict us right away or give us more time to move.


Asked on 6/22/07, 3:11 pm

1 Answer from Attorneys

Adam Breeden Breeden & Herbe, Ltd.

Re: rent

Always check your lease for special provisions if you have a written lease. However, your lease is subject to the landlord's right to the property. If the bank is foreclosing they probably don't have a right to evict you until the foreclosure is complete. They also have to file a formal eviction action but this can be completed fairly quickly in Nevada. The situation is unfair given that the landlord was just pocketing your money, but there is no real remedy for you there--you received the service you bargained for.

You would be able to sue your landlord for damages if you were evicted in the middle of a lease period. However, since you were on a month-to-month lease anyway you don't have many damages since the landlord could have terminated the lease freely. I would contact the bank and try to arrange some extra-legal solution to the problem if you feel you absolutely must stay in the home.

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Answered on 6/22/07, 3:55 pm


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