Legal Question in Landlord & Tenant Law in Nevada
Stay of Eviction process
My husband and I recieved a 24 hr eviction notice on our door 8/29/07. Per advise we went to the justice court and asked to file an opposition to get more time to vacate because the landlord would not answer any of our calls we placed since recieving our 5 day notice. The lady there had us fill out a ''motion to place on calendar'' and stated that a judge had to accept the request and if it was not approved we would recieve a phone call, which as of yet we haven't recieved one, and that if it was approved we would recieved something in the mail giving us a court date. We are basically in limbo, and trying to plan where we can go and how long we have to get our family and belongings out. Do you have any idea how long the decision on whether this motion is accepted or denied might take? and if it is approved, do we have until the court date to either vacate, pay what is owed, or go to court? We are devestated by this action, and had been waiting for a response from our landlord, who lives out of state and the only contact we have is a cell phone number, to see what we could work out as far as what we owe without is coming to this point. Thank you in advance for any help you can provide and for a speedy response.
1 Answer from Attorneys
Re: Stay of Eviction process
Typically, you should receive a notice from Las Vegas Justice Court giving you a court hearing to resolve your landlord/tenant matter.
If you receive a Court Date, your landlord may not proceed on eviction proceedings until after the Judge rules on your case.
If you are able to cure your dispute with your landlord prior to court you have that right. If your landlord accepts any payments as satisfaction of your debt, he may not continue eviction proceedings.
However, the landlord has the right if he so desires to refuse your money and take his chances in court.
Our office assists people in eviction proceedings. As we are sensitive to tenants' financial situations we offer flat fees, reduced hourly rates, and payment plans for all clients.
We offer free consultations regarding these matters; if you'd like to come in and speak to an attorney contact my office at your convenience.
Best Regards,
Jim Herbe
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