Legal Question in Real Estate Law in Nevada
Being pressured into bad lease.
We have been leasing the same home for over five years. Landlord didn't ask us us to re-new the lease last July, 10 months ago, and have been accepting a month-to-month tenency. He has given me one week to either sign a 12 month lease with a substantial rent increase, or give 30 days notice to vacate. We're trying to find a home to buy but we need more time. Can he force us out even though we have been paying our rent on time every month? We have been model renters, keeping the property in great shape and we've never been late with the rent payment.
1 Answer from Attorneys
Re: Being pressured into bad lease.
Given that your tenancy is now on a month-to-month basis, your landlord is required only to give the full 30 days notice to evict you, except for cause (like non-payment of rents). Note that this is 30 days from your next rent due date, not just 30 days from the day he decides he wants you to move. For example, if you are paying on the first of each month, and he decides on June 22 to evict you, you may finish out your current month (June) before the 30 days begin to tick off -- thus the notice would require you to move on or before August 1. Under a month-to-month tenancy, you have no claim to the property beyond this "proper" 30 day notice. It appears your options are to sign the new lease and pay the increased rent for another year, move out when he directs (subject to the 30 day notice), or try to negotiate a continued month-to-month with the landlord. I guess you really need to hustle on that house-hunting mission!
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