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Old 01-02-2013, 06:39 PM
 
23 posts, read 33,050 times
Reputation: 25

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I've lived in Las Vegas for 32 years and 8 years at my current apartment with 0 problems or late rent. I had a water problem and rented a room at the Sportsman Royal Manor on Boulder Highway and stayed about 1 month while my apartment dried out. I paid my last weeks rent on 11/10/12 and told the clerk I would be leaving on 11/17/2012. This is noted on my receipt and says 10/13/2012 arrival and 11/17/2012 departure.

17 days later they evicted me and claim someone paid some rent for that room in my name but they don't know who. I ask why didn't security knock on that door or the front desk try to get a hold of me, I gave them my home address and cell number during check in. The manager claims I owe them $670.00 and I checked the court and I have an eviction on my record but the court clerk can't read the scribbled signature. The manager says he served the eviction and someone inside the room answered and signed the notice but he can,t remember anything more about it. He can't tell me where the notices he posted are but it was written and served to whom ever was in the room. I have mailed him my rent receipts for my apartment for oct, nov and dec. Is there anything I can do before this goes to collections and ruins my credit. Thanks in advance
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Old 01-02-2013, 07:15 PM
 
12,973 posts, read 12,142,160 times
Reputation: 5398
Quote:
Originally Posted by jeffman_53 View Post
I've lived in Las Vegas for 32 years and 8 years at my current apartment with 0 problems or late rent. I had a water problem and rented a room at the Sportsman Royal Manor on Boulder Highway and stayed about 1 month while my apartment dried out. I paid my last weeks rent on 11/10/12 and told the clerk I would be leaving on 11/17/2012. This is noted on my receipt and says 10/13/2012 arrival and 11/17/2012 departure.

17 days later they evicted me and claim someone paid some rent for that room in my name but they don't know who. I ask why didn't security knock on that door or the front desk try to get a hold of me, I gave them my home address and cell number during check in. The manager claims I owe them $670.00 and I checked the court and I have an eviction on my record but the court clerk can't read the scribbled signature. The manager says he served the eviction and someone inside the room answered and signed the notice but he can,t remember anything more about it. He can't tell me where the notices he posted are but it was written and served to whom ever was in the room. I have mailed him my rent receipts for my apartment for oct, nov and dec. Is there anything I can do before this goes to collections and ruins my credit. Thanks in advance
YOu are up against the standard problem - the system. Try..

http://www.lacsn.org/images/lt_aal_flyer_new.pdf

What you need to do is file a document with the court asking that the matter be reopened as you were not served. The trick is to figure out which document..and how to file it.

I expect you win easy...but you have to figure out how to play.
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Old 01-02-2013, 07:48 PM
 
23 posts, read 33,050 times
Reputation: 25
Thanks for your reply Ivoc. I did run across that link and was going to go check it out. I need all the help I can find. Thanks again
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Old 01-03-2013, 07:48 AM
 
23 posts, read 33,050 times
Reputation: 25
Quote:
Originally Posted by lvoc View Post
YOu are up against the standard problem - the system. Try..

http://www.lacsn.org/images/lt_aal_flyer_new.pdf

What you need to do is file a document with the court asking that the matter be reopened as you were not served. The trick is to figure out which document..and how to file it.

I expect you win easy...but you have to figure out how to play.
Hi lvoc, if you see this, I'm thinking the form for me to file is a Motion To Stay And/Or Vacate Order For Summary Eviction. I also need to go down to the court house and pick up a copy of this notice because the court clerk told me it has a signature on it but she can't read it. I'm wondering if I have to fill out a Declaration of Lost/Destroyed Notice If you don't mind me asking or answering me.
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Old 02-02-2013, 04:54 PM
 
23 posts, read 33,050 times
Reputation: 25
Anything new to add

I went to a free meet with a laywer at the court house. He said wait for them to make the next move. I don't like to wait. I filed a BBB complaint last week.

I picked up the copies from court - The 5 day notice they filed in justice court and under the tenants signature, it’s signed by a female who’s writing looks a lot like the female who signed as a witness. Not my signature

Thay made no attempt to contact me even to this day. Their manager (Mike) claims he evicts over a hundred people a month and can't remember much about this eviction or where the notices he claims to have posted are.
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Old 02-02-2013, 10:35 PM
 
Location: Kailua Kona, HI
3,199 posts, read 10,964,715 times
Reputation: 3379
BBB is a waste of time. Forget looking there for action.

I served Notices and filed hundreds of legitimate evictions for LL's and property managers in Las Vegas for 8 years. So, listen up! File the counterclaim referred to in a previous post and get a hearing date. The first thing that I noticed in your original post is the business of someone "signing for" the Notice. This is not required under Nevada statute unless they have changed things a lot since I left. Secondly, exactly what type of Notice was supposedly served? A 5 Day Pay or Quit? A 3 Day Nuisance? A 30 Day "No Reason"? Is the Affidavit of Service notarized? (required)

If you will go to the Justice Court where this eviction took place, they will give you all the information that you need to choose the correct forms, but I would take advantage of the free Legal Aid 15 minutes if I were you. It's still confusing to the lay person when staring at 50 different forms that look similar. The clerk will not and cannot give you any advice but they will give you booklets or pamphlets etc about the procedure.

See him in court, you will win.

It's stories like this that really make me mad! these unprofessional, nefarious "landlords" do this dozens of times to unsuspecting and unknowledgable persons knowing that 99.9% of them will never know how to reverse this action. Which is not that hard considering what you have said, they have done everything wrong from square one.

When it is over, be doubly sure that this eviction is removed from your "record" so to speak and keep an eye on your credit report closely for a year or two. Sometimes they take awhile to show up, and even longer to come off once they get there.
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Old 02-03-2013, 09:16 AM
 
Location: Paranoid State
12,685 posts, read 9,432,561 times
Reputation: 14942
Quote:
Originally Posted by KonaKat View Post
... It's stories like this that really make me mad! these unprofessional, nefarious "landlords" do this dozens of times to unsuspecting and unknowledgable persons knowing that 99.9% of them will never know how to reverse this action. ...
Just out of curiosity, what is the incentive of the landlord to do this?
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Old 02-03-2013, 09:37 AM
 
23 posts, read 33,050 times
Reputation: 25
Quote:
Originally Posted by SportyandMisty View Post
Just out of curiosity, what is the incentive of the landlord to do this?
Thanks for your reply. I wish I knew. I have to go through this and all he can tell me is he can't remember anything about my eviction because he evicts over 100 people a month. (mod cut )He makes no sense. I ask, where's my copies of this eviction, he don't know. Why didn't you call my cell phone or send a letter for 17 days, my phone and address were right on the check in paper, he don't know. Why didn't you knock on that room with your security staff in 17 days, I could have been dead in there, he don't know. He just keeps saying sorry, would you like to make payments on the $640 you owe us. They rent daily and weekly rooms yet it took him 17 days to go in that room.

Last edited by observer53; 02-03-2013 at 12:36 PM..
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Old 02-03-2013, 09:47 AM
 
23 posts, read 33,050 times
Reputation: 25
Quote:
Originally Posted by KonaKat View Post
BBB is a waste of time. Forget looking there for action.

I served Notices and filed hundreds of legitimate evictions for LL's and property managers in Las Vegas for 8 years. So, listen up! File the counterclaim referred to in a previous post and get a hearing date. The first thing that I noticed in your original post is the business of someone "signing for" the Notice. This is not required under Nevada statute unless they have changed things a lot since I left. Secondly, exactly what type of Notice was supposedly served? A 5 Day Pay or Quit? A 3 Day Nuisance? A 30 Day "No Reason"? Is the Affidavit of Service notarized? (required)

If you will go to the Justice Court where this eviction took place, they will give you all the information that you need to choose the correct forms, but I would take advantage of the free Legal Aid 15 minutes if I were you. It's still confusing to the lay person when staring at 50 different forms that look similar. The clerk will not and cannot give you any advice but they will give you booklets or pamphlets etc about the procedure.

See him in court, you will win.

It's stories like this that really make me mad! these unprofessional, nefarious "landlords" do this dozens of times to unsuspecting and unknowledgable persons knowing that 99.9% of them will never know how to reverse this action. Which is not that hard considering what you have said, they have done everything wrong from square one.

When it is over, be doubly sure that this eviction is removed from your "record" so to speak and keep an eye on your credit report closely for a year or two. Sometimes they take awhile to show up, and even longer to come off once they get there.
Hi, thanks for your reply. I did get all the papers and the free laywer meeting but he says I only had 5 days to answer that eviction. There is a lot of free help for people being evicted but thats when they're in the place and been served. The free laywer told me I'm in a tenis match and wait for them to make the next move. I can't wait, I know their next move, collection agency, mark my credit report and my 13 credit cards (I have lived on the past 2 years because I've been out of work) lower my limits to my current balance and I'm homeless. I know it $70 dollars to file an answer but he say's I'm to late. I'm open to any ideas. Thanks again for the replies.
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Old 02-03-2013, 10:35 AM
 
Location: Kailua Kona, HI
3,199 posts, read 10,964,715 times
Reputation: 3379
I have a hard time believe that lawyer said there was nothing you could do. I guess that's what you get for 15 free minutes.

You may be able to sue him in Small Claims court for the full amount plus court costs and when they ask you to go to mediation, say you'll settle for court costs and having the other case overturned. But that's for an attorney to tell you. This is not legal advice. I am not an attorney.
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