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Old 12-25-2007, 07:16 PM
 
3 posts, read 18,365 times
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I currently live in Pahrump and I want to break my one-year lease (I've only been here six months) to move into Vegas. I've been told the laws are tenant friendly and all that will happen is my landlord will get to keep the deposit, which is fine by me. Does anyone know for sure what the lease laws are? I've looked at the Nevada State Code, but it's very vague.It just says the tenant has to abid by the lease. It doesn't say what happens if they don't. Also, my landlord/owner lives in Vegas and the lease states it's for Clark County. I wonder if that makes the lease null and void?

Any info will be most appreciated.
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Old 12-27-2007, 03:57 PM
 
Location: washington state
1 posts, read 6,135 times
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I broke an apartment lease by 2 months in vegas to move to seattle and was threatened by a lawsuit that included interest with back payments.I paid the debt instead of the risk of ruining my excellent credit.
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Old 12-27-2007, 05:31 PM
 
1,174 posts, read 6,286,678 times
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A lease is a contract between you and the property owner. You can be held to the terms of the lease until the owner finds a new tenant. That doesn't mean that they will hold you to the terms, just that they can hold you to the terms. It's up to them.

What does that mean to you? Let's say you have another 6 months to go on the lease. Then, you vacate the property and it takes two months to get it re-leased. You don't owe the 6 months of your remaining contrat term. You will owe the two months it remained vacant.

If they want to pursue you for amount of time it remained vacant, they can. They have to go to court and get a judgemnt against you. Once that's done, they can place a lien on something you own, or attach your bank account or paycheck, or they can let it reside on your credit until it is paid. What they decide to do is up to them and the courts.

IMO, it's best if you talk to your landlord. Perhaps you can work out an arrangement. I know that I've been presented with such things in the past and I've always been able to work something out with my tenants. I've never held them to the terms of the lease, but that's me. If you're lucky, your landlord will be the same.

I hope that makes sense.

Last edited by garth; 12-27-2007 at 06:01 PM..
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Old 12-29-2007, 11:28 AM
 
3 posts, read 18,365 times
Reputation: 11
Default sigh

well, that's a serious bummer on both thread counts. My landlord is very, let's say, unmotivated. I can't imagine she'll be all that willing to let me go. Although, strangely, it took forever just to get her through the process of renting to me. I am still curious if the contract is void since she used a random one from her real estate business that's for Clark Co. and I'm in Nye.

I'll guess I'll try to communicate with her first. Thanks for the advice.
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Old 12-29-2007, 10:35 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 33,341,843 times
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Quote:
Originally Posted by (notso)nutsaboutvegas View Post
well, that's a serious bummer on both thread counts. My landlord is very, let's say, unmotivated. I can't imagine she'll be all that willing to let me go. Although, strangely, it took forever just to get her through the process of renting to me. I am still curious if the contract is void since she used a random one from her real estate business that's for Clark Co. and I'm in Nye.

I'll guess I'll try to communicate with her first. Thanks for the advice.
To find out if the contract is void you would likely have to take it to District Court. You would likely lose there as the District Court tends to be that way...conventional. You could then appeal to the State Supreme Court where you might win...though probably not. That would cost you maybe $10K if you find a cheap lawyer. And you would have to pay the legal bills of the other side if you lost. So say a 20K risk.

You think it worth it?
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Old 12-30-2007, 10:44 AM
 
5,598 posts, read 17,335,492 times
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Good advice has been given to you on this thread, nutso. As olecapt has implied, I'm thinking that the fact that the lease was written on a contract specifying Clark county rather than Nye, wouldn't void the lease. You hear sometimes of such technicalities holding up in traffic court but I'm thinking that it won't have much weight in civil court. Especially if the contents of the contract are essentially the same from each of the counties which I'm assuming will be the case.

Yes, the best solution would probably be to talk it over with the landlord to see if you can work something out. If worse-gets-to-worse, would it be that bad to commute to Las Vegas for the next six months?
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Old 12-31-2007, 10:47 AM
 
Location: Jersey City
416 posts, read 1,577,181 times
Reputation: 107
Quote:
Originally Posted by olecapt View Post
To find out if the contract is void you would likely have to take it to District Court. You would likely lose there as the District Court tends to be that way...conventional. You could then appeal to the State Supreme Court where you might win...though probably not. That would cost you maybe $10K if you find a cheap lawyer. And you would have to pay the legal bills of the other side if you lost. So say a 20K risk.

You think it worth it?
Don't forget that you can always represent yourself in court, but yes, if you lose, you might end up having to pay legal fees for the other side.
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Old 01-04-2008, 06:10 PM
 
3 posts, read 18,365 times
Reputation: 11
Of course it's not worth it. I thought it was too good to be true when people kept telling me the law is on the renter's side. I do believe my landlord is now trying to sell the duplex. Maybe I'll be able to get out that way (if she can even sell it in this market). Thanks for all the advice.

--(notso) nutso
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