[daveatgso]

Can anyone give me info about laws in Las Vegas regarding apartment evictions? Someone I know who lives there told me that everyone in her apartment complex has been put on notice to vacate by the end of the month due to the owners having some kind of tax problem. I think in North Carolina, a tenant cannot be kicked out like this on such short notice (they can even stop paying rent and not be evicted for 6 months). Do apartment tenants have legal protection against short-term eviction in Las Vegas?

[KonaKat]

As I recall, if you're on a month to month lease, the owner can give 30 Days Notice to Vacate. Don't have to have a reason. If there is a lease that's expiring, say at the end of June, they would have to wait until June 30 then give the 30 Day Notice. You're not being evicted, that's a whole 'nother story. You're being given (hopefully) legal notice to vacate. There is no law that I know of that says an owner cannot give proper notice to tenants to vacate.

You can check on these requirements for various types of notices at the Justice courthouse where evictions are filed. They have all kinds of pamphlets and information there. Each township has their own JC - Clark County, Las Vegas, NLV and Henderson.

Welcome to the Clark County Courts in Las Vegas

No Cause


When the Landlord wants to end a contract with the Tenant and the Lease period has expired, the Landlord must start the Eviction process with a notice that advises the Tenant when the Landlord wants the property available. A Tenant’s 30 Day Notice to the Landlord of the Tenant’s intent of leaving the property can be used by the Landlord as the initial notice. If the Tenant has not voluntarily left by the due date, the Landlord must serve a second notice (Unlawful Detainer notice) to the Tenant that advises the Tenant that they are unlawfully remaining on (detaining) the premises. This type of Summary Eviction is only for individuals, not businesses. A formal Civil Eviction Complaint must be used to evict a business Tenant for no cause.

[ddrhazy]

NRS: CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS

NRS 118A.350 Failure of landlord to comply with rental agreement.
1. Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section. If the breach is remediable and the landlord adequately remedies the breach or uses his or her best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach. If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
2. The tenant may not terminate the rental agreement for a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent.
3. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under this chapter.
4. A tenant may not proceed under this section unless the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice, recover damages under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that the landlord had knowledge of the condition constituting the breach; or
(b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.
(Added to NRS by 1977, 1338; A 1985, 1415; 2007, 1285)

NRS 118A.370 Failure of landlord to deliver possession of dwelling unit. If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in this chapter, rent abates until possession is delivered as required, and the tenant may:
1. Terminate the rental agreement upon at least 5 days’ written notice to the landlord and upon termination the landlord shall return all prepaid rent, security recoverable under this chapter, and any payment, deposit, fee or charge to secure the execution of the rental agreement; or
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained. If the landlord has exercised due diligence to evict the holdover tenant or remedy the condition keeping the new tenant from taking possession, the landlord is not liable for damages; or
3. Pursue any other remedies to which the tenant is entitled, including the right to recover any actual damages suffered.
(Added to NRS by 1977, 1339)

If you have a 1 year lease and you're only 1 month into the lease, you can sue for damages for finding a new place. You cannot stay indefinitely, if you do then you are willingly squatting in a dwelling that you know to have problems.

[daveatgso]

Thanks much for the info. Man I hate legalese. I'm going to have to call the courts.

[ddrhazy]

First you must find out if the apartment complex is breaking their lease. If they are not, you don't have any recourse other than expecting your deposit back if the apartment is returned in the same condition it was first rented to the lessor.

[KonaKat]

Originally Posted by daveatgso

Thanks much for the info. Man I hate legalese. I'm going to have to call the courts.

"the courts" will not advise you. They will point you to the same statute posted above or the link that I gave you.

Do the people have a lease? MTM? Term - as in 6 months with 3 more to go?

Someone who actually lives there can take their Notice to the appropriate Justice Court for their township and file an answer but the question remains --------- Does anyone have more than a month to month lease, or not?

People forget that owners have the right to sell, serve proper notices to vacate, on the property. they own it. Obviously this does not mean one can throw tenants out on the sidewalk but if correct procedure is followed there is no wrongdoing here.

[logline]

This thread = reason #458,345 on why it's better to own than rent

[daveatgso]

Originally Posted by KonaKat

People forget that owners have the right to sell, serve proper notices to vacate, on the property. they own it. Obviously this does not mean one can throw tenants out on the sidewalk but if correct procedure is followed there is no wrongdoing here.

Sure, I understand that. 30-days, though, just doesn't seem reasonable.

Again, Thanks for your help.