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If you sell the house, the tenant must move anyways, unless they have a new lease with the new owner. If you used a boilerplate lease, the tenant already agreed to move out if the property is put up for sale. So far as I know, this isn't one of the reasons the moratorium applies to regardless. There is no moratorium on selling houses.
Month to month only requires a 5 day notice to quit in Nevada if I am not mistaken. Again, I don't think moratorium applies because the tenant does not have a lease for longer than 30 days at this point. You should still be able to evict someone who has overstayed their lease without a renewal.
The moratorium doesn't cancel or modify any contracts, it simply puts forbearance on the payment of rent. The lease still ends whenever they signed for. You can decline to renew and they will need to move.
The lease he signes is old and it was for only one year. After that he was just paying me month to month with no contract.we both agree to it,but with words no paper.
The person whos going to be selling my property told me they have to leave first before he could put it up to sale. That i can't kick them out because of the moratorium. Thats what i want to find out,what i can do to kick them out so i can put the house for sale.
Whatever do you start the process of eviction now if you wait you will be waiting a long time as those who start the process in advance will be heard by the courts and constable first. Cash for keys usually does not work as the free rent they are getting is worth way more.
Yea i agree especially right now and since he got laid off from his job.
My question is why are the utilities in your name??
His credit is not that great,so he had to put deposit down. So i was nice enough to put it on my name as long he paid me for the utilities. Bad mistake and lesson learned.
I told him he woudn't have to pay me back the months he owns me,so with that money he can find a new place.
STOP agreeing to any concessions. Under the eviction moratorium, the tenant still has to pay the rent eventually, just can't be evicted right now. Don't give up your rights without concession from them. Quit bargaining or trying to be reasonable, wont work if no force behind it.
STOP paying for his utilities. You have leverage with the utilities - you can just require him to take over the utilities or you turn them off tomorrow - they are in your name and there is no requirement or moratorium on that. I am guessing that they will leave soon after, if not at least your cost is less.
The lease he signes is old and it was for only one year. After that he was just paying me month to month with no contract.we both agree to it,but with words no paper.
The person whos going to be selling my property told me they have to leave first before he could put it up to sale. That i can't kick them out because of the moratorium. Thats what i want to find out,what i can do to kick them out so i can put the house for sale.
You don't need a reason when their lease is expired. If it's month to month, the only reason you need is "I want to end the lease."
I looked at the info about the moratorium yesterday and what I said is correct at the federal level. I don't know about the state because Sisolak extended the state directive for another 45 days. His directive includes expired leases, but in my non-lawyer opinion that's not legal and isn't enforceable. I would absolutely challenge it in court if it were happening to me because once they've been given notice and they overstay they're no longer renters they are squatters. Frankly, I think the moratorium is of dubious legality but then so is this entire debacle.
What should have been done is Sisolak should have extended some sort of rental assistance program to people who became unemployed due to Covid-19, but this is neither here nor there because IMHO our government went completely off the rails some time ago. Federal gave these people additional unemployment funds so there is really no excuse that these people couldn't have at least made partial payments.
STOP agreeing to any concessions. Under the eviction moratorium, the tenant still has to pay the rent eventually, just can't be evicted right now. Don't give up your rights without concession from them. Quit bargaining or trying to be reasonable, wont work if no force behind it.
STOP paying for his utilities. You have leverage with the utilities - you can just require him to take over the utilities or you turn them off tomorrow - they are in your name and there is no requirement or moratorium on that. I am guessing that they will leave soon after, if not at least your cost is less.
If this was already agreed to at lease time, turning off útils is a constructive eviction. You can't change the terms without having the tenant sign a new agreement.
If this was already agreed to at lease time, turning off útils is a constructive eviction. You can't change the terms without having the tenant sign a new agreement.
Except it sounds like doing a favor, not formal agreement. Even if was formal, it would probably be a lease violation to not pay utilities, the moratorium is on paying rent, not utilities. It is not constructive eviction to make them put utilities in their name. It is only 5 day notice eviction for lease violation.
What changed under the newest directive is that landlords can now also file what are called 30-day no-cause evictions. Those can be filed in cases where a tenant’s lease has expired and he or she is now paying rent on a month-to-month basis. They cannot be filed if someone is under a lease.
Delaney noted that while a 30-day notice is allowed going forward for tenants under month-to-month agreements, the moratorium still prevents landlords from filing a seven-day eviction notice for non-payments.
But could people under month-to-month tenancy who are unable to pay their rent find themselves facing that type of 30-day no-cause eviction?
Yes, says Las Vegas attorney Terry Moore of the Marquis Aurbach Coffing law firm.
“The landlord doesn’t need a reason to get their property back,” Moore said. “The law doesn’t require a reason.”
Some leases automatically become month-to-month once the term of the lease has expired, said Moore, who recommended that renters carefully read their lease agreements to know exactly what the terms are.
Those no-cause evictions take several more weeks than a typical eviction for nonpayment, which gives renters just seven days to leave.
A no-cause notice requires landlords to give renters 30 days from the date they were notified they had to move out. After that, they can then serve a five-day unlawful detainer notice, Moore said. But the tenant has the right to challenge that in court, and those hearings usually take place seven to 10 days after that second notice.
Except it sounds like doing a favor, not formal agreement. Even if was formal, it would probably be a lease violation to not pay utilities, the moratorium is on paying rent, not utilities. It is not constructive eviction to make them put utilities in their name. It is only 5 day notice eviction for lease violation.
I doubt a judge will see it that way given that there was already a prior verbal agreement with the tenant, and the one "doing the favor" is the landlord. Furthermore, the extension of the lease also seems to be verbal. Verbal contracts are still contracts, they're just more difficult to defend in court because they aren't documented and people have a way of "remembering" their part of it a little differently when things go south.
The fact that the tenant couldn't secure the utilities on their own was a huge red flag from the outset but that's water under the bridge now. Based on the context, it sounds like the landlord and tenant may have been friends so the landlord offered some concessions to help them out.
Its been my experience in businesses that one should have a policy about things and then stick to their guns. Special requests/exceptions always seem to have a way of coming back to bite you in the ass. Mainly that, the ones who want to negotiate a "special" deal are always the same ones that come back later and want to "negotiate" some more, and more, and more.
My opinion is that the OP should just give the guy 30 days notice, then when he doesn't leave, file the 5 day notice to quit with the court. On day 6 they should be able to have a constable show up and put the tenant's stuff out at the curb and repossess the house. No need for a lawyer unless the tenant challenges the eviction. Frankly, I don't see what they have to challenge. They don't have a long term lease and they haven't paid the one they've got anyways. They don't have any claims under the pandemic extensions, either.
I doubt a judge will see it that way given that there was already a prior verbal agreement with the tenant, and the one "doing the favor" is the landlord. Furthermore, the extension of the lease also seems to be verbal. Verbal contracts are still contracts, they're just more difficult to defend in court because they aren't documented and people have a way of "remembering" their part of it a little differently when things go south.
The fact that the tenant couldn't secure the utilities on their own was a huge red flag from the outset but that's water under the bridge now. Based on the context, it sounds like the landlord and tenant may have been friends so the landlord offered some concessions to help them out.
Its been my experience in businesses that one should have a policy about things and then stick to their guns. Special requests/exceptions always seem to have a way of coming back to bite you in the ass. Mainly that, the ones who want to negotiate a "special" deal are always the same ones that come back later and want to "negotiate" some more, and more, and more.
My opinion is that the OP should just give the guy 30 days notice, then when he doesn't leave, file the 5 day notice to quit with the court. On day 6 they should be able to have a constable show up and put the tenant's stuff out at the curb and repossess the house. No need for a lawyer unless the tenant challenges the eviction. Frankly, I don't see what they have to challenge. They don't have a long term lease and they haven't paid the one they've got anyways. They don't have any claims under the pandemic extensions, either.
Verbal is not written, modifications and concessions of a written lease are not enforceable unless in writing - that is the law in most places. This is a lease converted to a month to month which was likely in the written lease agreement, normally is - that is NOT an extension of a lease. The utilities were probably not in the lease agreement either so can force renter to take over - it is not constructive eviction to force the utilities on the renter.
Even so, can certainly give 30 day notice to vacate with no cause since now is a month to month. I would NEVER rent to someone that could not get utilities in their name.
This is the normal boiler plate in most leases or something similar.
Quote:
CHANGES: No changes, modification or amendments of this Agreement shall be valid or binding unless such changes, modifications or amendments are in writing and signed by both parties. Any corrections, prior to the execution of this Agreement, must be initialed and dated next to correction by both parties. Once this Agreement has been executed by both parties, only an addendum signed and dated by both parties can make changes. No verbal changes allowed.
Technically if lease was up and you did not consent to renew, you can force out now even with the non-payment eviction moratorium. Once the lease is up, you can move to have the tenant vacate. Depends on what your lease agreement says.
End of Lease - no prior notice is required in Nevada at the end of a fixed-term lease, but it is recommended to send the tenant a letter.
Month-to-Month – notice is required at least 30 days prior to a payment date in Nevada for month-to-month leases or “at will” tenants that pay rent month-to-month.
Also - The breakdown of the utilities – who pays which utility, how meter charges are allocated, and if the utilities are included in the rent – must be included in the lease agreement in Nevada. If not, they are not enforceable.
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