[sierramadre44]

Originally Posted by airics

umm the lease goes to a month to month with a 60 day notice to vacate...

Yup, you seem to be quite up on it airics.

BTW, to the other folks, in Nevada a lease can expire and both LL and tenant can go month-to-month under the law. There is really no need for any additional lease to be signed. It is enforceable under the LL/Tenant law.

It is, however, beneficial for the tenant and LL to sign an extension under the original lease terms for several reasons - the LL has a 'guarantee' that their property lease continues to a specific date and the tenant cannot be 'put out' under the new lease extension as long as they continue to abide by the terms of the lease including paying rent.

As for late fees with rent if you go to court for non-payment: The judge in whose court I was sitting was not concerned with late fees- only the rent contained in the contract and that is what was ordered.

She was also the same judge that just ruled against the prop mgmt company trying their best to get an eviction on me because THEY did not follow the contract. Hence, the reason I STRESS follow the contract. Contract terms rule.

This particular prop mgmt co stated they sent me a 30 day no fault termination of contract to move by process server. They also pulled this crap on a 5 day notice when I had to get their attention due to unfair LL practices. Their process service/server falsified the affidavit to the court. The contract read they must serve me by certified mail. They have breach the contract no less than 3 times now. Needless to say it was righteous when the judge said, "Contract rules counselor."

Unfortunately, it is not over with them. I am sending a Demand Notice and then will file a Motion in the District Court against them if they do not settle. Ugh, I hate having to take it to that level, but cocky narcissistic PMC's need to be jerked just as hard as deadbeat renters and non-custodial parents that don't follow court orders.

[airics]

who is the prop management company? they may not care since all the bills (court and such) are going to the owner of the property

[KonaKat]

Licensed process servers do not have to serve by certified mail or take a witness with them (as required by other private entities). They may post it on the door followed by a certificate of mailing (send one in the mail w/ proof recorded by the post master in a certain type of log book reserved specifically for this purpose) for NLV and HD townships.

Some requirements vary by township so it is very important to know what your township (where the rental unit is located) rules are. Even tho all are governed by the same state statutes, I found that each on interpreted those laws a little differently. The law also determines the means by which a private individual or property owner must serve Notices (or anything else for that matter), and the requirements for a licensed process server (less rules, more burden as they are held to a higher standard).

The property management company had better care about proper process and any court fees because if they're found to be negligent I'm sure the owner will demand that they pay the costs. And, probably lose the account too.

[mojavedxer]

It’s been my experience here in Clark Countyfor the last 20 years that if the tenant show up and produces 2/3 of the back rent and pleads financial hardship due to job loss or loss of income. The judge will give you a 30 extension to bring the current rent due without late fees. You can also request that the lease be nulled and go month to month to give you time to find an economically suitable place to live.

[sierramadre44]

Originally Posted by airics

who is the prop management company? they may not care since all the bills (court and such) are going to the owner of the property

OMG, good point airics! I didn't think of the 'pass through' cost. Wow. I wonder if they have charged her for the false process server and affidavits? Interesting thought.

Here is a place where I found not so flattering reviews of this company from not only renters, but owners as well. Nicklin Property Management - Henderson, NV, 89014 - Citysearch

[sierramadre44]

Originally Posted by KonaKat

Licensed process servers do not have to serve by certified mail or take a witness with them (as required by other private entities). They may post it on the door followed by a certificate of mailing (send one in the mail w/ proof recorded by the post master in a certain type of log book reserved specifically for this purpose) for NLV and HD townships.

Some requirements vary by township so it is very important to know what your township (where the rental unit is located) rules are. Even tho all are governed by the same state statutes, I found that each on interpreted those laws a little differently. The law also determines the means by which a private individual or property owner must serve Notices (or anything else for that matter), and the requirements for a licensed process server (less rules, more burden as they are held to a higher standard).

The property management company had better care about proper process and any court fees because if they're found to be negligent I'm sure the owner will demand that they pay the costs. And, probably lose the account too.

You missed the point KonaKat: The CONTRACT specified that notice was to be sent by CERTIFIED MAIL. They, in court, claimed they notified me by process server. They did not. They emailed me and sent a letter in regular mail. Without proper service according to the contract terms their 30-day notice was void and subsequently dismissed for improper service.

Here's the other part, they never served a 5-day pay or quit by process server either. They or someone that works for them falsified an affidavit which is, of course, a fraud upon the court. Now, there is a presumption under the law that if one completes an affidavit that the work was performed. So, even though I know for a fact that no notice was left on my door, the court had to assume it was because they claimed process server. I just happened to catch them in a lie and destroyed their credibility as I knew they would claim such.

Thanks to a nasty divorce, I've been a litigation for 6 years and earned a certificate in paralegal studies. I am also a notary and took an oath to hold the laws and take that oath seriously. It is interesting to me how people try to be dirty and I can show them they are not as smart as they think they are. Not that I am 'all that' because I don't think I'm all that smart at all. There are certainly more intelligent folks in the world than me. I just happen to have a knack for flushing out liars.

Also, just so you know, I had moved by the time we went to court. I really do not need any more drama in my life. You know we're in a gambling town so Kenny Rogers and I sing the old gamblers song a lot. --- you have to know when fold 'em, know when to hold 'em, knowing when to walk away and knowing when to run. I walked away --- for now.

[vegascowgirl]

We had given our landlord a 14 day which resulted in a 30 day no cause, we paid our rent into the court so we could be heard and the judge ruled in our favor to have our rent and deposits returned and we would have to leave on the 30th of the month, this was a habitability issue now we have received a notice from the courts that we are to receive our money back but it is an eviction notice, what happened we have followed the law?. .

[Las Vegas Mommy]

Sierramadre!!! kudos to you!

Caution to all LL's and property managers: Be honest, truthful, follow your lease agreements, just like you expect your tenants to. IF NOT...you may end up with a tenant like Sierramadre- well informed and a nightmare for any dishonest or at least uneducated property manager or LL!

[sierramadre44]

Originally Posted by vegascowgirl

We had given our landlord a 14 day which resulted in a 30 day no cause, we paid our rent into the court so we could be heard and the judge ruled in our favor to have our rent and deposits returned and we would have to leave on the 30th of the month, this was a habitability issue now we have received a notice from the courts that we are to receive our money back but it is an eviction notice, what happened we have followed the law?. .

Every situation is different and you may need the advice of an attorney. No one can really tell you what happened except the judge. Me being me, however, would call the JEA - Judicial Executive Asst. Sometimes, depending on the person, they will tell you what happened or make a suggestion. Either way, it appears your options may be few. You may want to consider an appeal.

[sierramadre44]

Originally Posted by Las Vegas Mommy

Sierramadre!!! kudos to you!

Caution to all LL's and property managers: Be honest, truthful, follow your lease agreements, just like you expect your tenants to. IF NOT...you may end up with a tenant like Sierramadre- well informed and a nightmare for any dishonest or at least uneducated property manager or LL!

LOL... Thanks LVMommy. You're right; it is the obligation of the tenant AND the landlord to abide by the lease agreement. It is in both's best interest to do so.