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PDF Editor FAQ

My tenancy is due to end in November and I’ve asked the landlord for renewal but is refusing. We have been hit hard from coronavirus and we can’t afford to leave. If I stay without renewal does the landlord have to follow court proceedings?

Hi! My tenancy is due to end in November and I’ve asked the landlord for renewal but is refusing.We have been hit hard from coronavirus and we can’t afford to leave.If I stay without renewal does the landlord have to follow court proceedings?If you’re in the US, and you do not leave when your lease expires and the landlord has given you notice that he will not renew, then you are guilty of “unlawful detainer”.Your landlord will serve you with an unlawful detainer notice the day after your lease expires and you have not left. It will give you X days to vacate the premises (it’s 5 days here in Nevada).If you fail to vacate, the landlord will file for eviction. Don’t make him do that. He will win and you will have an eviction on your record, which will make you unlikely to be accepted as a tenant anywhere else.The day the final notice that the eviction has been filed is posted, the process server will make a note that you appear to still be occupying the premises. At that point, the process will not stop. You WILL be evicted.Once the judge grants the eviction, the order will be sent to whichever law enforcement agency handles tenant lockouts. Here in Las Vegas, that’s the Constable’s Office. They will then post a 24-hour notice on the door, and come back the next day to remove you by any means necessary. I watched them enter a barricaded garage two months ago - they do mean by ANY means necessary. They will remove you from the premises literally with only the clothes on your back. If you resist, you’ll go to jail.Meanwhile, the landlord will have a locksmith secure the premises against your return. In Nevada, we must allow a tenant to come back, with our permission and supervision, once in the first five days after the lockout to get “essential items” such as money, clothing, diapers, or medication. But that’s all. (Personally, we let tenants take everything they can during that visit, because it’s less we have to move and store.)Once you’re locked out, the landlord must secure your abandoned property for a specific amount of time. He must notify you, via certified mail at your last known address, of how long the property will be stored and what you must pay to get it back. We can charge reasonable packing, transporting, and storage fees. You have to pay this, in cash or money order, before you can get your belongings back. If you fail to do so, we are allowed to dispose of it in any manner we choose. We just put it all in a dumpster and let the trash men take it.

How can my landlord give me an eviction notice?

How can my landlord give me an eviction notice?The answer varies by state. You’d need to check your state laws to find out the exact process. An eviction is a legal process and only a Judge can issue an eviction notice. How it is served on the tenant depends on the state’s laws.Here in Nevada, landlords cannot give eviction notices. This is how we just evicted a “tenant” two days ago.Licensed process server served 3-day notice to vacateLicensed process server served 5-day unlawful detainer noticeLandlord appeared in Court and gave Judge evidence of cause for eviction. “Tenant” chose not to file answer to eviction. Motion for summary eviction granted.Constable’s Office posted 24-hour notice of evictionConstables came out, forced door to property open, and ensured the “tenant” was gone. Locksmith changed the locks. “Do Not Enter” notice was posted, landlord was given the official court order. If “tenant” returns without permission, tenant can be arrested.In this case, the “tenant” was a middle-aged woman who had barricaded herself in the garage of the house. She’d been invited to put her property into the garage by the landlord’s LEGAL tenant (an elderly man), but then she moved herself in and refused to leave. Because there was clear evidence of drug sales happening out of the garage, the legal tenant was allowed to terminate his lease (rather than be evicted). The landlord paid moving costs, put him up for two weeks at an extended stay hotel, paid for two months of a storage room, and returned his security deposit.But the woman in the garage refused to leave, so we had her ass evicted. It’s on her record now. It took a month and cost nearly $1000, but we got her drug-dealing, trick-turning carcass out.

What would happen if I move out and stop paying rent?

What would happen if I move out and stop paying rent?As with all other legal questions, it depends on where the property is located.In Nevada, for instance, you would be given a 5-day “pay or quit” notice, even though you’ve already left. The law requires the notice before an eviction can proceed.When you don’t pay, the landlord will begin eviction proceedings. That means a Court Order telling you to get out AND pay the back rent, late fees, and court costs for the eviction. Since you’re already gone, the landlord won’t have to go through the trouble of having the Constable lock you out.So.. now, you’ve lost your security deposit for breaking the lease, AND the landlord can take you to small claims court for the Court-approved costs of the eviction.AND… that Court-ordered eviction goes on your record. Good luck renting another place when the prospective landlord runs your background check and sees a judgement for thousands of dollar relating to an eviction.

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