Eviction Notice Dispute Resolution

Summary

In Nevada, landlords cannot refuse rent if all rent and late fees are paid. They also cannot charge filing or court fees unless a case has been filed. Improperly served notices may be invalid. If you believe you are facing harassment from management, document everything meticulously and consider seeking legal advice. If you have evidence of forgery or misconduct, continue to search for an attorney willing to take your case. Follow up with the court for updates on your case and submit a written statement if you need to clarify any misunderstandings.

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I got a 7 day pay it quit notice is dated the * th of December and I received it in the mail on the 17th of December the declaration of service was not signed nor were boxes checked on how they attempted to serve me. I tried to pay rent two times they refused. I had the rent and late fees altogether. They charged my account the 7 day filing fee on the 6th in Nevada they can not refuse rent if I have all rent and late fees they are not allowed to charge me filing fees or court fees considering they have not filed or been to court they refused because I didn't have the filing fee. The amount on the notice is what I paid yet they refused. So I filed with the courts my tenant answer and put in my answer exactly what happened I also made copies of the notice my money orders and my monthly invoice with the filing fee already added to my account a week before they actually dated the notice so that means if I would have paid the filing fee before a notice was even filled out
It sounds like you have a strong case. Here are some relevant points regarding Nevada law:
- Landlords can't refuse rent if you have all rent and late fees.
- They can't charge filing fees or court fees unless a case has been filed.
- Improperly served notices may be invalid.
Have you scheduled a court date or received any further communication from your landlord?
No I filed with the courts over the weekend. Like I said I made copies of money orders the notice and monthly statement and attached it to my tenant answer. Is that okay and since I'm not in the wrong what will happen with the judge most likely
It sounds like you have taken the necessary steps by filing your tenant answer and providing documentation.
- The judge will review the evidence, including your money orders, notice, and monthly statement.
- If the landlord refused your payment without valid reason and improperly served the notice, the judge may rule in your favor.
Have you received a court date yet?
No I will probably over the next few days since Christmas is in two days .
It seems like you have taken the proper steps by filing your tenant answer and providing the necessary documentation. Since you haven't received a court date yet, keep an eye out for any communication from the court.
Just one question: Have you checked if the court has any special holiday hours that might affect when you receive your court date?
They are closed Wednesday from what I found out
It sounds like you're well-prepared with your documentation. Given the situation, it seems that the landlord's actions might be in violation of Nevada law. Since the court is closed on Wednesday, keep an eye out for communication on other days.
If you have any further questions or need more assistance, feel free to ask!
What is they judge mostly likely going to do
The judge is likely to consider the following factors:
- Proper Documentation: Reviewing your money orders, notice, and monthly statement.
- Service Validity: Assessing the improperly served notice.
- Legal Compliance: Evaluating whether the landlord's refusal to accept payment and charging of filing fees before filing were lawful.
Most likely, if the evidence supports your claims, the judge may rule in your favor and dismiss the eviction notice.
Do you have any other concerns or questions regarding your case?
No I'm just asking because I actually think it's is harassment from management. Because I sued my prior landlord same management company manages both properties. And the asst mgr here used to be the asst mgr at my old place and her actions were brought up that a very questionable and against the law
It does sound like you may be experiencing harassment from management, especially given the history with the same management company. Document everything meticulously, including any interactions that suggest harassment.
Have you considered reporting this harassment to a local tenant's rights organization or seeking a consultation with a lawyer?
I'm in the process of getting an attorney because the questionable actions actually include forgery and misconduct from attorneys from bot doing their due diligence and verifying documents and they submitted to the court on behalf of their client
It sounds like you have a strong case, especially with the possibility of forgery and attorney misconduct. Given the serious nature of these allegations, it’s essential to have an attorney to guide you.
Have you found any potential attorneys, or do you need assistance locating one in Nevada?
I have filled out contact forms for several attorneys but part of me thinks it will be hard because I think some attorneys don't want to get involved considering the misconduct of fellow attorneys and you know
Given the severity of your allegations, it’s important to persist in finding an attorney. Some may hesitate, but many are committed to justice.
Have you received any responses from the attorneys you contacted, or would you like assistance in finding more options?
No not really it's been more like we. Don't take that kind of case or the time it would take and so basically no is what I gotten from most
It's concerning that many attorneys are hesitant to take your case. However, given the potential misconduct and forgery, it’s crucial to continue searching. You might want to contact the Nevada State Bar for attorney referrals.
Is there any specific type of assistance you need in finding more attorneys?
No I think I'm okay I did receive a response from one they tried calling but I was unavailable so I emailed the. Back they give them calm so we could talk further and I tried they were not available but I'll try again tomorrow
It looks like you're on the right path by reaching out to attorneys. It's important to persist in finding one who will take your case, especially given the serious nature of your allegations. Make sure to keep all your documentation organized and ready for when you do get to speak with an attorney.
Would you like any further information on tenant rights organizations in Nevada that could assist you in the meantime?
I mean they evidence I have and the work I put into making sure what I was finding was against the law and then backing what I found with proof of wrong
It sounds like you have strong evidence to support your case. Documenting everything meticulously is key. Since you haven't found an attorney yet, consider reaching out to tenant rights organizations in Nevada for additional support and guidance. Would you like contact information for any specific organizations?
No I have that but what ever attorney I do find all they have to worry about is court and verifying my evidence I actually probably should have been something to do with gathering evidence in my life as a career cause I am dam good T it
It seems like you have a strong case with solid evidence. Since you've already reached out to attorneys and are waiting to hear back, continue documenting everything meticulously. Persistence is key in finding an attorney who will take your case.
Is there anything specific you need help with regarding your evidence or preparing for court?
No I already had small claims court and am I am just waiting for the judges decision. She said two weeks but it has been three. Since it taking longer is it better for me or for the defense
The delay in the judge's decision could be for various reasons, and it's not necessarily indicative of the outcome. Judges sometimes take longer to review evidence and consider the case thoroughly. Patience is key. Have you tried contacting the court to inquire about the delay?
No I was hoping taking so long is working in more my favor because the defense used one lease that was forged during the eviction process and for small claims the defense used a totally different lease for small claims case. And I put all evidence in the small claims case I had
It's great that you provided all your evidence in the small claims case and highlighted the discrepancies in the leases. The judge may be taking extra time to thoroughly review all the evidence.
Have you considered following up with the court to check on the status of the judge's decision?
No. But even a judge can't the defense get away with that you can't use two different leases for same parties. And the same law firm represented the defense both time
The use of two different leases for the same parties suggests potential misconduct, and your detailed evidence strengthens your position.
- Judges take time to review cases thoroughly.
- Continue documenting any new developments.
- Persistence in following up with the court is crucial.
Would you like assistance on how to follow up with the court effectively?
Yes please
Here are some steps to follow up with the court effectively:
- Contact the Court Clerk: Call the court and ask to speak with the clerk handling your case.
- Provide Case Details: Have your case number and relevant information ready.
- Inquire About Status: Politely ask for an update on the status of the judge's decision.
- Document the Call: Keep a record of who you spoke with and what information was provided.
Is there anything else you need help with?
No thank you
It looks like you have taken all the right steps and have solid evidence. Following up with the court is important, and it sounds like you are well-prepared. Good luck with your case!
If you have any more questions in the future, feel free to reach out.
So the courts linked my last eviction to my current situation but I said in my tenant answer that harassment from last mgr may be but it is not because of the eviction it's due to the small claims case and calling out the mgr for forged lease and mgr using another lease for small claims how do I tell the court know
To clarify your situation to the court:
- Submit a Written Statement: Clearly outline that the harassment is due to the small claims case and the forged lease, not the eviction.
- Provide Evidence: Include any documentation proving the forged lease and the manager's actions.
- Request a Hearing: Ask for a hearing to present your evidence and clarify the situation in person.
Would you like more detailed guidance on preparing your written statement?
Do I file it like I file the documents to the courts
You should file your written statement similarly to how you file other documents with the court. Here are the steps:
- Prepare the Statement: Clearly explain the reason for the harassment and include all supporting evidence.
- File with Court Clerk: Submit it to the court clerk in the same manner as your tenant answer.
- Keep Copies: Ensure you keep copies for your records.
Is there anything else you need assistance with?