Tenant Rights In Nevada

Summary

The user is facing eviction in Nevada after their friend, who was not on the lease, moved out early. The user continued to pay rent but is now being threatened with eviction by the property management. The user has received a 7-day notice to pay rent or quit the premises and a 4-day notice for lease violation. The user has been advised that both notices are valid and must be addressed within their respective timelines. The user has also been advised to contact the Nevada Real Estate Division to file a complaint about the illegal utility shut-off and to seek legal advice regarding the unpaid rent.

Full Conversation

I moved in with a friend because she had an extra room. Her lease
What is the issue with the lease? Are you facing any problems with your friend or the landlord?
Her lease was up mid September but she decided to move out July 1st and I had agreed to continue paying the rent until her lease was up. I find out later that she wasn't on the lease to begin with and yesterday management knocked on my door around 4pm and gave us until * pm yo get out. I'm planning on moving Thursday but management is threatening with calling the cops. What can I do to protect me and family until we move
What state are you currently residing in? This will help me provide you with the most accurate information regarding tenant rights in your location.
Nevada
What is the name of the property management company or landlord?
I'm not sure I believe the apartments are called Sage in Henderson
What is the reason given by the management for asking you to leave?
Because my roommate turned in the keys and because we are not in the lease. But they also served us a 7 day notice last Friday
What was the exact wording of the *-day notice you received? In Nevada, landlords must provide a written notice before eviction.
7 day notice to pay rent or quit the premises. Do they still have to provide notice if I'm not on the lease?
In Nevada, even if you're not on the lease, landlords must provide a written eviction notice. This includes tenants-at-will or subtenants.
Can I be arrested if she calls the cops. I haven't filed a response to the notice should I respond?
What is the reason your friend might call the police? In Nevada, eviction is a civil matter, not criminal. Police usually don't arrest people for staying after an eviction notice.
Not my friend management. Am I considered a squatter?
In Nevada, you're not considered a squatter if you've been paying rent. Are you able to provide proof of rent payments?
Yes. The arrangement was I would send my friend the money and she would pay the rent. I've been here 3 months
Do you have any written communication or bank statements showing that you've been sending money to your friend for rent?
Yes text messages and bank statements
Do you have any written agreement with your friend about your stay and rent payment?
No it was verbal
Did your friend acknowledge your rent payments in any of the text messages? Verbal agreements can be legally binding, but written evidence can strengthen your case.
Yes
What date did you receive the *-day notice to pay rent or quit the premises?
*/*/*
Have you been able to pay the rent that was due within the *-day notice period?
Not yet since the lease was up I'm planning on moving out
What is the date you're planning to move out? In Nevada, a tenant can't be evicted without a court order. If you leave before the court order, you won't be evicted.
*/*/*
What is the current date today?
*/*/*
Have you informed the management about your planned move-out date?
Yes. But they still threatened me with the cops
What was the management's response when you informed them about your planned move-out date?
They wanted me out immediately
What is the exact wording of the threat made by the management?
Leave or we will call the police
What was the date and time when the management threatened to call the police?
*/*/* around 4pm
What was your response to the management when they threatened to call the police?
I couldn't leave in such short notice I didn't really have a response
What is the current status? Have the police been involved yet?
Not yet
What is the current status of your communication with the management?
They came earlier today. I'm actively trying to leave today but financially it would be more ideal on Thursday since I get paid. Im trying to borrow money to leave today
What was the outcome of the management's visit today?
They said you shouldn't be here I said I'm trying to I gather funds to leave today. She said ok and left
What is the current date and time? This will help me understand how much time you have left before your planned move-out date.
*/*/* *:*
What is the amount of rent you owe according to the *-day notice?
*.*
What is the exact amount you have paid to your friend for the rent during your stay?
*
What is the frequency of your rent payments to your friend?
Monthly
Did you pay the rent for the month of September?
No because my friend didn't renew her lease
What was the agreement between you and your friend regarding the payment of rent for September?
She knew we were moving out
What date did your friend move out and did she inform the management about it?
July 1st no she didn't inform management
What was the management's response when they found out your friend had moved out without informing them?
I'm not sure I'm assuming they found out when she returned the keys
Did your friend return the keys to the management before or after you received the *-day notice?
After
What date did your friend return the keys to the management?
I believe */*/*
Did the management provide any written notice or communication after your friend returned the keys?
No
What was the date on the *-day notice to pay rent or quit the premises?
*/*/*
What was the date when you last paid the rent?
*/*/*
What was the amount of rent you paid on */*/*?
*
What was the duration of the original lease your friend had with the property management?
I believe it was yearly
What was the start date of your friend's original lease?
I don't know
Can you ask your friend for a copy of the original lease or any other documentation related to the property?
No
What was the reason your friend gave for not renewing the lease?
She found a new apartment
What was the agreement between you and your friend regarding the termination of the lease and your stay in the apartment?
I would stay until the lease was up
What was the end date of the lease according to your agreement with your friend?
*/*/*
What was the management's response when you informed them that you were staying until the lease was up?
We didn't inform them
What was the reason you didn't inform the management about your stay?
Because it was an agreement between me and my friend and because she wasn't on the lease
What was the reason your friend was not on the lease?
Bad credit
What was the agreement between you and your friend regarding the lease and your stay at the apartment given her bad credit situation?
We would cover the last 3 months of her lease so she could move to a new apartment
Who was the original leaseholder if your friend wasn't on the lease?
Damon McDaniel
Do you have any contact with Damon McDaniel or any written agreement with him regarding your stay at the apartment?
No
What was the relationship between your friend and Damon McDaniel, the original leaseholder?
Friends
What was the agreement between Damon McDaniel and your friend regarding the lease?
I don't know
What was the agreement between you and your friend regarding the payment of rent after she moved out?
I would pay rent
What proof do you have of the agreement between you and your friend about paying the rent?
Texts and bank statements
What was the exact wording of the agreement in the text messages regarding your rent payments?
Do I need to file an answer
Yes, filing an answer to the eviction notice can help you buy some time. It's best to consult with a local attorney or tenant's rights organization for specific advice.
Can I be arrested
In Nevada, eviction is a civil matter, not a criminal one. You cannot be arrested for simply staying in the apartment after receiving an eviction notice.
Would I be considered an unlawful occupation
In Nevada, if you've been paying rent and have proof of it, you're not considered an unlawful occupant. However, it's best to consult with a local attorney or tenant's rights organization.
So management can't retake property following arrest
What proof do you have of your rent payments? In Nevada, landlords must follow a legal eviction process and cannot forcibly remove tenants without a court order.
Can law enforcement arrest me for housebreaking
In Nevada, housebreaking is a criminal offense. However, if you've been living there and paying rent, it's unlikely to be considered housebreaking. Do you have any reason to believe you're being accused of housebreaking?
Management said we shouldn't be here
What was the exact wording of the statement made by the management when they said you shouldn't be here?
That the person on the lease returned the keys and gave them permission to call the police on me
Did the person on the lease, Damon McDaniel, give you permission to stay in the apartment?
No
What was the agreement between you and your friend regarding Damon McDaniel's role in the lease?
He had moved out so I'm it was just my friend
What was the agreement between you and your friend about the lease after Damon McDaniel moved out?
I would stay until the lease was up
What was the exact date when Damon McDaniel moved out?
I don't know but we'll before i moved in
What was the agreement between Damon McDaniel and your friend when he moved out?
She would stay and pay rent
What proof do you have of this agreement between your friend and Damon McDaniel?
I don't
What was the exact date you moved into the apartment?
The * of June
What was the agreement between you and your friend regarding the payment of rent and your stay in the apartment when you moved in on June 28th?
That we would pay rent on the first
What proof do you have of this agreement between you and your friend about paying rent on the first of each month?
Texts
Can you provide the exact wording of the texts where you and your friend agreed on the rent payment terms?
I would send her the money and she would pay it
What proof do you have of the money transfers to your friend for the purpose of paying rent?
Texts and statements
What was the exact wording of the texts where you agreed to send your friend money for rent, and do your bank statements clearly show these transactions?
Sending.g you the rent money and yes
What was the response from your friend when you sent her the rent money?
Got it
What was the exact date you sent the rent money to your friend?
Usually on the first of every month except last month I was late
I was late last month but it was */*/*
What was the reason for your late payment last month?
Actually it was */*/*
What was the reason for your late payment in August?
Fell behind with bills
What steps have you taken to catch up on your bills and ensure future rent payments?
I'm not planning to stay here
I'm moving out
What is the reason for your decision to move out?
Lease is up
Am on I considered living on the property without authority
What proof do you have of your agreement with your friend to stay in the property until the lease was up?
Texts
What is the exact wording of the texts where you and your friend agreed on your stay in the property until the lease was up?
Yes the management company shut our power off and is threatening to call child protective services
What state are you located in? This will help me provide accurate information about your rights as a tenant.
Nevada
What is the reason given by the management company for shutting off your power? In Nevada, it's generally illegal for landlords to shut off utilities as a form of eviction.
They didn't give one. Earlier they spoke to the power company to havekoir names removed from the bill, we called and got it back in our name. Now it seems thru shit the power off thru the breaker
Did you receive any written notice from the management company about this issue? In Nevada, landlords are required to provide written notice before taking such actions.
Only thing we received was a 7 day notice last Friday
What was the reason stated in the *-day notice you received?
Pay or quit
What was the amount you were asked to pay in the *-day notice?
*
What steps have you taken since receiving the "pay or quit" notice?

In Nevada, landlords must provide:
- A *-day notice for unpaid rent
- A *-day notice for nuisance or violations
- A *-day notice for no cause eviction.
We are planning on moving on Thursday
What is your plan regarding the unpaid rent? In Nevada, unpaid rent can lead to a negative mark on your credit report.
The lease is up so we were just gonna move
Are you aware that unpaid rent can still be pursued by the landlord even after you move out?
Is it legal for them to shut off our power
In Nevada, it's generally illegal for landlords to shut off utilities as a form of eviction. Did you receive any written notice from the management company about this issue?
No
In Nevada, it's illegal for landlords to shut off utilities without notice. You can file a complaint with Nevada Real Estate Division. Their contact: (*) *-*.
What steps can we take to have to his resolved
You can contact the Nevada Real Estate Division at (*) *-* to file a complaint about the illegal utility shut-off. Also, consider seeking legal advice regarding the unpaid rent.
Should we call the police
Yes, you can call the non-emergency police line to report the illegal utility shut-off. It's important to document all interactions with your landlord for future reference.
What about the threats about child protective services
What is the reason for the management company threatening to call Child Protective Services?
Because we have no power
What steps have you taken to restore your power? In Nevada, it's illegal for landlords to shut off utilities without notice. You can report this to the police and Nevada Real Estate Division.
We called the power company they state everything looks fine on their end and we called the cops
What was the response from the police when you reported the issue?
They were gonna send someone out. The police was also here earlier and the landlord told them that they were currently working on shutting off our power
What was the police's response when the landlord told them about shutting off your power?
They didn't do anything other advise us that this is what the landlord is intended
What was the outcome when the police arrived? Did they take any action against the landlord?
Can child protective services still follow thru even though it's of no fault of us
What specific concerns did the management company mention to Child Protective Services?
No action was taken the just came to get our side of the story
What was the outcome after the police got your side of the story?
They were gonna call em and tell them that we have kids here and we have no power. They told us that we do have the right to be here
What steps have you taken to ensure the safety and well-being of your children during this time without power?
What steps can I take
You can contact Child Protective Services proactively to explain the situation. Also, consider seeking temporary accommodation for your children's safety while resolving the power issue.
What kind of accomodations
You could consider staying with family or friends, or look into emergency shelters in your area. Some organizations provide temporary housing assistance for families in crisis.
At this times smelters are full and we don't have family nearby
What other resources or support networks do you have access to that could assist you during this time?
None
What is the age of your children? This information can help identify specific resources or services that may be available to you.
*,* and *
Are there any local community organizations or churches that might be able to provide temporary assistance or resources?
Where could I find this information
You can find information about local community organizations or churches that provide assistance through online directories or by contacting your local government office.
I received a 7 day notice */*/* and today I received a 4 day notice. Does the new notice void the last one?
What is the reason stated on both notices? In Nevada, a *-day notice is usually for unpaid rent, while a *-day notice is for lease violations.
Unpaid rent and lease violation. Which one do we follow?
In Nevada, both notices are valid. You should address both the unpaid rent within 7 days and the lease violation within 4 days.
So how many days in total do we have?
You have 7 days to address the unpaid rent and 4 days to rectify the lease violation. These timelines run concurrently, not consecutively.