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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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This is regarding my case previously asked before,can you

Customer Question

This is regarding my case previously asked before,can you please provide me of the consequences the tenant in Nevada will face in violation of the lease.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

There are primarily 3 kinds of lease violations:

  1. "Material violations" - violations such as committing crimes on the property, causing significant damage to the property (termed "committing waste"), or repeated failure to pay rent. There is also a "catch all" for "Nuisance" (again this is severe problems, not minor).
    1. These violations can be met with a "3 day notice to quit" - the tenant is not permitted to "fix" the violation, they must leave within the 3 days, or the landlord can file an unlawful detainer and seek a formal eviction (the process is set out below.
  2. "Minor violations" - violations that are minor nuisances - for example, parking inappropriately, minor noise complaints, etc. (i.e. problems or issues where the tenant is violating the lease, but these problems can be fixed). Repeated minor violations lead to a "material violation" (above).
    1. These violations can be met with a "5 day notice to cure or quit" - the tenant has 5 days to either fix the problem or vacate the property. If they do not fix the problem, or vacate, the landlord may then file the unlawful detainer.
  3. Failure to pay rent - quite simply, the tenant fails to pay rent as agreed.
    1. This is met with a "5 day notice to pay or quit" - tenant has 5 days to pay, or vacate. If the tenant does not pay, the landlord can file the unlawful detainer.

In general, here is how the process works:

  • "Eviction" is a word that is often misused and it leads to a lot of confusion, to help, here are the steps in terminating a tenancy:

    Terminating a tenancy-

    1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

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