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LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 23976
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I am disable and I received a 24 he eviction notice I want

Customer Question

I am disable and I received a 24 he eviction notice I want to know how do I get this process stopped so that I can move out. The notice was placed on the door today. I've been living here for almost 6years now I am in the process of finding an affordable housing
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Nevada
JA: Have you talked to a lawyer yet?
Customer: No I havent
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 3 months ago.

Good afternoon. What is the basis of the eviction?

Customer: replied 3 months ago.
Myself rent was due on 15 of August it was paid late but due to the funds in myself bank acct myself check bounced. I wasn't aware it was returned so I was just served with a 24he eviction notice today.
Customer: replied 3 months ago.
I am sorry it was for last month's rent
Customer: replied 3 months ago.
I have love here since December 2011
Customer: replied 3 months ago.
Lived here
Expert:  LandlordTenantAnswer replied 3 months ago.

Thank you. Please allow me a moment

Expert:  LandlordTenantAnswer replied 3 months ago.

So the landlord already filed for eviction? Did they give you any notice to cure after the check was returned?

Customer: replied 3 months ago.
No they did not
Expert:  LandlordTenantAnswer replied 3 months ago.

There is a process which must be followed and if the landlord does/has not, then the proceedings can be illegal and not valid. If this notice was not from the court, then you would not have to vacate in 24 hours. A notice must be served to the tenant. Depending on the reason for your decision to evict your tenant this notice may be a 3/5/30 day notice. At the expiration of the notice excluding the date of service, weekends and holidays.

The tenant may contest this filing and file an answer with the court within the time indicated on your notice. If this is the case a hearing will be set within 7-14 days If no answer by tenant the Court will sign the order and authorize the 24 hour lockout. A 24 hour notice is served to the tenant requiring the tenant to vacate the premises within 24 hours. (If notice served on Fri. the lockout would occur on next business day) After the 24 hour notice is served the Constable will return to the property and remove the tenants. All access doors to the property must have the locks changed at the time of lockout. We contract with a respectable locksmith and can bill you for the charge depending on number of locks required to change.

Customer: replied 3 months ago.
if they did not give me a notice to cure the 24 he eviction notice is NOT VALID AND I CAN GO TO COURT TO STOP THIS PROCEEDINGS
Expert:  LandlordTenantAnswer replied 3 months ago.

Yes, you should be able to. A landlord who is evicting a tenant for not paying rent must give the tenant a five-day eviction notice, also called a 5-day notice to pay rent or quit. The tenant would then have five days from the date of receiving the notice to either pay the rent or move out of the rental unit. If the tenant chooses to challenge the eviction and does not move out of the rental unit or pay the rent, then the landlord's next step will be to file an eviction lawsuit, also called an unlawful detainer suit (see NRS § 40.253). The tenant would then receive a copy of the complaint and summons, which would also have information about the hearing. The tenant then has five days to file an answer with the court detailing any defenses the tenant wishes to use to challenge the eviction. Both the landlord and the tenant must appear at the scheduled hearing, where the judge will make the final decision about whether the tenant is to be evicted or not.

Expert:  LandlordTenantAnswer replied 3 months ago.

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Customer: replied 3 months ago.
They served a 5 day notice and the rent was paid so there was nothing else done until friday they filed an eviction notice
Expert:  LandlordTenantAnswer replied 3 months ago.

Yes, if they served the notice and it was paid and accepted, they could not proceed with the eviction and it would be illegal

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