Good evening! I can help you out with your legal question tonight. I am a licensed attorney in Nevada.
A public defender will only be appointed for criminal matters where there is risk of jailtime and would not be afforded to someone in a civil issue.
There are two ways they could attempt to evict you. 1 an unlawful detainer action or 2 an eviction for nonpayment of rent.
If they are trying to kick you out for being dirty or unclean, then it will not cost nearly as much as you are saying.
These hearings are relatively short and the discovery brief.
What happened is this
a guy below whom ive been reporting for months for making noise past ten, loud noise, and have documented violent behavior towards me like throwing a box at my door and even showed the staff video of this, including some manager, he broke in on the 18th and i recorded that on audio too but didn't show that to the staff, only a police report, but so back to that night a maintenance guy nailed the frame back on. But in the morning, the comm. manager and a maintenance guy show up, she basically shows no concern for the frame, gawks at the many bags (of rocks) I have lining the sides of my apartment, and has the maintenance guy come in forcing his way in basically and he takes two low res pics. I tell her i have a roach prob and she claims im the source and they love rocks, and i tell her they are living off a leaky pipe in my kitchen which is moldy now btw. And then she comes back in three days comes in even though i dont say she can come in and says i have 3 more days to clean, and says i definitely cleaned (unfortunately didnt record this), and then comes back a few days later and says, "this is not what i was expecting" and takes pics of my beds with stuff on it, and some rocks on the floor and some rocks on my bathtub on a door mat i put in there and some rocks on my kitchen sink and some rocks on my bathroom sink. And so then a corp lady calls claiming she saw dirt trash and cans on my kitchen counter and she's simply wrong and lying. There was just some mud temporarily on my bathroom sink from washing rocks. Regardless, it's super clean in my apartment now or rather as clean as an clean apartment around here and as usual no fire exits blocked. And they didnt bother wit the last two inspections and still didnt do a leak repair or get rid of me "the source of roaches" which they never did verify in any way.So what in the world do I do besides begging a tenant lawyer, one of only two or three I found in NV to help sue for money?
And what do I tell my dad to do to convince him to not pull out? And what should he do while I try to get legal help since he wants nothing to do with it?
I can barely see your response by the way how can I expand the top thing?
Have they filed anything with the court yet, or just given you a Notice?
By the way my beds were not dirty and to prove im a hoarder as they claimed in a letter on the 3 day eviction notice, isnt that whats going to cost THEM a lot of money since that's not a lease violation and that doesn't automatically mean I'm dirty? And is one picture of dirt on my bathroom sink, not in it, but on one side proof Im a dirty person?!
You can actually represent yourself if you need to and explain what has happened. It does not sound like enough to evict you in my opinion. You can take pictures of it being clean.
In order to evict someone, it will take much more than a few pictures.
You can also contact the State Bar of Nevada to help you find a lower priced attorney to help you.
They gave the three day notice and then today I found that message from their legal dept claiming ive harassed the staff am interfering with their work and dis something or other with the corridors, but what they are talking about i can tell you I have no idea since I've don't even hang around and hardly go onto the apartment property and havent talked to any staff for days. I've not sent ANY harassing letters to them. I have been informing many people though on apartmentreviews.com and craigslist of whats going on, so maybe people are calling them to defend me and like making mean comments to them? I told the staff i was disabled and they dont consider this a factor at all from their responses and behavior, and i read that merely calling someone a hoarder is saying they are disabled.Anyways the notice says, if u dont stop doing such and such we'll have to take legal action. It's very confusing.
They will file a complaint for eviction or a complaint for unlawful detainer. Then you can determine exactly what they are alleging you did wrong.
You can then defend that in court.
So do you think with their five pics, which aren't even before and after hardly, like they never had a pic of my kitchen or bathroom sink in the first place, and again, whats my beds have to do with anything? its not like roaches were running around anywhere or food debris etc?What do I say in court, "judge may i present my side?"
Yes, they will file a complaint, then produce their evidence. You will then present your side and they have the burden to prove your use of the property is harming others.
and will the public defender help me to defend myself like if they say, "he harassed us"? i dont even see how they can prove that since they didnt record me saying a word to them, and only have emails from me, two, that simply state they are ignoring that im disabled and didnt give a reason to enter, being that that door frame was nailed back on, and its not as if that somehow compromised the structural intergrity of the apartment to do an emergency inspection. oh yeah and there were no bad smells in my apartment, only a few days later from the mold from the kitchen sink they neglected.
The public defender will not be involved at all.
Ok so then say the judge sides with me, and my dad has the lease for the whole year, they cant legally refuse his paying rent can they?
Or if they do, then what?
Like I win in court and they say, We dont want your money, then what?
No they can't. If they refuse to take payments, that is their decision. You still have to make the payments though.
But so then if they refuse to accept that has to be documented right, that they simply arent taking it? Not that they wouldnt but since they are going to bizarre extremes to get rid of me, who knows what's next.
Yes, them failing to refuse to accept payment won't evict you. You just have to show you made payments.
And one more question,
If they refuse to renew my least for the next year after this, supposing I'm correct that they are harassing me, whatever the reason, can I make a case then for them doing so in retaliation, and isnt it against the law to retaliate against tenants in that way? And again, I'm disabled and impoverished.
Like say for my bad review which I know they saw, they cant, I hope, give one of those refusal to renew lease things for "no cause" easily at least, can they?
Cant I make a case against them that they are retaliating or at least have a judge have them allow me to stay one more year then?
Or is that something tricky?
Like that needs a lot of legal think tank work hah?
Ooops one more question too, which lawyer am I speaking with, because at first I was told a blonde one and I dont remember the description had an answer for me but right now I see "bizattorney" at the side and it's a guy.
shown a blonde woman I mean.
Ooops one more question too, so it doesnt matter if im the subleaser, I can still defend in court without my dad the main lease holder present and win?
No, they can choose to not renew your lease for any reason that is reasonably related to a business decision. My name is XXXXX XXXXX I'm definitely not a tall blonde woman.
No if you are a subleaseor and are being threatened with eviction, then you can defend yourself.
But say I go to court and try and make a case that they are retaliating and it has nothing to do with a business decision, will they have to prove that in court like that this is reasonable to get rid of me?
Or cant I at least, as a disabled person somehow extend my stay for a few more months or weeks at least before leaving?
They have the burden to show the facts are sufficient to evict you.
What about not renewing the least for 2014 without cause?
Cant I go to to court to press them fora reason?
and show its not related to retaliation?
They don't need cause. They can say pretty much any reason and the court will side with them.
To prove it is retaliation, you would have the burden and need to show all of the evidence.
But so then it would at least be possible to show its retaliation if i had evidence and get a win?
Yes, you would have to show that in court. It would be difficult.
I would suggest not wasting the money.
Like show that they were repeatedly trying to get my reviews deleted, and sent me baseless letters about me harassing such and such, and how they completely ignored that the guy below me broke into my place and was a clear threat to me and other tenants?
Personally do u find it odd they wouldnt evict someone for a break in like plain as day break in but call me the harasser, without any evidence?
I understand, but if they base their decision on something not related to all of that, then you will not win. Especially here in Nevada.
Im saying, if im telling u the truth, that im a peaceful person.
Landlords always do strange things and sometimes they get away with it because people don't know their rights.
Oh then. Thankyou Kirk for your help. God bless you.
I understand you are.
Thank you!! Have a great night!
Please give me feedback too if you have a second.
There should be a green accept button.
oh they are all grayed out, u shud tell them to surround them with a ring of color. okay thanks bye
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