How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I purchased the assets of a compant in Las Vegas Nv. about

This answer was rated:

I purchased the assets of a compant in Las Vegas Nv. about 6 months ago. His land lord wanted me to assume his lease. After a little home work I found out it was wasy too high of rent. So I paid the market rate of rent for 5 months. Now here on the sixth month he accepted my rent and then the following day gave me a notice to move or he is locking me out on this Friday. I do not mind moving at the end of the month, but would like to stay through the time I have paid rent for.
What can I dio?

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

Kirk Adams :

Is there no written lease between you and the property owner?

Kirk Adams :

If there is no written lease between you and the property owner, then you would be on a month to month tenancy for rental at the rate you agreed to / that he has accepted for the past 5 months.

Kirk Adams :

That being the case, the landlord cannot lock the doors on you and refuse to allow you to enter UNLESS you are delinquent in your rent. However, if you never assumed the terms of the previous lease, then the landlord should not be able to hold you to those terms.

Kirk Adams :

If you were delinquent in payments, then what the landlord is threatning is true in regard to commercial rental property. Here's a good link that states the Nevada law and does allow a landlord to lock the doors as soon as a delinquency occurs: http://ameglegal.wordpress.com/2011/09/16/commercial-landlord-tenant-eviction-laws-new-oct-2011/

Kirk Adams :

In your case, where you're not delinquent on rent, the landlord is required to provide at least 1 month's notice for you to vacate.

Kirk Adams :

However, if you can agree to be out by the end of the month, then that would be acceptable (as long as you both agree).

Customer:

Ok, when he says he is going toock me out, I can say by accepting my money for five months, it is assumed, I am the renter on that aggreed amount. The law states as long as I am current with my rent he has to give me 30 day notice. Every month he gives me a bill, which was the amount of the old lease, then he subtracts the amount I pay, so it looks as if I am very delinquent. Reality never late, just paid what was fair.

Kirk Adams :

IF you never agreed in writing to accept or assume the old lease, then you can claim that his acceptance of your rent payment was the new month to month rental agreement that you had. His acceptance of payments for the previous 5 months establishes a pattern and practice between the two of you.

Customer:

What should I do if i am locked out friday?

Kirk Adams :

However, that doesn't mean that he can't claim that you agreed to pay rent at the old contract rate, and that after 5 months of your refusing to pay, he considers you delinquent and has locked you out under the statute cited in the link above.

Kirk Adams :

If he does lock you out, then you'd be compelled to sue to lift the lockout he has imposed.

Kirk Adams :

You would have to claim that you have no written lease, but only a month to month agreement at the amount you've paid all these months.

Customer:

Should I try to get out and kiss the money I paid good bye

Kirk Adams :

If the landlord has allowed you to stay in the property and hasn't sent demand letters or otherwise demanded anything over the rate you paid, then you have a valid claim that rent is what you paid and that you're not delinquent.

Kirk Adams :

IF the landlord has issued you bills every month in the full amount of the old lease, and he's deducted your rent and carried the amount not paid forward, then I certainly can see he has a claim too.

Customer:

Never sent anything but a ledger of outstanding and credits of my payments

Kirk Adams :

If you want to avoid spending a lot of money in litigation to be able to get your things and get out, it may be much cheaper for you to eat the loss and get out before he locks the doors.

Kirk Adams :

Even though I think you have a valid legal argument, you may spend more than it's worth trying to prove your point - - the best business decision may be to try and get out and avoid the potential of being exposed to paying the balance he claims is due.

Customer:

Thanks for your help. thought you were going to say that. My get was exactly that. good job

Roger and 3 other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions