Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.
Is there no written lease between you and the property owner?
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.
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.
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/
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.
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).
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.
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.
What should I do if i am locked out friday?
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.
If he does lock you out, then you'd be compelled to sue to lift the lockout he has imposed.
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.
Should I try to get out and kiss the money I paid good bye
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.
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.
Never sent anything but a ledger of outstanding and credits of my payments
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.
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.
Thanks for your help. thought you were going to say that. My get was exactly that. good job
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).