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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54714
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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This is in Carson City, NV. I'm 56, disabled and a single parent.

Customer Question

This is in Carson City, NV. I’m 56, disabled and a single parent. After months of seeking a suitable affordable place for my son and I, on 6/26/15 one was found. I paid the property mgr. the prorated balance of June through to July 1st, July’s rent in full, and a deposit. I was given a receipt and the key’s, arranged for the utilities to be transferred and started moving in. On 6/28/15 at 10 am, the mgr and I signed the lease, 10 hours later that same day I received a call from the owner who lives in Las Vegas, him saying sorry we have to leave. He offered to return all I paid plus $500 for my trouble, and has since been politely pushing me to sign a release which would bind us to vacate by July 31st, I have not yet signed and would rather know my options first. I don't want to be so intrusive as to force our staying if the owners opposed, yet the extra $500 will hardly compensates for anything. What if any would be our options? Please advise. MJP
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
You have absolutely no obligation to move. Rather, you are entitled to stay for the term of your lease unless you come to a settlement acceptable to you. And, $500 is not sufficient in my mind; you should get much more than the $500 for all your trouble, PLUS reimbursement of all costs of moving somewhere else PLUS, as you mention, a refund of all your money. And, you should only agree to a vacate date that allows you time to find another suitable place. The property manager was acting as the owner's agent and you have a binding and enforceable lease. Just as you wouldn't have had the right to unilaterally terminate the lease, neither does the owner. And, the law does not allow an owner to take any action to forcibly evict you or constructively evict you by harassing you or shutting off utilities. In order to evict you the owner would have to file a petition with the court and a court would no grant an eviction order when you have a binding and enforceable lease. So, if the owner wants you out before the end of the lease term, he's going to have to propose terms that you find acceptable.
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