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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112766
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If you have a signed lease that states you are renting a

Customer Question

If you have a signed lease that states you are renting a house in Nevada under the new 2015 laws can you still be charged with a criminal offense under the new 2015 laws in Nevada on squatting if the house is a foreclosure owned by the bank but you have a signed lease even if the lease is fraudulent due to a scam and you were the person that was scammed can you still be charged with a criminal offense even if you were the one scammed and you have a lease whether it is legit or not you still hold a lease and the utilities are on in your name with mail coming to the residence in your name and all can you still be charged under the new 2015 laws put into effect in Nevada ????
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the tenant has a lease that is a scam and they truly are a squatter, the law provides that the judge may give them 30 days to vacate the premises and dismiss the criminal charges. It is up to the tenant to prove to the court that they were a victim of a scam.
So, if the tenant is charged by the police for improperly squatting in the house and if they have a lease then they need to present that lease to the court and show how they were reasonable to believe the person they were renting from had authority to lease and they were scammed and once they do that the judge would dismiss the case.
Customer: replied 1 year ago.
does that mean that the banks no longer will pay out the cash for keys on a person leasing a foreclosure in Nevada anymore
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the person has a legal lease, then the federal law mandates they get 90 days to be evicted by the banks or the new owner in foreclosure. In those cases the banks will pay cash for keys. Even under the new NV law, if the tenant proves they are truly a victim of a scam, the banks will sometimes give cash for keys in order to avoid going through the court process knowing that as a scam victim the court is going to give the tenant 30 days.