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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a rental agreement with an individual. He has left

Customer Question

I have a rental agreement with an individual. He has left and moved in others.
They have been there for a few weeks. There is lots of them. They have garbage
every where. They are bringing items clothes, etc and leaving outside.
What can I do? Help
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the tenant under a fixed term lease or are they month to month?

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Are you saying that the tenant has completely moved out or are they just gone for a while?

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Do you have any occupancy limits in your lease for the property?

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thanks

Barrister

Customer: replied 2 months ago.
Month to month rental agreement.Just gone did not move or give me any notice.
Limits on use. And occupancy
Only. Tenant. Occupancy by guests for more than 10 days is prohibited without landlords consent and will be considered a breach of the agreement.
Customer: replied 2 months ago.
What is my answer????
Expert:  Barrister replied 2 months ago.

You posted at 10:49 it is now 10:51... it takes me a few minutes to type out a response as this isn't an instant process..

Expert:  Barrister replied 2 months ago.

Ok, then your best recourse here is to just terminate the tenancy with a 30 day written notice to the tenant and "all unknown occupants". Then if they don't pay the rent, you can give the tenant a 5 day written notice to pay or vacate and then evict through the courts.

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You could give them a 5 day notice of lease violation, but they then must fix the issue within the first 3 days or Landlord can file for eviction. (NRS 40.2514, NRS 40.2516) So you get into a battle about whether they cured or not..

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So I would just do the 30 day, and hope that they don't pay the rent so you can then accelerate it by giving them a 5 day notice to pay or vacate.

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Then when either notice expires, you can file a formal eviction action in court against the tenant and all unknown occupants and throw everyone out after you get a judgment and a writ that the sheriff will execute to remove everyone there.

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thanks

Barrister

Customer: replied 2 months ago.
You did not help me. He paid rent.Where do i go to file eviction notice?
Think i can file do to breach
Of contact 10 day agreement. Please respond
Expert:  Barrister replied 2 months ago.

You aren't understanding what I am suggesting... Let me break it down a bit.

1. Give a 30 day notice to terminate the tenancy.

2. See if they pay the rent when due next month.

3. If they don't, then you can give them a 5 day notice.

4. At the end of the 30 days, even if they pay the rent, you can still then evict the tenant and anyone else who is living there through the courts.

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Where do i go to file eviction notice?
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You either hand it to the tenant or you post it on the front door of the property.

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And you can do a 5 day notice for a lease violation... I posted the statutes above that allow that. So yes, you can give them a 5 day notice and spell out the violations of the lease.

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thanks

Barrister

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