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Legal Eagle
Legal Eagle, Lawyer
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Experience:  Licensed to practice before state and federal court
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State of Nevada, Washoe County. No rental agreement between

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State of Nevada, Washoe County. No rental agreement between landlord and tenant.Tenant has been on property for aprox. 3 years. Landlord owns the property. there was an existing mobile home on landlord's lot which this tenant was original a roomate to the original owner. Owner of mobile home passed away, leaving mobile home to said tenant. PROBLEM, NO AGREEMENT IN WRITING HAS ALWAYS BEEN VERBAL. Tenant is no claimimg frewsh water well is contaminated by neighbors sewage leach line or possibly other source. Tenant is refusing to pay and has sent a notice to landlord that will not pay until contamination is fixed. QUESTION, I need the easiest solution to solve this problem with tenant, I believe she cannot be evicted under the current conditions. I am a third party, helping the elderly landlord . I am needing legal assistance in best way to get her off property with least hassle. I have suggestions of selling property "in house" so to speak and then could tenatively evict? as I wish to build a multi billion dollar home in place of the mobile shack on it now, just a coverfar fetched story anyways any means nec. are on the table for quick undistbutable LEGAL eviction of no more then 60 days. I need knowlegable advice for the State of Nevada. Thank you for any help in this matter. Mike
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: AS stated NEVADA
JA: Has any paperwork been filed?
Customer: NO only notice sent to landlord with test results
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do not believe so it is all in initial contact with you, Thank you

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

I’m sorry to hear about your situation, but it’s good that you’re looking to do something to help out this situation. Generally, in the state of Nevada, landlords have a duty to fix problems that make a place uninhabitable. Tenants have the right to not pay rent until the matter is fixed. Also, if there is no written lease agreement, then the tenant is going to be a month to month tenant. This means that the landlord can evict the tenant with at least 30 days written notice for no reason so long as it is not discriminatory (e.g. race, gender, age, etc.). In this case, there are a few options that the landlord and tenant can have. In exchange for waiving the 30 days wirten notice, the landlord could offer to pay the tenant to leave the property as soon as possible. The landlord could also provide at least two to three other places the tenant could leave in the meantime to encourage her to leave. Accordingly, the tenant could agree to waive any security deposit return (if possible) in exchange for staying on the property any time past 30 days or in exchange for staying rent free, pay to have the water issue fixed. The idea here is to figure out what each parties interests are and figure out how to meet them. For instance, the landlord probably has an interest in resolving this issue and the tenant has an interest in staying secure in their living. Thus, an agreement, for example, wherein the tenant can find a place to live and the landlord can be done with the issue would be best. There aren’t any specific legal remedies that each party has, but on balance, the tenant has at least some remedy (non-payment of ren) and the landlord does too (eviction), but by mediating this matter in the way I suggest, you may be in good hands.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 26 days ago.
OK, SO I CAN EVICT WITH NO CAUSE I HAVE THAT AND AM FAMILIAR WITH THAT LAW BUT THERE IS A MOBILE HOME ON THE PROPERTY THAT IS SUPPOSEDLY OWNED BY TENNANT. I CAN DO THE 30 DAY AND GO FROM THERE. I WILL EVALUATE THE SITUATION AS I HAVE A MEETING WITH HER TODAY.

Correct. The landlord can evict without any cause so long as they give 30 days written notice. Even if the tenant owns the mobile home on the property, they're not allowed to stay on the property if they've been evicted. You may want to remind her of the law and that just because she has a mobile home there it does not entitle her to stay at all. You can also explain that even though there is no written lease agreement, that actually means that the landlord has the ability to evict her for any reason or no reason at all. What other questions do you have for me regarding this?

Customer: replied 26 days ago.
THANK YOU JUST TO CONFIRM WELL IS CONTAMINATED THERE CAN BE NO POTENTIAL RECOURSE ON HER PART WHEN I GO WITH THE 30 DAY CORRECT? AND THANK YOU SO MUCH FOR YOUR HELP

You're welcome! It's possible that she could sue for breach of contract, but because she has already withheld the rent, it is likely that a judge wouldn't award her anything else.

Customer: replied 26 days ago.
Great thank you for your help have a great weekend!

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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