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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37040
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am currently with a 3 day eviction nuisance notice on a

Customer Question

Good Afternoon, I am currently with a 3 day eviction nuisance notice on a tax deed sale property, formerly my home. and do not know how to proceed. What legal form of letter or notice would be applicable in this case to the new tax deed holder. Should an inspection on the property be done with them prior to relinquishing the home keys? I want this to be a smooth process.
JA: OK. The Real Estate Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: not in this matter
JA: Anything else you think the lawyer should know?
Customer: that is all the moment
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year 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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Are you saying that you are still in the property that has been sold at a tax sale and the new owner has given you a 3 day notice to vacate?

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thanks

Barrister

Customer: replied 1 year ago.
oh there you are. Yes that is correct.
Expert:  Barrister replied 1 year ago.

Ok, have you been paying any type of rent to the new owner or have they just purchased it and are now proceeding with an eviction?

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Are you wanting to know what the process is and what to expect?

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Also, what state is this in?

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thanks

Barrister

Customer: replied 1 year ago.
no I pretty much understand the process of the tax deed sale. What I see now is an aggressive purchaser that wants to obtain possession of the property, i dont blame them it was a great auction find. In doing so they have served the home with a 3 day notice to quit Nuisance filing from the constables office and stating the reason As follows
"Landlord states: Tax Deed New Owner". Due to the numerous calls and visits to the property during the time it took to file with Assessors office and Recorders office I was made a little nervous.
Customer: replied 1 year ago.
State of Nevada
Customer: replied 1 year ago.
I built the home with my deceased spouse in 1997 and have resided their every since.
Customer: replied 1 year ago.
there, sorry
Expert:  Barrister replied 1 year ago.

Ok, if this is just the new owner wanting to take possession, they can't hold you liable for the condition of the property anyway because there is no contract between you and them. So you don't need any inspection and you don't have to move out in that 3 days. You can force the buyer to pursue a formal eviction action through the courts which will typically take another 2-4 weeks, depending on the court's and the sheriff's schedules before the new owner could have the sheriff physically force you to vacate.

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They have to give you a 3 day notice to vacate and if you don't then they have to file a formal eviction action (unlawful detainer) in court with a complaint and a summons for you to appear in court.

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Then you would attend the hearing and the judge would rule in favor of the new owner and issue a writ of restitution and set some date for you to move out. If you didn't move by that date, the owner could get the sheriff to physically remove you.

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You can gain some additional time by filing an Answer when you are served with the Complaint and summons. The clerk should have a template form that you can complete and file in response to the Complaint.

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It should buy you 11 to 20 additional days before a hearing is held. At the hearing you can ask the judge for more time to move out before a writ of restitution is effective for the sheriff to forcibly remove you.

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thanks

Barrister

Customer: replied 1 year ago.
I do understand the condition is in no way a real concern if they purchased the property as is at sale. There is another side to this and that is the fact that the title previously was never filed removing the deceased spouse...Termination of Joint Tenancy I believe it was called.
Customer: replied 1 year ago.
There was a Trust and Will that never was probated and thus gives me reason to have title issue concerns for the new owner. I dont know how this could affect him or me but thought I would throw that out there.
Expert:  Barrister replied 1 year ago.

After a tax sale, that is kind of a moot point at that stage of the game as the tax sale cuts off the rights to all the prior legal owners. If this was a property that was owned in joint tenancy, then when one owner passes, their interest extinguishes instantly as a matter of law leaving the survivor the sole owner. The Termination of Joint Tenancy filing is just a "clean up" filing to remove the deceased's name from the official records as an owner. But it isn't mandatory and doesn't affect the title.

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As for a trust and will, the tax sale cuts off all previous owner's interests in the property..

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thanks

Barrister

Customer: replied 1 year ago.
ok. That works. How would I best proceed with the new owners at this point. Meet with them in person and give them a tour of the property or?
Customer: replied 1 year ago.
turn keys into the constable office? not good as this stuff.
Customer: replied 1 year ago.
at
Expert:  Barrister replied 1 year ago.

Honestly, you don't owe any duty to the new owners and can simply put the keys in the mailbox once you have moved out and vacated. But I don't think I would be giving out tours of the property if it were me. When they contact you, I would just tell them that you will leave the keys in the mailbox when you are moved and call or text them letting them know.

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thanks

Barrister

Customer: replied 1 year ago.
That seems like it would be a sensible thing to do. I question why you dont think giving the property a tour is a great idea?
Expert:  Barrister replied 1 year ago.

Well, to be honest, if it were me, I wouldn't be particularly happy about being forced to move out of my home and therefore wouldn't be in a great mood to be giving tours.... But that is just me...

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However, that would be an extremely gracious thing for you to do for the new owners..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 1 year ago.
appreciated. Thanks Barrister and may your weekend be a spectacular one.
Expert:  Barrister replied 1 year ago.

Thanks very much...

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All the best to you and yours..

Barrister

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