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Navigating real estate issues can be extremely difficult if you’re inexperienced. There are so many different types of contract provisions that you need to be aware of, as well as to know what to do in specific situations. This is especially true with the area of law surrounding Landlord/Tenant Issues.
When it comes to Landlord/Tenant Law, there can be so many complications that lead to Court. Because these real estate issues are so complicated, you should understand as much as possible about your transaction, your buildings, and your contracts. Here are some frequently asked questions regarding property law in Nevada.
- When should I contact qualified real estate lawyers? –If you’re involved in any sort of property dispute or legal issue and you are not sure what to do, the first thing you should do is contact a trusted real estate lawyer. If you are not careful, you may give up rights you have or put yourself in a worse position that can cost you a significant amount of money and even make you lose your property.
- How long do I have before I can evict my Tenant? — The answer is: It Depends. According to Nevada State law, Landlords are required to provide their tenants official notices prior to attempting to evict them since Landlords cannot use self-help to remove their tenants. For example, if a tenant does not pay rent by the date the Lease Agreement says rent is due, a Landlord can post a Five-Day Notice to Pay or Quit. If the Tenant does not respond, the Landlord can then go to court and get an immediate eviction notice. If the Landlord responds, the Court will set a hearing and give both parties the right to present their position before deciding whether or not to evict the tenant. .
- Am I charging too much for my security deposits? — According to Nevada law, Landlords can charge up to three month’s rent for a security deposit. If you believe that your security deposits are too high or that they do not equate to less than three month’s rent, you should contact your eviction lawyer right away to discuss your options.
- If I do not provide proper notice and refuse to return my tenant’s security deposit, can I be sued? — Yes, a Tenant can sue its Landlord for failure to provide proper notice of how the Security Deposit is being used and for not returning the remaining balance of the security deposit. In fact, a tenant can pursue a claim against the Landlord for up to double the amount of the Security Deposit.
- Can a Tenant withhold his/her rent payment from a landlord? — The Tenant is legally allowed to withhold rent from a Landlord if the Landlord fails to keep the property in a habitable condition, which includes heating, air conditioning, weather proofing, plumbing problems, etc…. However, if the Tenant wrongfully withholds rent, a Landlord can evict the Tenant for non-payment of rent.
- Does my Lease Agreement comply with Nevada Law? — According to Nevada law, related to residential leases, Nevada law provides for certain provisions that must be included in all residential Lease Agreements. If these provisions are not included, the Lease Agreement could be void and unenforceable. Therefore, if you are not sure your Lease complies with Nevada Law, you should schedule a time to meet up with a Real Estate Attorney and make sure your Lease includes all of the required provisions. You do not want to find out your lease is invalid after a dispute with your tenant arises!
If you have any more Real Estate Law questions or want to speak to qualified real estate lawyers, please feel free to contact the Law Office of Tony M. May, P.C.