Landlord Accepts Money After 5 Days, then Evicts
My question involves an eviction in the state of: Nevada
After becoming behind in my rent & realizing I would not be able to pay further, I offered to move out but the landlord said she would work with me. She instructed me to deposit the money into her son's bank account, which I did & have the email instructions & deposit receipt, even an email acknowledging receipt of payment. One week later, she filed a summary judgment that says I must leave the property in 24 hours.
What are my rights & what steps do I need to take? Please help.
Re: Landlord Accepts $ After 5 Day - then Evicts
I am from Utah so I don't know the technicalities of Nevada law.
However, generally speaking if you have an e-mail from her with instructions you have a verified contractual agreement. Be careful though. You don't want the Sheriff showing up at your door to escort you out just because you have a breach of contract to fight about later. You could likely sue for wrongful eviction, breach of contract, etc. etc.
I am a landlord and one of my tenants just filed a motion to try to stop his eviction. He missed all of his deadlines over two months, but somehow thinks filing a motion today will stop his eviction on Sunday.
The Sheriff has a court order to remove him from my property and until the judge signs another order canceling that order, the Sheriff has to comply with my order.
It took me two months to get the order. In Utah, we call it an "Order of Restitution" and it's a lot of work to get one. May I ask how long this has been going on?
You could try to file an emergency injunction to stop the eviction and you'll probably need an attorney to do it. However, I'm not sure if you'll have time to get it heard before you are forcibly removed from the property.
Honestly, I would just move. You'll end up spending 2k in attorneys fees when the money is better spent on a new down payment. If your landlord kicks you out like this you don't want to live there anymore anyway IMHO.
So, IMHO, I would move and sue later for breach of contract once you have a safe home...and consult an attorney who knows Nevada law ASAP.
Re: Landlord Accepts Money After 5 Days, then Evicts