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RedFord150

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Posts: 128
Reply with quote  #1 
I am a CA LL. However, I am assisting my Niece in Las Vegas, NV. This is Clark County. Niece lives in a large complex. Anyway, Niece lost job and missed rent due on 1st of this month. 17 days ago. She was served the 5 day notice. She did not pay. She was served another notice stating that eviction would be filed on Monday, 3-18-19. I advised her to get all her stuff out and turn in keys. She will owe for rent through today. She understands that. She cleared out Saturday, 3-16-19 and arrived at the office at 9AM on 3-18 to turn in keys. Manager told her the eviction was filed last Friday, 3-15 and the locks are already changed. No need to turn in the keys. Niece is really upset that she cooperated, but still has an eviction against her.

IMHO, the LL locked her out without a Court Order and filed the eviction knowing that tenant was trying to comply with last notice. 

I am lost here. None of this is legal in  CA. Is it legal in NV?...If not, what is her recourse?
AccidentalRental

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Posts: 203
Reply with quote  #2 
Sounds like it might violate NRS 118A.390 if she was mis-notified.  If that second notice is part of the process and they misinformed her then it might violate that law.

Maybe a local lawyer will work on her behalf to get the eviction overturned.  Assuming her legal fees can be part of her awarded damages. 

I'm not sure how it will go over with the judge though.  Bottom line is she didn't pay rent.

Edited.

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RedFord150

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Posts: 128
Reply with quote  #3 
Thank you for your reply. We agree on the unpaid rent. The question is did she take all necessary steps to avoid eviction? Eviction is the process to remove a tenant that is not willing to leave. She left willingly and ended up with an eviction anyway. As finances permit, she will eventually pay what she owes. It appears to me the LL acted with Malice and violated the law in the process. I am thinking she may not end up owing anything. We are waiting to see what steps the LL will take before we consult a lawyer.
LLinVA

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Posts: 545
Reply with quote  #4 
It almost sounds like the landlord didn't file. Who knows if they did, when they did, etc. She will be served notice if the landlord actually filed for a court date to pursue an eviction. You can check the court records and see if there is anything pending with her name. They may have just said it was already filed just to rub it in. A good landlord will re-key between each tenant, so not getting the keys back may not be an issue to them either. 
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