Landlord Question and Answer Forum

My parents own a home in Henderson NV. They are trying to shortsell the home, and it does have a tenant living there. The tenant is paid up on rent. My father served them with a notice to vacate as he feels that having a tenant is making the home less attractive. The notice to vacate was served to them on March 8, and gave them until March 20th to vacate. However, he was worried that they wouldn't leave, so he went ahead the next day and filed a three-day nuisance notice. After that he served the 5 day unlawful detainer and they filed a response. He has court tomorrow morning. I am trying to prepare him for court, but was concerned that he did not wait until the end of the time in his written notice to vacate before he filed the next notice. Anyone know if he has to do this?? Thank you so much.

First all notices to vacate for NO CAUSE must be given according to the lease. If the tenant is a month to month renter, you can terminate the tenancy with a proper written notice. Check into how much notice is required and give them notice. If they do not move out willingly, you will have to evict. Usually it is thirty days for a month to month lease. ( a tenant who pays monthly) If the tenant has a fixed term lease, you cannot do much until the lease expires. You must properly terminate the lease and then evict if they do not move out willingly. If the tenant is in breach of the lease, you must issue the proper notice to cure or terminate per Nevada landlord/tenant law. Again, if they do not move out per the notice, then you have to evict. This is an unusual case because first a no cause termination notice was sent and then only a few days later a for cause" notice was sent. Be prepared to explain to the judge - WHY the change of heart? Did the tenant start exhibiting a breach of lease a few days after you sent the original notice? To be honest, this sounds like a bit of a complication and I would at least have a consultation with an attorney. But if you cannot go that route, I would try and be honest as possible with the judge.

Posted by Donna , NC on Wednesday, March 30, 2011