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Is restraining order appropriate?

Las Vegas, NV |

Two weeks ago I moved in with a "friend" of mine into her apartment. She told me I could "stay as long as I like".
Three days later she told me to to get out. My boss, who is a lawyer but not a practicing attorney got involved and informed them that if they want to remove me they have to follow NRS 118A. They changed their tune a bit and asked me to sign a paper. On the paper was written that I would "stay their for a 'couple' of weeks" but was not a "room mate" and they could "ask me to leave whenever they felt". The paper had been signed when I received it.
Now, just 3 days after that I am being told that I have to come get my stuff and move out.

What can I do to protect me and my personal belongings? Should I file a restraining order and/or file for unlawful eviction?

Attorney Answers 1


The key is whether you qualify as a "tenant" under Nevada landlord/tenant code. Your boss was mistaken, because it is unlikely you are a tenant as defined by NRS 118A. Under landlord tenant code, “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Unless you were under a rental agreement, you are simply a guest, and they can ask you to leave any time they want.

The law does not allow you to occupy a space for free. You have to leave if they ask you.

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OK. I went to the court house at lunch at the self help center. I explained that I was moved in, told I could "stay as long as I liked", paid rent, received a signed letter a few days later stating i am allowed to stay there but not permanently. I received threats today from my room mate that she was going to throw my thing in the dumpster/ have police remove it... The help center told me that she has to file eviction proceedings first.

Thomas D. Boley

Thomas D. Boley


Ah. Key factor is that you paid rent. Then the law assumes a month to month tenancy. If you are not in compliance with the rent agreement, they can do a five day notice to pay rent or quit, which means you would need to answer that in court or leave the premises in five days. If you are in compliance with your rent agreement, they would need to give you 30 days notice, since the assumed term of the lease is month to month.

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