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What is the statute of limitations prior to 2011 in regards to an apartment complex collecting a debt which includes rent

Las Vegas, NV |

late fees, early termination fees, etc. where they claim they evicted the tenant. The contract was a one year written lease which started on Sept. 2007 and the tenants moved out on or about April 2008.

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Attorney answers 3

Posted

The SoL on breach of a written contract in NV is 6 years from the date of breach, which probably means when the last rent payment was due and not paid.

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Posted

Generally, for a written contract, a party may sue for breach within six years from the date of the breach. NRS 11.190(1)(b). Even if a tenant was evicted in a summary eviction proceeding, the landlord can initiate a separate action later to recover damages. G.C. Wallace, Inc. v. Eighth Judicial District Court, 127 Nev. Adv. Op. 64, 262 P.3d 1135 (2011).

This post is for general informational purposes only. No attempt is made to provide legal advice.

Asker

Posted

Has the SOL always been 6 years or was it 4 years previously to 2011? I saw somewhere where it changed in 2011 however it didn't state what it was previously. This written contract was signed back in 2007.

Arthur A. Zorio

Arthur A. Zorio

Posted

The 2011 amendment to NRS 11.190 only provided for a reference in NRS 11.190 to NRS 40.4639 (adopted in 2011). The period of 6 years in NRS 11.190(1) was not changed in the 2011 legislation. http://www.leg.state.nv.us/Statutes/76th2011/Stats201114.html#Stats201114page1745.

Asker

Posted

Thank you

Posted

7 years from the last date of your last payment to them if they got a judgment. If there is not judgement then 6 years. They can renew the judgment every 7 years to allow it to continue. If they have no judgment, they may have no case. The SL starts to run from the day of notice of the breach of the contract. Good Lluck!!

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Asker

Posted

I thought the SOL started from the last missed payment not when the notice was received? This happen over 4 years ago and the only notice received was via email on last Friday, which was a 30 day demand then sending to collections otherwise. No other notices, phone calls, emails have even been made prior to this. What is the possiblity they may settle for a lower amount and if they will is it like a short sale on a mortgage where it will show settled and not paid on the credit report? Thanks in advance.

Scott E. Chapman

Scott E. Chapman

Posted

Different for a judgment than a breach. Notice of the breach (the first missed payment) is when it starts, as long as no payments have been make since.

Scott E. Chapman

Scott E. Chapman

Posted

The possibility of settlement of a lower amount is more than likely depending upon your adversaries commitment to their cause and the amount in question, but every case is unique. You need to consult an attorney. This information is simply for general public educational purposes only. Let me know if you need a referral. Good Luck!!

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