I am a month and a few days late on my rent due to an issue with my tax return. My husband is currently serving a prison sentence I am in employed and expecting our first child. One of the property managers from a different property has given me a 24 hour notice to move out pack all my belingings and be out by later on today.
A notice is not an eviction and only your landlord or their manager can evict you with a court order. You need to find a lawyer to respond to the notice at once. The notice may be in error or ineffective but you need to take steps now to find out what is going on. Evictions are a court process and while not desirable are your right as a tenant.
Try Avvo Advisor at instant.avvo.com if you want to speak directly with myself or another attorney right away. Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
First, look at your rental agreement terms - is there a "cure" period specified that allows you X days to pay rent and any late fees before default is declared? Beyond any contract terms, Nevada law requires a landlord to give a 5-day notice to pay rent or quit (if eviction is for nonpayment). This provides two options: (1) move out by the 5 day deadline, or (2) pay up before the deadline. If a tenant stays beyond the 5 day deadline and does not pay the rent and fees due, then the landlord would need to go to court and file an eviction (also known as unlawful detainer) lawsuit.
Yes, your landlord would have to file for an eviction order. If this is a 24-hour lockout order, it's possible the landlord got the eviction order without properly serving you the 5-day notice that Ms. Harrison mentioned (I presume you didn't get the 5-day notice since you didn't mention it.). You should check with the justice court to see if the landlord got an eviction order against you, and you can attempt to file a Motion to Stay the eviction to see if the court will give you more time to move out. The court could say no, though. If the landlord did NOT get an eviction order from court, then the landlord cannot legally force you out of the property until obtaining that order.
There is a very good pro bono program on the first floor of the courthouse which answers questions for free to landlords and tenants. Look at the lease first and also check to see if he has served you with a notice to pay rent or quit. 24 hours for failure to pay rent is not enough notice under Nevada law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline