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Can the new owner terminate an expired lease with a 15 or 30 day notice ? Owner Change

Discussion in 'Other Residential Landlord & Tenant Issues' started by angi, Mar 9, 2016.

  1. angi

    angi Law Topic Starter New Member

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    The purchase of my building is in escrow and will close in 7 days. The new owner does no wish to continue residency for one problem tenant. They are paid in advance through the end of next month. As an incentive he is offering to return to them their next month's rent along with $400 of their security deposit (which they are in no way entitled) provided they vacate by the 31st. They have implied that they will not do this. Can I give them a 30 day "No Cause" termination or an unconditional termination ? Also what do I do if they do not sign ? They have said that they want a formal eviction that can take as much as 8 months in Nevada.
  2. adjusterjack

    adjusterjack Super Moderator

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    Well, yes and no.

    They are paid up until April 30 so your notice would be that the tenancy terminates April 30. To terminate sooner would have to be for cause.

    After you have given notice of termination for April 30 and they are still there, you file eviction through the courts.

    Unless there is something in your sales contract guaranteeing that this tenant be out by close of escrow I fail to see why this is your problem.

    "They" said. Who? The tenants? No landlord with half a brain takes legal advice from a tenant or succumbs to threats.

    But if you have personal knowledge that an eviction through the courts could take 8 months and you and the new owner want the tenant out quickly, I suggest that somebody come up with more money to convince the tenant to move out.
  3. army judge

    army judge Super Moderator

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    Hold on, OP, hold on.

    The prospective owner must honor the obligations of the current owner.
    That is to say, the duties owed to the current tenants by the current owner are assumed by the new owner WITHOUT EXCEPTION.

    The prospective owner can offer CASH INCENTIVES to PURCHASE the leasehold from any existing tenant. The tenant is FREE to refuse all such offers.

    I've been where you are about to be.
    Trust me, money talks.
    You INCENT the "problem child", he or she will eagerly vacate.
    Think about this.
    If the rent is $500 a month.
    The eviction will cost you at least $4,000, plus legal fees.
    You dangle a couple thousand quid in front of him or her, they'll salivate and agree.
    Never pay until they leave, and get it in writing, signed, and properly witnessed.
    No cash until they're off the premises.
    Problem solved.

    Be careful in using the term PROBLEM TENANT.
    That tenant could become a PROBLEM PLAINTIFF!!

    If your tenant is on a month to month tenancy, the notice requirement to terminate his or her tenancy is 30 days.

    Notice to Terminate a Lease – Yearly Lease: No Statute (The lease must be honored. Once the lease expires, or nears expiration, USUALLY 30 days.)

    Notice to Terminate a Lease – Month-to-Month: 30 days (NRS 40.251)

    Notice to Terminate a Lease – Week-to-week: 7 days (NRS 40.251)

    Rent Increase Notice: 45 days notice, or in the case of any periodic tenancy of less than 1 month, 15 days in advance of the first rental payment to be increased (NRS 118A.300)

    Eviction Notice for Nonpayment: 5 days (NRS 40.2512)

    Eviction Notice for Lease Violation: 5 days, but must fix the issue
    within the first 3 days or Landlord can file for eviction. (NRS 40.2514, NRS 40.2516)
    angi likes this.

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