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Possible illegal eviction. Eviction Defense

Discussion in 'Eviction, Recovery of Premises' started by avan67, Nov 23, 2019.

  1. avan67

    avan67 Law Topic Starter New Member

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    I have a unique situation. I have been renting a room in a house in Nevada for the past year. The house is occupied by a friend's daughter and her children. The house is owned by said daughter's aunt, my friend's sister.
    We did not set up a rental agreement only a verbal agreement that I would pay 1/3 rent and $100 in utilities each month.
    Mid October this year the roommate informed me that her parents were moving into the house and that I would have to move out. When I asked where I was supposed to go I got a shrug. I did not receive any formal eviction notice and I have always paid my rent, been civil, clean and respectful. I was quite upset over this as I had recently enrolled in school on top of working and also had just put myself on a financial plan to pay off debt. I am now once again in deeper debt due to having to borrow for moving. I was quite angry about how this process went down and a few weeks after being asked to leave, the daughter (my roommate) had her parents come up ( these are the friends I mentioned) and begin to move things into the house and things got ugly. They ganged up on me and became hostile and argumentative. They implied I should be grateful for the opportunity to have lived in the house and should not be upset about having to move and that I should be empathetic to their situation (not sure exactly what it is since they didn't tell me). It seemed that the parents began acting as if they were the actual landlords. They have no ties to the house except for their daughter residing there.

    The initial encounter has made me uncomfortable and now things are weird. Roommate has been acting petty but I have been just ignoring it and staying my course to move out. Fast forward to today and the parents have shown up again ( i received no notice of this) and they are already moving in. I have until the end of the month to be gone. They are partying in the house and it stinks of weed and playing loud music. They have stuff all over and they have brought their pets. I feel like this is not the way this process should work even if we have known each other for years. The whole environment is hostile and aggressive. It's early in the morning and they are banging around. I am aware there is a process for eviction that did not happen. I would like to know if I have any recourse in this matter to recoup the cost of the move?

    Thank you,
  2. adjusterjack

    adjusterjack Super Moderator

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    Probably not.

    That was more than 30 days ago. The Nevada statutes only require at least 30 days notice. See NRS 40.251 (2):

    2017 Nevada Revised Statutes :: Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property :: NRS 40.251 - Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request.

    As for your notice not being in writing, Nevada allows for written notice but does not appear to require it. See NRS 118A.190:

    2017 Nevada Revised Statutes :: Chapter 118A - Landlord and Tenant: Dwellings :: NRS 118A.190 - Notice: Definition; service.

    1(a), (b) and (c) all apply to the notice you received mid-October. Your 30 days have already expired and you should have been out.

    You can dig in your heels if you want to, but sooner or later somebody will take you to court and evict you and that won't be a good thing.
    Red Kayak likes this.

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