Full question:
My roommate and I leased a house in February and signed a lease agreement. In May,the property was sold to a new owner that told us he fired the management company retained by the old owner and to send the rent monies to him directly, and he would send us a new lease to sign. We sent him the check directly for the month of June. We did not send money to the management company. The following month our financial situation took a downturn and so we decided to give a 30 day notice of int vacate which we did in writing. The new owner does not want us to leave and has hired the old management company back again and said we are still under the old lease. In the old lease, under the term clause, it states that a 30-day written notice of intent to vacate is required of the tenant prior to the expiration of this Rental Agreement. Today, we received a harassing phone call from the old management company stating that the new owner hired him back and that we are still under the old lease we signed with the old owner. And he will send a letter of response concering our notice of intent to vacate,stating that the new owner refused to let us leave and that we are responsible for the whole term regardless of our financial situation. (My ex-husband can not pay alimony because of some serious problems with the IRS which reduces my income by a third.) My questions are regarding our legal rights in this matter. Are we still under the old lease? The management company representative told us that the 30-day clause was for just the month prior to the termination date. It does not say that at all. Do we have legal grounds to leave? By receiving, and depositing our check directly, does that show that the new owner's intent was to manage his own property and that we had a month to month rental status until we signed a new lease agreement, which we have not received
- Category: Landlord Tenant
- Date:
- State: Nevada
Answer:
To determine if the old lease still applies, you should consider the Nevada statutes. If the old lease is in effect, the clause about providing a 30-day written notice of intent to vacate applies to the month before the lease ends. Here are some relevant points from Nevada law: 1. Any rental agreement must be signed by both the landlord and tenant (NRS 118A.200). 2. If there is no definite term in the rental agreement, the tenancy is typically considered month-to-month (NRS 118A.210). 3. When a property is sold, the new owner must inform tenants about the change (NRS 118A.244). 4. The landlord must disclose their information to tenants (NRS 118A.260). Since you sent your rent directly to the new owner, this could indicate that the new owner intended to manage the property themselves, potentially creating a month-to-month tenancy until a new lease is signed. However, if the old lease is still valid, you may still be bound by its terms, including the 30-day notice requirement. It's advisable to consult with a legal professional to explore your options.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.