Full question:
My landlord has decided to sell the house that I rent from her. I still have 9 months remaining on my lease. What are my rights? Can I ask for a monetary incentive? This is a huge inconvenience. I've barely unpacked from moving in, not to mention I do not want to be bound by another lease. I was hoping by the end of this lease, I'd be ready to buy a house.
- Category: Landlord Tenant
- Date:
- State: Nevada
Answer:
Typicallly, unless the language of the lease nullifies the lease upon sale of the rental unit, the new property owner will have to abide by the same lease agreement. The following are NV statutes:
NRS 118A.244 Notice or transfer of security to tenant and successor in interest required upon transfer of dwelling unit.
1. Upon termination of the landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within a reasonable time, do one of the following, which relieves him of further liability with respect to the security:
(a) Notify the tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to his successor in interest the portion of the security remaining after making any deductions allowed under NRS 118A.242.
(b) Return to the tenant the portion of the security remaining after making any deductions allowed under NRS 118A.242.
Ê The successor has the rights, obligations and liabilities of the former landlord as to any securities which are owed under this section or NRS 118A.242 at the time of transfer.
2. The landlord shall, before he records a deed transferring any dwelling unit:
(a) Transfer to his successor, in writing, the portion of any tenant’s security deposit or other money held by him which remains after making any deductions allowed under NRS 118A.242; or
(b) Notify his successor in writing that he has returned all such deposits or portions thereof to the tenant.
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1413, 1414)
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services; procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block his entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by the rental agreement or this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover his actual damages, receive an amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord’s conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises or the willful interruption of essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.
(Added to NRS by 1977, 1340; A 1985, 1417; 2003, 426)
NRS 118A.370 Failure of landlord to deliver possession of dwelling unit. If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in this chapter, rent abates until possession is delivered as required, and the tenant may:
1. Terminate the rental agreement upon at least 5 days’ written notice to the landlord and upon termination the landlord shall return all prepaid rent, security recoverable under this chapter, and any payment, deposit, fee or charge to secure the execution of the rental agreement; or
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained. If the landlord has exercised due diligence to evict the holdover tenant or remedy the condition keeping the new tenant from taking possession, the landlord is not liable for damages; or
3. Pursue any other remedies to which the tenant is entitled, including the right to recover any actual damages suffered.
(Added to NRS by 1977, 1339)
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.