Legal Question in Landlord & Tenant Law in Nevada

In Nevada on two month project. Selected this apartment complex as they offered a two month lease. Signed 2 month lease, was required to and did pay the two months rent upfront and $500 deposit. I'll also be hit for a $350 standard cleaning fee on the way out.

Mentioned in passing looking forward to project ending, getting home later this month. Next day received letter I had not provided a 60 day notice per lease (Yes, tenant 60 day notice this is a clause). They considered today as my 60 day notice and I'm required to pay rent thru April 10, and additional $2,000. Reminded the property representative I signed the lease with that she raised this point with me at signing and stated since lease is for 60 days by signing lease I'm giving 60 day notice. Now there going back on their word, taking the position that at lease signing I should have provided a written 60 day notice. Checked availability for this type apartment on their website, they have another available so they have no damages/lost rent opportunity. Ethics aside, can I and if so per what NV tenant law can I push back with? Thanks.


Asked on 2/11/16, 1:27 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

I sounds like you have thought this through and have your own argument well in hand. Upon signing a lease for a 60-day term, you notified the landlord you intended to vacate in 60 days. If they use the same form for all leases, including those of a year or more, the "standard clause" regarding 60 days' notice seems irrelevant to your particular situation. You did, in fact, notify them - in writing - of your intention to relinquish the property after 60 days. It was inherent in the contract, so any further notice would be redundant and superfluous.

Now, there may be some other language in your lease that contradicts this logical argument, such as an automatic renewal provision, extensions upon expiration of the initial term and thereafter, etc. If they set themselves up to enable a discretionary eviction at the end of 60 days, the 60 days' notice requirement may hold up more in their favor.

So, here is your practical solution: Threaten to take them to Small Claims Court to have a judge decide if their very unusual provision and requirement is legally enforceable. Tell them you are not afraid to drag them through the legal system to find justice and will make trips back to Reno for appearances as necessary. They can either step aside with their odd position or prepare to fight it out with you, as you do not intend to hold the apartment beyond 60 days or to pay any more than you originally obligated to pay under the contract. If they insist on going forward with collection efforts, you must be prepared to make good on your threat, though, so you may be facing some minor hardship keeping them from hurting your credit rating or otherwise causing you trouble. I think you have the winning argument (provided there are not some other governing clauses in the contract that make them right in their position), so don't hesitate to stand up for yourself!

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Answered on 2/12/16, 10:56 am


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