Legal Question in Real Estate Law in Nevada

We were late on a few rent payments, and we got caught up, paying all late penalties. Our landlord says that since we breached the lease at one point, that he can now ask us to move out with 30 days notice, instead of our original terms of the lease - which is six months from now. Nothing in the lease agreement says this? If we are paid up to date, is the original agreement still what is in effect?

Asked on 10/04/14, 1:24 pm

1 Answer from Attorneys

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

The argument the landlord is making is that you breached and he did not forgive the breach by accepting your back rent and late payments. Your counter-argument is that you cured the breach and he accepted your redemption of the breach by accepting your payments. Honestly, it could go either way, but if he is hot to move you out, he will almost surely find some other reason to evict you. If ever you are again late on a payment - even by a day - he will latch onto that as a breach of the contract and that will be it for you. Of course, proper procedures for evicting you before the termination date of your lease must be followed, and he cannot - under most circumstances - simply give you 30 days' notice and expect you to move out.

Have you started looking for another place to live yet? It may be time.

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Answered on 10/07/14, 1:51 pm

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