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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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We signed a month to month lease contract with our landlord, we live in Nevada. I would like to know if it is legal for the landlord to bring their RV and park it on the property and camp there when they come into town for days to weeks at a time (they parked it here on April 18th). We gave them our thirty days to move out, but it is not til Memorial day when we are moving. I am just irritated at this whole situation, they are walking all over the property, in the back of the house where we asked them nicely not to do, so we can have our privacy, Nowhere in our lease agreement does it say that if they have to move back to Nevada that they are going to to come and camp on the property.
A couple months ago they found out they had to move back and asked us when we would be able to move out, at first we told them August then June and I also reminded them they can give us our thirty days at anytime because that was the agreement on both sides about us moving out, so we thought we had an option. So they never gave us our thirty days and a month after that conversation they said they were going to bring the RV and "park it on the property. They never said they were going to be living in it, so we assumed they would bring it and stay at RV parks or something. But that wasn't the case. I just totally feel victimized, obviously they didn't give us thirty days notice to move out so they could move back in because they want us to continue to pay their mortgage because they can't afford both of their houses that they own. I want to know if we can move out earlier than memorial day without them coming back and trying to sue us in small claims court for rent they feel we owe them. This whole rental situation is not your average situation, we moved in on September 6 (the date we moved in and signed agreement), but we didn't pay our first month rent til the 1st of October per our agreement. We have always paid on the 1st, never late on payment, so we owe them for the time we've lived here after May 6. Also would like to know when we move out of here is it legal for us to prorate the rent to the 6th of june. We paid the full rental amount on our first rental payment, also lease agreement said they would pay half the utilities because they have lawsuits in the courts and want to make it look like they still technically live here. If anyone could help, it would be appreciated, trying to get a lawyer to call you back in this city for legal advise is extremely hard, they don't return messages unless you're going to help them make money (at least that is what it seems like). So I give up on asking an attorney in this town. |
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#2 |
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They should not be camping on the land unless it is listed in the lease that you either do not rent that area from them or that they have the right to do that in the agreement. But there is little you can do about it besides move out.
You cannot prorate the rent. You are a month 2 month tenant and are renting bu the month, not by the day. So you do need to pay for a full 30 days notice period. If you gave notice on the 1st, you need to pay until the 31st. I don't understand why you didn't pay the whole first month? You are constantly one month behind this way and are paying after you stay for the month and not before. In this situation, you will need to pay for the last month you lived there when you move out. When you paid on Oct 1, it was for September's rent, on November 1, it paid for October's, and so on. You are a month behind. So on May 31st, you will still owe for all of May's rent. |
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#3 |
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Thank you for the reply. This is an unusual kind of tenant/landlord thing. They basically couldn't afford both house payments and we decided to help them out by moving in because we had just moved into town and he is my father-in-laws neighbor. They left the basic necessities in the house when we moved in, like couch, table a full size bed and very few dishes, so we have just been using their stuff while our stuff is in storage. His wife was all ready out of state living and he wanted to finally be able to move out of state and be with her full time instead of having to stay at this house and take care of the pool and stuff. So basically I had to throw out all the expired food in the pantry and fridge and go through and clean the house and scrub everything because everything had a bad smell to it. All we really agreed on was giving 30 days notice on either sides. They knew houses weren't selling so they wanted to hold onto this house and try selling it after the first of the year. Then the courts told them in order to keep their visitation rights they were fighting for they had to be here every other weekend.
So if they started camping on the property on April 18th, isn't that a breach of contract on their side? What are MY RIGHTS, is what I really want to know about this whole situation. If it were up to me I would be out of here on the 18th of May since that is 30 days since they obviously decided to change the contract and do things their way and expecting us to be fine with it. Regardless, we are going to pro-rate the rent to the 6th. But would also like to know if they were to sue us for the rest of the rent money in small claims court what are the chances of a judge dismissing the case since it isn't your regular tenant/landlord thing? |
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#4 |
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Yes they breeched the contract if camping and staying on the property wasn't included in it. However, your only options to cure is to give written notice to remove themselves from your rented property or to give proper notice and vacate. You cannot use their breech to immediatly declare the contract void. You must give proper notice if you intend to vacate. The 30 days notice is required from you and you must pay from the time when you gave them proper notice, not from the time when they committed a violation. So when did you give them your notice?
The other issue is whether your state allows prorating or not. Some states do not allow it. Normally, prorating is not allowed in month to month contracts. Some states (which are not "term" states) are called day for day states. In these few states you CAN prorate to pay only for the 30 day since you gave written notice to vacate. You will need to look up and read LL Tenant law for your state. (Look under a section about NOTICES or ENDING THE LEASE.) If it says anything about notices must coincide with the rent period, you may NOT prorate. You must pay rent for the entire month since the notice you gave didn't take effect until the next rent period. For example, in a day for day state, you could give notice on the 18th, then leave on the 17th of the next month, paying only for those 17 days. If you gave this same notice in a term state, it would not take effect until the 1st of the next month (coinciding with the rent period) and you must pay for the whole month (the 30 days of notice). Your other question is could they sue you in court. The answer is yes. If they are entitled to this money, a judge will allow them a monetary judgement against you. YOu do not want this as it will greatly affect your credit ratings. Read your state law before you prorate to protect your credit. The judge would not dismiss it simply because you don't think it falls under normal circumstances. The fact is that it is a normal rental verbal agreement and still falls under the notice requirements, regardless of their camping situation. Sorry. |
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#5 |
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Thank you, thank you so much for the information you provided, I really appreciate the advice. You gave us some valuable information to stand up to our landlord and tell them what we were going to pay them and they reluctantly agreed to us prorating the rent and utilities, so we can just be done with this situation. They were actually worried about us taking them to court for this situation. Your advice gave us a reason to really stand up for ourselves (we thought we were screwed and didn't have any rights to what was happening to us) I appreciate it!! Thanks!!
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