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I received a certified Notice of Breach and Default and of Election to Cause Sale of Real Property Under Deed of Trust. Can I be compensated by law if any from the Lessor (Landlord) from her Breach of the lease and what protection do I have as the tenant if any by law and the time frame given to us when I am served notice to evict premises? I have three small children and at this moment, financially, we will be unable to move.
(State of Nevada)

2006-09-10 06:21:42 · 2 answers · asked by JunnieLV 2 in Politics & Government Law & Ethics

2 answers

This is really like a mortgage foreclosure. First try to make a deal with the lender to remain under the existing lease. They may be only too happy to let you & in fact they may have an assignemnet of rents agreement that would let you pay them the monthly rental. At worst you probably have as long as it takes to complete the sale, which could be a considerable time. Yes, you CAN be compensated for the breach of the lease -- but if she can't pay the mortgage note she probably can't pay any compensation for breach either. At the least you should get your deposit back. Or you may be able to treat the notice as an anticipatory breach & cease making payments. before you do any of these things you should consult with a local attorney.

** Note: The above is not legal advice, but a discussion of the legal issues presented by your question. Local laws or your situation may vary the general rules. For a definitive answer to your question you should consult local legal counsel.**

2006-09-10 06:56:12 · answer #1 · answered by Anonymous · 0 0

You have 30 days to move. You can challenge it, but it would not be wise to do so. You would probably lose. I suggest that you go to the Department of Housing and Urban Development and ask for their assistance in finding a new place to live. The only way you can be compensated by the Lessor is if it is directly stated in your lease agreement. Otherwise, no. NV is a Bargain For Agreement state, which means the bargain (or lease) does NOT have to be fair. It just has to be agreed upon.

2006-09-10 06:28:02 · answer #2 · answered by cyanne2ak 7 · 0 0

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