If I have no lease but have paid my rent for the month can the landlord evict me?

02/15/2007 - Category:Landlord Tenant - Lease Termination - State: NV #708

Full Question:

I have no lease on apartment. What if landlord wants to evict me and I have paid my rent? How many days is he required to give me?

Answer:

NRS 118A.160; Rental agreement defined.Rental agreement means any oral or written agreement for the use and occupancy of a dwelling unit or premises.

NRS 118A.210; Rental agreements: Payment of rent; term of tenancy.
1. Rent is payable without demand or notice at the time and place agreed upon by the parties.

2. Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month.

NRS 118A.430; Failure of tenant to comply with rental agreement or perform basic obligations: Termination of rental agreement.
1. Except as otherwise provided in this chapter, if the tenant fails to comply with the rental agreement or fails to perform his basic obligations under this chapter, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate as provided in this section. If the breach is remediable and the tenant does not adequately remedy the breach or use his best efforts to remedy the breach within 5 days after receipt of the notice, or if the breach cannot be remedied, the landlord may terminate the rental agreement.

2. If the tenant is not reasonably able to remedy the breach, the tenant may avoid termination of the rental agreement by authorizing the landlord to enter and remedy the breach and by paying any reasonable expenses or damages resulting from the breach or the remedy thereof.

NRS 118A.470; Holding over by tenant.
If a tenant remains in possession without the landlords consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and for rent and the landlord may also recover his actual damages. If the landlord consents to the tenants continued occupancy, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. Such occupancy is otherwise on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise.



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02/15/2007 - Category: Lease Termination - State: NV #708

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