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Nevada Motion To Continue In Possession (Elderly Or Disabled Tenants Only)

State:
Nevada
Control #:
NV-SKU-0728
Format:
PDF
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Motion To Continue In Possession (Elderly Or Disabled Tenants Only)

A Nevada Motion To Continue In Possession (Elderly Or Disabled Tenants Only) is an option available to elderly or disabled tenants in Nevada who are unable to vacate a rental property due to their age or disability. This motion allows the tenant to stay in the rental property for an extended period of time. The motion must be filed in the appropriate court and must include proof of age or disability and other necessary documentation. There are two types of Nevada Motions To Continue In Possession (Elderly Or Disabled Tenants Only): Temporary and Permanent. The Temporary Motion allows the tenant to stay in the rental property for a specified period of time, usually up to six months, while the Permanent Motion allows the tenant to stay in the rental property for an indefinite period of time and can only be used in certain circumstances. In both cases, the tenant must pay a filing fee and must demonstrate that they are unable to vacate the rental property due to their age or disability. The motion must also include a written agreement between the landlord and tenant for the continued occupation of the rental property.

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FAQ

(NRS 118A. 340(1).) A tenant who desires to terminate a lease because of the death of the tenant's spouse or cotenant must give the landlord a thirty-day written notice. The tenant must give the written notice within three months after the tenant relocates.

?Abandoned property? means property which is left unattended on the premises after the termination of the tenancy, unless the owner of the property has expressed an intent to return for the property. NRS 118A.

(b) A tenant who has a physical or mental disability, the tenant may terminate the lease by giving the landlord 60 days' written notice within 3 months after the death.

At the expiration of the Unlawful Detainer Notice, the landlord can file for an eviction with the court. If you are disabled or 60+ years of age, you can request an additional 30 days in writing if you supply proof of your age or disability.

Except in case of emergency, the landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times during normal business hours unless the tenant expressly consents to shorter notice or to entry during nonbusiness hours with respect to the particular entry.

A dwelling may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

During the thirty-day period that the landlord must safeguard tenant's property, the landlord must provide reasonable access and opportunity for the tenant (or his authorized representative) to retrieve personal property left behind.

Under NRS 118A. 350 you must issue a signed and dated written notice to the landlord and wait 14 days before client can terminate the rental agreement, sue the landlord for damages, or seek other relief in court.

More info

IN THE MATTER OF TENANT'S REQUEST TO CONTINUE IN POSSESSION (ELDERLY OR DISABLED TENANTS ONLY) Case No. Dept. MOTION TO CONTINUE IN POSSESSION (ELDERLY OR DISABLED) (HENDERSON ONLY) Pdf Fillable.Under state law, elderly, disabled, or blind tenants may only be evicted for good cause. Immediately fill out the form in Stay (Booklet 8). 280 Delivery of possession of premises. If you are 60 or older or you have a disability, you may ask for up to 12 months; all other tenants may ask for up to 6 months. Obtain a judgment for possession against the tenant from the District Court. See "How to File" above. Motion to Continue in Possession if Elderly or Disabled (PDF). Tenants can file this answer if they claim to be elderly or disabled.

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Nevada Motion To Continue In Possession (Elderly Or Disabled Tenants Only)