What are our options ?

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What are our options ?

My Husband and our Landlord had a verbal agreement regarding repayment of back rent now she has gone back on the verbal agreement and has issued a 5 day notice . We have tried every day to contact her but she won’t answer our calls or return any of our messages we have left on both her home phone and cell phone . We want to keep our home but she won’t co-operate or honor the agreement

Asked on May 9, 2009 under Real Estate Law, Nevada

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not NV but I practice landlord/tenant law.  I dont have the info i need to give you a proper response.  However, i will try to help- Do you have a written lease with the landlord (LL)?  Is the lease month to month or for a certain term?  Bottom line is that the LL has instituted an eviction and is going to have to file a lawsuit in court for you to be forced to leave.  In that lawsuit, the LL is going to try to say that you failed to pay rent as the basis to evict you.  You need to fight this by showing evidence of the verbal agreement to change the payment terms.  Did the LL cash checks pursuant to the verbal agreement?  If so, then there is evidence to show this new agreement and the LL is acting improper.  You need to hire a lawyer to deal with this.  I suggest hiring one that has an office near the court that you are going to.  You should continue to pay the rent this month to see if the LL continues to cash the checks pursuant to the verbal agreement.  if not, stop paying rent and use the money to fight the case.  If the LL has a lawyer too, the lawyers can work together to work out a deal.


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