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View Full Version : Is this a decision for owner or property manager.


KatieB68
Jun 21, 2012, 04:05 PM
I am renting a house in Las Vegas, NV. After moving into this house, there were many things that didn't work including airconditioner, stove, water leaking from the roof under upstairs bathroom etc. I withheld rent until all was fixed which I informed them I was doing in aletter to property management co. Well week and a half later these things ended up getting fixed and I agreed to pay rent that was due but now they added all these late fees and misc. charges that I don't think I should have to pay. They keep telling me they can't accept partial payment without owners approval and I keep getting this run around with them saying they can't get in touch with owner because owner lives in china and isn't returning their calls. They told me yesterday that as of now my rent is still late and they can proceed with eviction. What can I do? They have a $2000 deposit I put down.

Thanks in advance
Katie Bianco

AK lawyer
Jun 21, 2012, 04:23 PM
You hit the nail squarely on the head: they are giving you the run-around. If they don't have authority to accept partial payment, they don't have authority to evict you either. I'd guess they can accept partial payment if they want. They just don't want to.

ScottGem
Jun 21, 2012, 04:33 PM
I would tell them to try to evict you. You then go into court and show the court that you sent them a letter informing them of the need for repairs and that you were withholding rent until done. And that as soon as it was done you paid up.

Tell the court that you don't think you should be charged late fees in this instance, but you will abide by what the court says and that you are prepared to pay if they say so.

I doubt if they will require you pay and I am almost positive they will not grant an eviction as long as you do pay if they order it.

ballengerb1
Jun 21, 2012, 05:44 PM
In your county the law says if you with hold rent it must be paid into the courts escrow account. "Withhold rent (if the tenant is being evicted for non-payment of rent, the tenant must pay the rent into the court's escrow account to be able to raise habitability as a defense in any eviction action). " fund, did you follow theClark County laws ? Welcome to the Clark County Courts in Las Vegas (http://www.clarkcountycourts.us/CivilSHC/landlord-tenant-evictions/essential-services.html)