View Full Version : In las vegas Nevada how long must I pay rent in an hotel before I served eviction
sylkman
Apr 29, 2013, 10:23 PM
In las vegas Nevada how long must I pay rent before I am a resident and must be servrd an evction notice
sylkman
Apr 29, 2013, 10:27 PM
How long must I live in a residential hotel before I must be served an eviction notice?
Alty
Apr 29, 2013, 11:16 PM
Here's some info on tenants rights in Las Vegas.
http://www.google.ca/url?sa=t&rct=j&q=In+Las+Vegas+do+you+need+to+be+evicted+if+you%27 ve+stayed+in+a+hotel+for+more+than+30+days%3F&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.clarkcountycourts.us%2Flvjc%2 Fevictions-landlord.html&ei=gmB_UciXLcLTiwL90YGwCw&usg=AFQjCNGYZW7aYLuDcdeXKVRhml5tUVadZg
I'm assuming you don't have a lease, since it's a hotel, not an apartment.
joypulv
Apr 30, 2013, 02:56 AM
A hotel does not have to evict. There is no landlord-tenant relationship. They can call the police and throw you out with no notice at all, no matter how long you have been there.
ScottGem
Apr 30, 2013, 02:58 AM
It appears that if you have a lease for a period of 30 days or more or you occupy the premises for more than 31 days, you are no longer considered a transient resident, and would be subject to regular tenancy laws.
http://www.clarkcountynv.gov/Depts/business_license/Documents/Gen'l%20Info%20Guide%20for%20TLEs%20Jan%202012.pdf
joypulv
Apr 30, 2013, 03:47 AM
I didn't know that about hotels in NV - my apologies.
AK lawyer
Apr 30, 2013, 05:17 AM
It appears that if you have a lease for a period of 30 days or more or you occupy the premises for more than 31 days, you are no longer considered a transient resident, and would be subject to regular tenancy laws.
http://www.clarkcountynv.gov/Depts/business_license/Documents/Gen'l%20Info%20Guide%20for%20TLEs%20Jan%202012.pdf
One would have to check the Nevada statutes to be sure. The county ordinance linked does not address the circumstances under which a tenant (or guest) can be removed from the premises.
ScottGem
Apr 30, 2013, 01:18 PM
One would have to check the Nevada statutes to be sure. The county ordinance linked does not address the circumstances under which a tenant (or guest) can be removed from the premises.
I looked for something specific about that. Clearly the site I linked to is concerned more with business fees.But I've found that while laws can often be contradictory, they usually follow suit from different areas of concern. So I believe, unless someone can come up with something different, that a person can establish tenancy by living in the place for more than 30 days.
AK lawyer
Apr 30, 2013, 05:14 PM
"NRS 118A.180 Applicability.
1. Except as otherwise provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this State.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B of NRS;
(b) Low-rent housing programs operated by public housing authorities and established pursuant to the United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;
(c) Residence in an institution, public or private, incident to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(d) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his or her successor in interest;
(e) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(f) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period;
(g) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises;
(h) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment; or
(i) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
NRS 118A.480 Landlord’s recovery of possession of dwelling unit. The landlord shall not recover or take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or causing or permitting the diminution or interruption of any essential item or service required by the rental agreement or this chapter, except:
1. By an action for possession or other civil action or summary proceeding in which the issue of right of possession is determined;
...
" NRS: CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS (http://www.leg.state.nv.us/Nrs/NRS-118A.html#NRS118ASec180)
"NRS 40.251 Unlawful detainer: Possession of property leased for indefinite time after notice to quit; older person or person with a disability entitled to extension of period of possession upon request.
...
(b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:
(1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:
(I) At least 7 days for tenancies from week to week; and
(II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or
...
2. Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.
3. Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsection 2.
4. If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition." NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY (http://www.leg.state.nv.us/Nrs/NRS-040.html#NRS040Sec251)