Landlord Tenant


ImageThis is an update to May 26, 2009 Eviction of Tenants In the Event of Foreclosure.

 “Helping Families Save Their Homes Act May 20, 2009” (S. 896) has been extended by the Dodd-Frank Act (Pub. L. 111–203, approved July 21, 2010) to December 31, 2014.

To fall under the Act, a bona fide lease (defined below) must be entered into prior to the date of the notice of foreclosure, which is defined as ‘‘the date on which complete title to a property has been transferred to a successor entity or person as a result of an order of a court or pursuant to the provisions in a mortgage, deed of trust, or security deed.’’  In other words AFTER the foreclosure?  So it appears you can enter into a bona fide lease the day before the trustee sale? That is not advisable.

A bona fide lease is one in which: (1) The mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit’s rent is reduced or subsidized due to a federal, state, or local subsidy.

The entire notice can be found by clicking here.  Go to page 15379.  Also I found this three page manual from the Comptroller of the Currency Administrator of National Banks  click here ——> here.

If the Federal law expires in 2014 we have NRS 40 in Nevada  what is known as the form NOTICE TO TENANTS OF THE PROPERTY,  in this statute tenants now get a minium of 60 days to vacate.

There is a helpful Renters in Foreclosure Toolkit  from The National Low Income Housing Coalition.

Questions:  darren@dwelshlaw.com

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Commercial Landlord/Tenant Eviction Laws Effective October 1, 2011

SEE NRS 118C HERE

Three 3 key changes.

  1. Eviction – no longer requires court order, details below.
  2. Abandonment – can be deemed by the landlord, details below.
  3. Disposal of Property – is shorted to 14 days, details below.

You can read the new bill by clicking here:

and or here —-  http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB398_EN.pdf.

  1.  Commercial Property Eviction. Landlord/Tenant Law for commercial properties (any real property not considered a dwelling, as defined in NRS 118A.140)
  2. Eviction Nonpayment Rent.  Now. Self policing.  Section 14 allows the landlord (or his agent) to change the locks on a commercial tenant’s premises upon delinquency.   No court order is needed.  You must post notice for a minimum of 5 days, informing the tenant where the keys are.   Landlord may demand all past-due rent before releasing the key.
  3. Abandoned Property.  “[G]goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the commercial premises, is being or has been removed from the commercial premises,” the landlord may consider the property as having been “abandoned” by the tenant.  If the lease discusses remaining personal property, the provisions of that written agreement pertaining to personal property will take precedence over the language in AB 398.
  4. Disposal of Abandoned Property. No longer 30 days.  Upon determination that personal property is abandoned, landlord must send by certified mail, notice giving tenant 14 days to claim the property. There is no requirement of tenant’s signature acknowledging receipt of the notice before disposal on 14 days.

YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE COMMENCING ANY EVICTION IN NEVADA. I HAVE A REFERRAL LIST OF REAL ESTATE ATTORNEYS , JUST EMAIL ME, AND I WILL SEND IT TO YOU.  darren@dwelshlaw.com

foreclosure_eviction “Helping Families Save Their Homes Act May 20, 2009” (S. 896)

Effective May 20, 2009 federal legislation establishes protections for renters living in foreclosed homes.  Effective October 1, 2009, Nevada state law also protects tenants that have been foreclosed upon.  In the event of foreclosure, existing bona fide leases for renters are honored, except in the case of month-to-month leases or owner occupants foreclosing in which case a minimum of 90 days notice will be required.  This is a major change from normal Landlord Tenant law in Nevada per NRS 118A and NRS 40.  It appears that the Tenant would need to still pay rent and otherwise remain in good standing, otherwise normal eviction for nonpayment/nuisance would ensue per state law.  Also, if the Tenant desires this protection, I suggest the Tenant produce their lease agreement, as soon as they can, to the lender that has foreclosed.

A lease is bona fide only if:

(1)   the mortgagor under the contract is not the tenant;

(2)   the lease or tenancy was the result of an arms-length transaction; or

(3)   the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property.

The actual law is here.

Forms for eviction in Clark County  are here.

Unlike the House version (H.R. 1106) it does not contain cramdown — a provision empowering bankruptcy judges to reduce principals and interest rates for homeowners in bankruptcy.

There is a helpful Renters in Foreclosure Toolkit  from The National Low Income Housing Coalition.

The Nevada October 1, 2009 NRS 40 will also further protect tenants under what is known as the form NOTICE TO TENANTS OF THE PROPERTYin this new statute tenants now get a minium of 60 days to vacate.