Real Estate Law (esp. Landlord-Tenant)/Eviction rights/time frame

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Question
My landlord requires us to pay him our rent in the form of a money order. I purchased and mailed the money order on 12/6, as of today, 12/14, my landlord has not received the rent. He is threatening to file for eviction and require us to pay the court costs. While I know we would not be responsible for court costs, how "late" does rent have to be before he can file for eviction? We signed a one year lease that expired in July 2009. Due to the money order requirement, the money orders cannot be cancelled and a refund processed for two weeks after purchase.

Answer
Hi Marty,

You'll want to research Nevada law here: http://www.leg.state.nv.us/NRS/NRS-118a.html

The landlord may not be able to demand payment only via money order.  As a best practice, you should always send the rent payments with at least delivery confirmation and/or tracking just to avoid this type of scenario.  If you have proof of mailing, then that will help you if the landlord files an eviction against you if you can show that you mailed the rent payment on time.  Also, look at your rental agreement and see if it says the rent payment needs to be mailed or received by the landlord no later than the due date.  If you do not have proof of mailing, then you may need to send another rent payment ASAP.  At least in California, the landlord can begin eviction proceedings immediately after the rent is late.

Thanks for your question!

David Piotrowski
Attorney at Law
http://www.AttorneyDavid.com

*No Attorney/Client Relationship and No Legal Advice -

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.

Expertise

My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.

Experience

Please visit http://www.AttorneyDavid.com or http://www.facebook.com/david.piotrowski.attorney for more information on my practice.

Education/Credentials
Juris Doctor (JD) and Member of the State Bar. Attorney.

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