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foreclosure games

March 7th, 2008 by admin



foreclosure games
When is a home considered abandon in the state of Nevada?

I am currently leasing a home. I went on a 2 week vacation. Upon return I found a notice on my home saying that the home was abandoned. In addition the locks had been changed. In my home was all my furniture, my children’s pictures, toys and games. Our clothing was still in the house along with my $100,000.00 BMW. The owner of the home had informed me that he had fallen behind, but was in the process of working things out with the bank. The owner had been in contact with the bank and no sales date or foreclosure notice had been issued. The notice on the door was from a broker. I called the broker and informed her of the situation. In addition I also informed her of all the items that were missing. The notice from the broker indicated that my items were under her control and I would have to contact the broker in order to retrieve my items.

Assuming you were current on your rent, this was improper, because he couldn’t have even served you with an abandonment notice unless he had reason to believe you weren’t returning. He still would have had to go through the legal eviction process, and you only being gone for 2 weeks doesn’t allow enough time to satisfy the legal requirements for both. You would probably be within your rights to sue. Your things were essentially stolen and your right to the property denied.

NRS 118A.450 Abandonment of dwelling unit by tenant: Remedies; presumption. If the landlord has notice of the fact of abandonment by the tenant, the landlord may dispose of the tenant’s personal property as provided in NRS 118A.460 and recover possession of the premises as provided by NRS 118A.480. In the absence of notice of the fact of abandonment, it is presumed that the tenant has abandoned a dwelling unit if he is absent from the premises for a period of time equal to one-half the time for periodic rental payments, unless the rent is current or the tenant has in writing notified the landlord of an intended absence.

(Added to NRS by 1977, 1341)

NRS 118A.460 Procedure for disposal of personal property abandoned or left on premises.

1. The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability in the following manner:

(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or his authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for his negligent or wrongful acts in storing the property.

(b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of the property or the value thereof if he has made reasonable efforts to locate the tenant, has notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given to the tenant. The notice must be mailed to the tenant at the tenant’s present address, and if that address is unknown, then at the tenant’s last known address.

(c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.

2. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.

(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)

Fun and Games and nasty dirty Foreclosures

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