Small Claims Court Procedure

[quincy]

Granted the owner owes the money. In this case, she would have to direct the manager to pay the bills out of the receipts or income from the property . . . correct?

Possibly. The owner of the property is ultimately responsible for seeing that you are paid/reimbursed, however. You were hired by the property owner and you were paid by the property owner and the property owner is the one who failed to pay you.

Again, I recommend you seek help from the Legal Aid Center. It is free and it is convenient to your location.

 

[joe645]

My sincere apology for that post as it was written in the third person. I was seeking advice for the tenant at the time. As I stated in this post, I DO NOT live at the property. I feel I have used my time on this forum and gathered enough information. I thank all of you who have be helpful and will post the outcome at a later date.

 

[quincy]

My sincere apology for that post as it was written in the third person. I was seeking advice for the tenant at the time. As I stated in this post, I DO NOT live at the property. I feel I have used my time on this forum and gathered enough information. I thank all of you who have be helpful and will post the outcome at a later date.

Oh. How very deceptive of you. It is better on this forum to post for yourself or let us know when you are posting for others.

That said, all of those who have attempted to help you in the past appreciate the thanks. I would be interested in hearing if you collect the money owing from the property owner, so please return to post the outcome.

Good luck.

 

[joe645]

Actual Statute

Here is a link from the Legal Aid Center of Southern Nevada that has information you might find helpful:

http://www.civillawselfhelpcenter.org/self-help/small-claims

I recommend you explore the site - and it could help you to take advantage of the free classes offered on small claims actions.

You say you sent certified "demand letters" to the owner and the manager, which indicates you have not filed suit yet.

If the demand letters you sent have not worked to get you the money you feel is owing, it appears your next step is to file the small claims action. Although you can name as defendants both the owner of the property and the property manager, it is the owner of the property who owes you money. You can attach your text messages and any other exhibits to your complaint, if you think they will assist you in your case, or you can wait to present your evidence in court.

Prepare your complaint(s) as outlined in the link above and serve the complaint(s) on the defendant(s).

Again, the link above walks you through the process and tells you what you need to do. I suggest you take the free classes. Good luck.

Quincy: Do you know the specific statute (Nevada Revised Statutes) I can look up and use?

 

[quincy]

Quincy: Do you know the specific statute (Nevada Revised Statutes) I can look up and use?

A statute for what?

 

[joe645]

A statute for what?

I'm sorry, everyone on the forum that has replied has said more than once that "the owner is financially responsible for their property" Is this a particular statute or law?

 

[quincy]

I am still not real sure what you are looking for, joe645.

Here are two links to the NRS and the landlord/tenant laws and real estate/property management laws. Perhaps you can scroll through them?

Chapter 645 Real Estate: http://www.leg.state.nv.us/NRS/NRS-645.html#NRs6455ec0195

Chapter 118A Landlord/Tenant: http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec120

I take it the owner has not reimbursed you the money he owes after receipt of your demand letters. That's unfortunate. Good luck.

 

[joe645]

I am still not real sure what you are looking for, joe645.

Here are two links to the NRS and the landlord/tenant laws and real estate/property management laws. Perhaps you can scroll through them?

Chapter 645 Real Estate: http://www.leg.state.nv.us/NRS/NRS-645.html#NRs6455ec0195

Chapter 118A Landlord/Tenant: http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec120

I take it the owner has not reimbursed you the money he owes after receipt of your demand letters. That's unfortunate. Good luck.

Thanks quincy for the information but I had already sifted through those sections. I was looking for an actual NRS Statue that spelled out "that the owner was ultimately responsible for the debts of the property". Update: I have a mediation mtg in June with the defendants. I sued the owner and that only reason I named the property manager was that he verbally and (texts) accepted the debt and promised to pay the amount but didn't.

 

[Zigner]

... "that the owner was ultimately responsible for the debts of the property".

That's like looking for a statute that says: "If a business is closed, then it is closed."

 

[quincy]

Okay, let's just forget the personal side of this matter and focus on the business side. I realize that the owner is the person responsible for the property by the letter of the law. But let's look at it this way. Her father, the manager, receives the income from the rent and pays the bills. The bills he did not pay are the ones I am suing for. I sent 2 certified letters; one addressed to the owner in c/o father at his address (her last known address) which was signed for by relative. The second sent specifically to the father/manager at the same address was refused. Both demand letters were addressed to the manager. If the case goes forward, I suspect no one will show up for the defense. I win they lose.

Actually, after re-reading your posts, joe645, you have never really made it clear that YOU are owed any money at all.

Did you pay for the repairs out of your own money, so that now you are seeking reimbursement, or was money deducted from your pay to cover the costs incurred in making the repairs? If so, then money is owed you.

If not, then you have no reason to sue anyone. The owner and/or new property manager are responsible for taking care of any debts on the property that were left outstanding when you terminated your employment.

Whatever the case, perhaps the mediation meeting you have in June will clear matters up and all will be resolved to your satisfaction. Again, take advantage of the link I provided earlier. It appears you need to sit down with someone in your area to personally review the facts of your situation.

Good luck.

 

[joe645]

Actually, after re-reading your posts, joe645, you have never really made it clear that YOU are owed any money at all.

Did you pay for the repairs out of your own money, so that now you are seeking reimbursement, or was money deducted from your pay to cover the costs incurred in making the repairs? If so, then money is owed you.

If not, then you have no reason to sue anyone. The owner and/or new property manager are responsible for taking care of any debts on the property that were left outstanding when you terminated your employment.

Whatever the case, perhaps the mediation meeting you have in June will clear matters up and all will be resolved to your satisfaction. Again, take advantage of the link I provided earlier. It appears you need to sit down with someone in your area to personally review the facts of your situation.

Good luck.

As property manager, I collected the rent, deposited the funds, paid the bills from the fund. The money I have sued for is result of my receiving two water utility bills for the property which were supposed to be transferred by the new manager. He delayed the transfer (for whatever reason) and thus I paid for these bills out of my own money. I have used the legal services and they have
said, my case has merit. Thanks for the GL. I will report back.

 

[quincy]

As property manager, I collected the rent, deposited the funds, paid the bills from the fund. The money I have sued for is result of my receiving two water utility bills for the property which were supposed to be transferred by the new manager. He delayed the transfer (for whatever reason) and thus I paid for these bills out of my own money. I have used the legal services and they have
said, my case has merit. Thanks for the GL. I will report back.

Thank you for the further explanation, joe645.

I am happy you were able to make use of the legal services in your area. I agree with their assessment that your case sounds as if it has merit. I hope this translates into you successfully getting the money back that you are owed.

Please do report back. We are always interested in how things turn out. Once again, good luck.

 

[joe645]

Outcome of Small Claims Case

Just to bring to a close. My case went to arbitration and the father (property mgr.) was the only show and repeated he would not pay the claim based on principle.
Case went to trial and after my presentation , the judge listened to the father (again owner was not present) and asked him if he indeed promised to pay the claim.
His answer was yes . .. but. The judge interrupted him and told him "principle" in this matter didn't count for squat. I was awarded judgement against the owner as
the father said his had filed bankruptcy. Case Closed.