Family Member Rental

[joe645]

I live in Nevada, Las Vegas to be specific and have an issue with a family member who along with his spouse agreed to rent space in my home for a monthly rent. Being a family member, there was no legal document drawn up just good faith agreement. At the time both had gainful employment. He has now separated from his wife and in the course of this lost his job. He is now 2 months in the rear and his outlook is very dim for new employment. He says because he gets mail here that I would have to legally evict him. What should I do?

 

[Zigner]

I live in Nevada, Las Vegas to be specific Las Vegas and have an issue with a family member who along with his spouse agreed to rent space in my home for a monthly rent. Being a family member, there was no legal document drawn up just good faith agreement. At the time both had gainful employment. He has now separated from his wife and in the course of this lost his job. He is now 2 months in the rear and his outlook is very dim for new employment. He says because he gets mail here that I would have to legally evict him. What should I do?

1: The phrase is "in arrears".
2: He's right- evict him/them.

 

[joe645]

Thanks but do I have to retain an attorney or is there an online process I can use.

 

[Zigner]

Thanks but do I have to retain an attorney or is there an online process I can use.

I would suggest you read up on the eviction process in your state. Once you have that information, you can make a better-informed decision about whether you want to go it alone or get an attorney.

You can start here: https://www.clarkcountynv.gov/government/departments/constable/constable_las_vegas_township/services/eviction_process.php

 

[adjusterjack]

I live in Nevada, Las Vegas to be specific and have an issue with a family member who along with his spouse agreed to rent space in my home for a monthly rent. Being a family member, there was no legal document drawn up just good faith agreement. At the time both had gainful employment. He has now separated from his wife and in the course of this lost his job. He is now 2 months in the rear and his outlook is very dim for new employment. He says because he gets mail here that I would have to legally evict him. What should I do?

Start by giving him 30 days written notice of termination of his tenancy per NRS 40.251.1(A)(2):

NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY (state.nv.us)

Make sure there is an impartial witness to the delivery of the notice in case there has to be testimony in court to verify the delivery.

You shouldn't need a lawyer for notice of termination of tenancy.

If he's still there after 30 days, evict him through the courts starting with NRS 40.215:

NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY (state.nv.us)

 

[LdiJ]

Thanks but do I have to retain an attorney or is there an online process I can use.

It is unlikely to be an online process, but that doesn't mean that you can't do it yourself.

 

[zddoodah]

He has now separated from his wife

Is he still living in your home? Is his wife still living in your home? If the answer to both questions is yes, what do you mean when you say the are separated?

He is now 2 months in the rear

I assume you meant "in arrears" - i.e., he's two months behind with his rent payments. Correct?

He says because he gets mail here that I would have to legally evict him.

That's not why, but he's right (unless, of course, he's willing to leave on his own).

What should I do?

Evict him or don't. Do you expect us to decide for you?

do I have to retain an attorney

No, but I'd recommend that you do.

is there an online process I can use.

There is no "online process" for evictions.

 

[joe645]

Thanks for the info. It is sad though that there had to be some sarcastic ones included. (Evict him or don't. Do you expect us to decide for you?

 

[zddoodah]

Thanks for the info. It is sad though that there had to be some sarcastic ones included. (Evict him or don't. Do you expect us to decide for you?

That wasn't sarcastic. It was a legitimate response to a question that made little sense.

 

[joe645]

This was an answer to "what should I do?" Not the sarcastic answer you gave.
Start by giving him 30 days written notice of termination of his tenancy per NRS 40.251.1(A)(2):

NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY (state.nv.us)

Make sure there is an impartial witness to the delivery of the notice in case there has to be testimony in court to verify the delivery.

You shouldn't need a lawyer for notice of termination of tenancy.

If he's still there after 30 days, evict him through the courts starting with NRS 40.215:

NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY (state.nv.us)