Landlord unlawfully entered my rental, now I want out. How do I proceed properly?

[Zigner]

I'm not sure you're going to get the answers you want to hear on this forum.
The fact is that the burden of proof is on YOU to prove that the entry was "unlawful" or "unreasonable". As has been pointed out here, that will be VERY difficult for you to do.

 

[LasVegas]

The real question is: Why are you accusing me of advising her to breach her lease?

I'm not aware that changing the locks is a breach of her lease, since I have not read her lease.

Even if it were a breach, which it probably is-- I would have no problem changing the locks. If and when my landlord discovered that the locks had been changed I would have to ask: "Why were you trying to enter without notice?"

If it were an emergency and the locks/door were broken, I would pay to replace them. No problem.

However, I have already moved out.

After struggling with this for a few days I came home Friday and saw a c o c k r o a c h scurrying across the kitchen floor. I trapped it with a cup, packed my bags, and checked into a hotel. This is not the first evidence I have seen of an infestation --there were a few traps and dead bugs when I moved in-- but this is the first time I have seen one alive. I am not living like this.

So we're up to three lease violations (although the third requires notice and time to remedy):

1) Unlawful entry

NRS 118A.330 *Landlord_s access to dwelling unit.
"...the landlord shall give the tenant at least 24 hours_ notice of intent to enter"


2) Failure to provide address of landlord

NRS 118A.260 Disclosure of names and addresses of managers and owners
"shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of a person authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and demands AND the name and address of the principal owner."


3) Insect infestation

NRS 118A.290 Habitability of dwelling unit.
"free from... insects and vermin"


Anyway, I'm going to email her today with my intentions and see if we can come to some agreement without taking this further.

Thanks for the help everyone. Any further suggestions or comments are still welcome.

 

[LasVegas]

I'm not sure you're going to get the answers you want to hear on this forum.
The fact is that the burden of proof is on YOU to prove that the entry was "unlawful" or "unreasonable". As has been pointed out here, that will be VERY difficult for you to do.

Actually all I've wanted to know was the proper procedure for terminating a lease based on unlawful entry.

Let's say I had absolute proof of unlawful entry-- video footage, snapshots, police reports, witnesses, whatever.

What would be the next step? The law states that the tenant can "terminate the rental agreement" in this case, but that is vague. What type of notice and timeframe do I have to give? Should I dig up her mailing address and send a certified letter stating that I have terminated the rental agreement, cite the law and the breach, and that's it? Is that the procedure?

That's all I want to know.

 

[FarmerJ]

Go to the links up top and find a real estate atty who can give you the information you seek so that way you know that it will be correct and it wont come back to bite you in the hinny if its wrong.