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In NV can a landlord hold an evicted tenant's belongings?
My roommate evicted her tenant in North Las Vegas after 2 months of missed rent. She is now holding the tenant's belongings in the garage until the tenant pays the money owed.
My roommate is under the impression that she has the legal right to do this under NV law. I have been told that this is illegal. Does anybody know who is correct?
Note: they are not MY things. Please only answers from people who truly know what they are talking about. Professional advice needed.
11 Answers
- Anonymous1 decade agoFavorite Answer
There are many things wrong with this.
1. a roommate CANNOT evict someone unless they own the house. ONLY a landlord can evict someone. So if you are all leasing, that was illegal to start off with.
2. NOBODY (landlord or roommate) can arbitrarily keep someones stuff - that is called steeling and also illegal.
3. The ONLY time a landlord has any right to keep an ex-tenant's belongings is if it was legitimately abandoned. and a roommate does NOT have that authority.
4. a roommate CANNOT act as a landlord unless they own the house as mentioned above.
Source(s): I'm a property manager - abacaxitooLv 51 decade ago
Your roomate could end up owing the tenant $1000 ! What she is doing is called "distraint", and Nevada does not allow it. She has to let the tenant have the stuff, and then take the tenant to court to collect the money.
http://www.leg.state.nv.us/Nrs/NRS-118A.html
NRS 118A.520 When lien or security interest in tenant’s household goods may be enforced; distraint for rent abolished; damages.
1. Any lien or security interest in the tenant’s household goods created in favor of the landlord to ensure the payment of rent is unenforceable unless created by attachment or garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other personal property of a tenant in violation of this section is liable to the tenant for damages as provided in NRS 118A.390.
(Added to NRS by 1977, 1344; A 1985, 1418)
- Sagebrush KidLv 41 decade ago
It's ABSOLUTELY ILLEGAL in Nevada to hold the tenant's property for rent. There is no question about this.
NRS 118A.520 When lien or security interest in tenant’s household goods may be enforced; distraint for rent abolished; damages.
1. Any lien or security interest in the tenant’s household goods created in favor of the landlord to ensure the payment of rent is unenforceable unless created by attachment or garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other personal property of a tenant in violation of this section is liable to the tenant for damages as provided in NRS 118A.390.
(Added to NRS by 1977, 1344; A 1985, 1418)
Source(s): I'm a property manager Nevada Revised Statutes - MicheleLv 45 years ago
No. When you take a tenancy you are signing a contract to pay for the building itself and any furniture so your personal belongings are not legally eligible for collateral. That said, if you are in arrears the landlord is technically loaning you money by letting you live there. If you have been evicted then you only own the landlord the rent and he is illegally holding your belongings.
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- Classy GrannyLv 71 decade ago
What she is doing is illegal and risky for her. If something happens to the tenant's belonging while she has them storied, the tenant can sue her for damages.
Source(s): I am a landlord, you can not withhold personal belongings - johnjanetlLv 41 decade ago
"Can the landlord hold personal property for back rent due?
No. If the manager/landlord states that he is holding your property for back rent, this is illegal.
NRS 118A.520. If you can prove that the landlord is holding your property for back rent, you can
sue the landlord for your actual damages, plus up to an additional $1,000. NRS 118A.520."
This is for Washoe county Nevada, but it is most likely the same in every county. It is illegal to do that here in Ohio as well. Its called retaliation, and she could also be sued for $ penalty in Ohio as well.
- Anonymous1 decade ago
I don't think it is legal to take 'thing' into her own hands
Good luck to you as a tenant anyway.
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