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Nevada: A tenant left rental due to daily, documented domestic violence. Can tenant be sued for outstanding lease?
5 Answers
- 7 years agoFavorite Answer
Yes, if they are on the lease, its a legal lease and they have signed it. The judge might let them plead mitigating circumstances, but they are still responsible for the debt.
The judge might not accept mitigating circumstances if the person doing the violence was not on the lease as the person had let them into the premises voluntarily and daily repeatedly let them in.
Good luck.
- SlickterpLv 77 years ago
Yes, if the LL is a giant a$$hole, they can. Was the person committing the violence on the lease? What exactly is the documentation? Police reports? Did they attempt to get an order of protection?
If the other person was NOT on the lease, and there are no police reports and the tenant made no effort to get the person out or file for a protective order, etc, then their case might not be that good.
- Anonymous7 years ago
We don't have enough details to properly answer, there are too many variables here.
1. the abuser is on the lease & remains in the rental - no
2. the abuser was not on the lease - yes
3. the abuser is on the lease but left before the abused - yes
i'm sure there are more I am not thinking off off the top of my head. The bottom line is it all depends on who was on the lease & the details of the situation.
- 7 years ago
Depends....
In Illinois, there is a law that states that we HAVE to let a victim of documented domestic violence off a lease free and clear. We would hold any other leaseholders to the lease payments after that. If the victim was the only leaseholder, and say a live in BF/GF did it, then we have to let victim break the lease.
However, regardless what the law in your state is, you still have to deal with A. Making a proper and ethical business decision and B. Lowering your risk to tragedy and liability.
Ethically speaking, let them go. It's the right thing to do and their health superceeds your need for rental income. From a risk management perspective, let them go. Guess who gets named in the lawsuit when the family of the victim sues because the victim died from the abuse.
You can find another tenant easier than the victim can recover from abuse
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- 7 years ago
I n Illinois, I usually win these cases but still they never pay!!!! So, even when justice is done.......I still lose. Aint that something.