Evictions in Nevada

[Manager_1986]

Hello everyone.

I'm posting here because our facility has found itself in a bit of a predicament.

We evicted someone, and our letter clearly states that if the property is not cleared out, it will be considered abandoned and disposed of as we see fit.

Well, for the first time ever apparently, someone did not clear out the units and also re-locked them.

I sat in the Legal Learning workshop with Scott Zucker at the 2019 World Expo a few weeks ago, and he stated clearly that in this situation, we have to file writ of possession and have them legally evicted.

My boss says that we put the notice in the letter that their stuff will be considered abandoned, so that we don't have to do that. Zucker did not agree lol.

We have been doing our homework, and there is nothing in the NRS about this pertaining to storage. The only thing I can find is this:

" NRS 118A.450  Abandonment of dwelling unit by tenant: Remedies; presumption.  If the landlord has notice of the fact of abandonment by the tenant, the landlord may dispose of the tenant’s personal property as provided in NRS 118A.460 and recover possession of the premises as provided by NRS 118A.480. In the absence of notice of the fact of abandonment, it is presumed that the tenant has abandoned a dwelling unit if the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments, unless the rent is current or the tenant has in writing notified the landlord of an intended absence.

(Added to NRS by 1977, 1341)

NRS 118A.460  Procedure for disposal of personal property abandoned or left on premises.

1.  The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability in the following manner:

(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or his or her authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for the landlord’s negligent or wrongful acts in storing the property.

(b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his or her reasonable costs out of the property or the value thereof if the landlord has made reasonable efforts to locate the tenant, has notified the tenant in writing of his or her intention to dispose of the property and 14 days have elapsed since the notice was given to the tenant. The notice must be mailed to the tenant at the tenant’s present address, and if that address is unknown, then at the tenant’s last known address.

(c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.

2.  Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.

(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)"

Which, of course, pertains to occupied dwellings.

I am at a loss y'all. Any feedback would be greatly appreciated.

[Manager_1986]

I should also note, that this occupant is far enough behind, so we can actually move forward with the lien process. That is what we are going to do with this account, but would like some idea of what our options are for future reference.

[pacnwstorage]

I would do the lien as decided and in the future the lien process is the best path, IMO, if the time frame works but other wise Scott Zucker and your owner need to be on the same page to make sure the facility is protected from a lawsuit. By the way, throughout any process like this it is important to document the whole way.

I would want to know for sure whether the occupied dwelling statutes can be used in this instance for the abandoned property. Are you also aware as to whether the tenant is locked up or moved away or deceased?

[KrisinWA]

There are no self storage lien laws specific to NV? I think your default of going through with the lien process will CYA, so that's good. Did you have your contract written by a lawyer familiar with self storage? Because if you did and the tenant SIGNED it, then you should be covered but....
also, once in lien, lock em' out so they cannot pull that trick on you again.

[Manager_1986]

I would do the lien as decided and in the future the lien process is the best path, IMO, if the time frame works but other wise Scott Zucker and your owner need to be on the same page to make sure the facility is protected from a lawsuit. By the way, throughout any process like this it is important to document the whole way.

I would want to know for sure whether the occupied dwelling statutes can be used in this instance for the abandoned property. Are you also aware as to whether the tenant is locked up or moved away or deceased?

They came to clear out the units while I was in Vegas at the Expo. The occupant is still alive, just a pain in my rear and **after all the help I gave them** decided to just leave a bunch of crap after being evicted.

As far as Zucker and our owner "being on the same page", Zucker doesn't have much to do with our legal stuff. I asked about our situation while attending the workshop and that was the answer I got.

I am wondering what is more expensive: the lien process or writ of possession.

Frankly, I'm of the opinion that if someone is being a huge PITA, I would rather them come get their stuff and just wash my hands of it; be out maybe one month's rent from them but then get someone in the unit who will actually pay. Waiting for the lien process, I have to allow them to get several months behind then there's the cost of processing the lien, etc.

I don't know. I don't like not having eviction as an option. But if we have to do writ of possession, our owners may not let us evict anyone anymore.

[Manager_1986]

There are no self storage lien laws specific to NV? I think your default of going through with the lien process will CYA, so that's good. Did you have your contract written by a lawyer familiar with self storage? Because if you did and the tenant SIGNED it, then you should be covered but....
also, once in lien, lock em' out so they cannot pull that trick on you again.

There are lien laws. There's nothing in them specific to an evicted occupant not removing all their belongings

[Manager_1986]

Our facility has been here since 1971, and we do everything "by the books", but this is something that we have always done if necessary (disposed of stuff left after eviction. We have never been told not to do that lol).

Our occupancy agreement covers everything, but the "abandonment' clause in it doesn't make sense to me (never has, but OK lol). And the "termination" clause also states that we can evict them with 30 days notice, but says nothing about what happens to property left in the unit.

Ironically, Zucker just reviewed our agreement and modified it, but this isn't something that came up at the time.

[KrisinWA]

Ah-well, if Scott was okay with it then next time just do it. We're going through something similar-evicted tenant and we're completing the lien process right now. (ugh, he's such a schmo) His unit is full of broken down huge commercial printers and garbage. So I feel your pain.

[Manager_1986]

Ah-well, if Scott was okay with it then next time just do it. We're going through something similar-evicted tenant and we're completing the lien process right now. (ugh, he's such a schmo) His unit is full of broken down huge commercial printers and garbage. So I feel your pain.

I don't know what we are going to do in the future. My boss would love for us to just cut the locks (THEY LEFT THEIR LOCKS ON THE UNITS), and just throw everything away. I could totally see these people suing though.

I don't know. I do know that the units are FULL of trash, or were the last time we cut their locks for a lien sale. I can't imagine them wanting anything from these units...they absolutely stink and make me sick.

We will see. When we cut locks for the lien we may be able to just make the judgement that they aren't saleable and dispose of the property then.

[pacnwstorage]

"Frankly, I'm of the opinion that if someone is being a huge PITA, I would rather them come get their stuff and just wash my hands of it; be out maybe one month's rent from them but then get someone in the unit who will actually pay. Waiting for the lien process, I have to allow them to get several months behind then there's the cost of processing the lien, etc."

Is the lien process in NV that drawn out? Here in Oregon I can and do, do it all within a 2 month period. Eviction sometimes gets sticky and then the law has to get involved when you have an entitled twit that refuses to leave and I can see where that would lead to 3-4 months. Your statement of allowing them to get several months behind just surprised me.

[lady5563]

Maybe going forward, your eviction letter should have included wording as to "tenant agrees to completely clean out the unit and agrees to leave the unit unlocked. Also maybe it can include if a tenant fails to adhere to this cleaning and unlocking, property owners have the right to cut the said lock and then dispose of left behind items at property owners discretion.

[lady5563]

For me, I would just then follow the states lien laws.
I feel that I have more protection from litigation if I follow the lien steps.

[Grizz]

NRS 118A.450  Abandonment of dwelling unit by tenant: Remedies; presumption.

The key word is "dwelling", do you rent apts or storage units?

[JulieA]

In most cases I do evictions through small claims court. Works very well for me and a fairly easy process. The threat of court is enough to motivate a good percentage to pay and vacate before I file. I have also collected a huge amount of money from the judgements.

[pacnwstorage]

In most cases I do evictions through small claims court. Works very well for me and a fairly easy process. The threat of court is enough to motivate a good percentage to pay and vacate before I file. I have also collected a huge amount of money from the judgements.

Quick question about that. When you are doing an eviction do you stop accepting or stop posting "any" payment attempt by the tenant and if so, what is affected by that in the small claims court?