opendesertvista
New Member
It took me a long time to accumulate all those things I don't make very much money and I haven't even been working consistently the whole time.
Shoplifting, Larceny, Robbery, Theft Relative stole everything from me
- Thread Starter opendesertvista
- Start date
opendesertvista
New Member
And we were on a oral lease that was longer than a year which is a violation of something that I don't know more to talk about right now.
But it sounds like she needs to be sued for negligence of violation of NRS 118a.460.
By not giving me a 30-day notice to retrieve my items and making an effort to contact me or anybody else and what it is is it stealing and embezzlement is what it is.
She purposely lied and deceived and tried to make it impossible for me to retrieve my items no matter what the situation was for retaliation and it's illegal.
But it sounds like she needs to be sued for negligence of violation of NRS 118a.460.
By not giving me a 30-day notice to retrieve my items and making an effort to contact me or anybody else and what it is is it stealing and embezzlement is what it is.
She purposely lied and deceived and tried to make it impossible for me to retrieve my items no matter what the situation was for retaliation and it's illegal.
opendesertvista
New Member
And we were on a oral lease that was longer than a year which is a violation of something that I don't know more to talk about right now.
But it sounds like she needs to be sued for negligence of violation of NRS 118a.460.
By not giving me a 30-day notice to retrieve my items and making an effort to contact me or anybody else and what it is is it stealing and embezzlement is what it is.
She purposely lied and deceived and tried to make it impossible for me to retrieve my items no matter what the situation was for retaliation and it's illegal.
But it sounds like she needs to be sued for negligence of violation of NRS 118a.460.
By not giving me a 30-day notice to retrieve my items and making an effort to contact me or anybody else and what it is is it stealing and embezzlement is what it is.
She purposely lied and deceived and tried to make it impossible for me to retrieve my items no matter what the situation was for retaliation and it's illegal.
opendesertvista
New Member
If the landlord has not stored your property for thirty days and gave your property
to someone else, you can claim conversion and sue this person. "Conversion" is
the civil law equivalent of stealing or embezzling. A conversion occurs whenever
there is a serious interference to a party's rights in his property. Wantz v. Redfield,
326 P.2d 413 (Nev. 1958).
Conversion exists where either the landlord or someone else exerts wrongful
dominion or control over your personal property or wrongful interferes with your
control over the property. The act constituting "conversion" must be an intentional
act, but it does not require wrongful intent and is not excused by care, good faith,
or lack of knowledge. Conversion does not require a manual taking. "Conversion"
is where one makes an unjustified claim of title to personal property or asserts an
unfounded lien to said property which causes actual interference with your right of
possession. Bader v. Cerri, 609 P.2d 314, 317 n. 1 (Nev. 1980).
When conversion occurs, you should receive full compensation for your actual
losses. Boylan v. Huguet, 8 Nev. 345 (1873). The return of the property converted
does not excuse the conversion. Such return does serve to lessen the
damages. Winkler v. Hartford Acc. and Indem. Co. 168 A.2d 418 (N.J. 1961).
to someone else, you can claim conversion and sue this person. "Conversion" is
the civil law equivalent of stealing or embezzling. A conversion occurs whenever
there is a serious interference to a party's rights in his property. Wantz v. Redfield,
326 P.2d 413 (Nev. 1958).
Conversion exists where either the landlord or someone else exerts wrongful
dominion or control over your personal property or wrongful interferes with your
control over the property. The act constituting "conversion" must be an intentional
act, but it does not require wrongful intent and is not excused by care, good faith,
or lack of knowledge. Conversion does not require a manual taking. "Conversion"
is where one makes an unjustified claim of title to personal property or asserts an
unfounded lien to said property which causes actual interference with your right of
possession. Bader v. Cerri, 609 P.2d 314, 317 n. 1 (Nev. 1980).
When conversion occurs, you should receive full compensation for your actual
losses. Boylan v. Huguet, 8 Nev. 345 (1873). The return of the property converted
does not excuse the conversion. Such return does serve to lessen the
damages. Winkler v. Hartford Acc. and Indem. Co. 168 A.2d 418 (N.J. 1961).
opendesertvista
New Member
A reasonable charge to store your property would be up to the daily prorated rent
you paid when you lived in the dwelling. For example, if you paid $300 per month
in rent, the landlord could reasonable charge $10 per day ($300 divided by 30) to
store your property. Inventory and moving costs would be based on the average
costs of those services charged by a moving service in Nevada.
How can I dispute the landlord's actions?
NRS 118A.460 requires the landlord to provide a reasonable opportunity for you to
retrieve your property. If not, you can file a motion to contest property lien under
NRS 40.253(7).
What is a motion to contest property lien?
If you dispute the landlord's charges as unreasonable or unlawful, or the landlord
will not allow you to retrieve your property, you can file a motion to contest
property lien. This would allow a judge to determine if your landlord should return
your property, and how much, if anything, the landlord can charge for the return of
your property.
You must file a motion to contest personal property lien within twenty days after
you have moved, been evicted, or requested or received notice of the storage costs,
whichever is latest.
For essential personal effects, you must file this motion within five day of the
lockout and an expedited hearing must be scheduled within five days of filing the
motion.
What if I filed too late?
If you do not file your motion within twenty or five days, of vacating the premises,
this does not mean that you do not have any other alternatives. One alternative is
to file a small claims action against the landlord for the value of the property that
you could not get back. You can sue the landlord for negligence based on a
violation of NRS 118A.460 or conversion (as explained below).
you paid when you lived in the dwelling. For example, if you paid $300 per month
in rent, the landlord could reasonable charge $10 per day ($300 divided by 30) to
store your property. Inventory and moving costs would be based on the average
costs of those services charged by a moving service in Nevada.
How can I dispute the landlord's actions?
NRS 118A.460 requires the landlord to provide a reasonable opportunity for you to
retrieve your property. If not, you can file a motion to contest property lien under
NRS 40.253(7).
What is a motion to contest property lien?
If you dispute the landlord's charges as unreasonable or unlawful, or the landlord
will not allow you to retrieve your property, you can file a motion to contest
property lien. This would allow a judge to determine if your landlord should return
your property, and how much, if anything, the landlord can charge for the return of
your property.
You must file a motion to contest personal property lien within twenty days after
you have moved, been evicted, or requested or received notice of the storage costs,
whichever is latest.
For essential personal effects, you must file this motion within five day of the
lockout and an expedited hearing must be scheduled within five days of filing the
motion.
What if I filed too late?
If you do not file your motion within twenty or five days, of vacating the premises,
this does not mean that you do not have any other alternatives. One alternative is
to file a small claims action against the landlord for the value of the property that
you could not get back. You can sue the landlord for negligence based on a
violation of NRS 118A.460 or conversion (as explained below).
opendesertvista
New Member
But thank you for all your help everybody I appreciate it very much.
Sounds like the best option is to be sued for negligence of violation NRS 118 a.460
I was never given a notice to retrieve my property whatsoever and they were in contact with my attorney and they're investigator over the course of 3 months and they were asking her can he retrieve his property and she said no or wouldn't respond or continue to babble about everything that she hated about me or how bad of a person I was and everything that was nonsense.
Sounds like the best option is to be sued for negligence of violation NRS 118 a.460
I was never given a notice to retrieve my property whatsoever and they were in contact with my attorney and they're investigator over the course of 3 months and they were asking her can he retrieve his property and she said no or wouldn't respond or continue to babble about everything that she hated about me or how bad of a person I was and everything that was nonsense.
opendesertvista
New Member
But what I'm also going to do is I'm going to fly a drone over the house and see if there's any of my stolen property in sight record it and then give that to the police so they can arrest both of them hopefully.
opendesertvista
New Member
And I talked to the local small claims court about whether if Iy was ruled in my favor over the judgment and she tried to not pay the court ordered amount and they said it would then be monetary action that I would have to do the leg work to get rolling to put a lien on her house and she's living in a million dollar house with a million dollars in her bank account. If she refuses to pay.
opendesertvista
New Member
I. Lease Requirements
Nevada law does not require a written lease with your landlord, except if you rent a
dwelling for more than 1 year. NRS 111.210 and 118A.160. Many landlords use
the same form over many years. Sometimes, these forms contain illegal provisions.
You should read your entire lease before signing it. If you disagree with any
provision, you should ask your landlord to change or cancel it. You cancel the
provision by crossing out the disputed sentences and putting your initials, along with
the landlord's initials, beside the deleted portion.
The following information will help you figure out if your lease contains anything
illegal. If your lease contains an illegal provision, NRS 118A.200(5) and
118A.220(1)(a) void or cancel it by operation of law. This means that even though
you signed the lease, the law would not allow the landlord to enforce it against you.
At the same time, even though your lease has an illegal provision, it does not mean
the entire lease is void. Leases usually have a savings clause that allows enforcement
of the lease despite an unenforceable or illegal provision.
Pay attention to the duration of the lease, when it begins and ends, the amount
charged for rent and late fees, and the amount you must deposit as security.
Always get a copy of any lease that you sign.
If a landlord offers a written lease, NRS 118A.200 requires:
1. The lease must be signed by you and landlord or manager.
2. The landlord must provide a free copy of the lease to you.
3. The lease must contain certain terms, such as:
(a) Duration of the agreement (six months/twelve months/etc);
(b) Amount of rent and the manner and time of its payment;
(c) Occupancy by children or pets;
(d) Services included with the dwelling;
(e) Fees which are required and the purposes of the fee;
(f) Deposits which are required and the conditions for their refu
Nevada law does not require a written lease with your landlord, except if you rent a
dwelling for more than 1 year. NRS 111.210 and 118A.160. Many landlords use
the same form over many years. Sometimes, these forms contain illegal provisions.
You should read your entire lease before signing it. If you disagree with any
provision, you should ask your landlord to change or cancel it. You cancel the
provision by crossing out the disputed sentences and putting your initials, along with
the landlord's initials, beside the deleted portion.
The following information will help you figure out if your lease contains anything
illegal. If your lease contains an illegal provision, NRS 118A.200(5) and
118A.220(1)(a) void or cancel it by operation of law. This means that even though
you signed the lease, the law would not allow the landlord to enforce it against you.
At the same time, even though your lease has an illegal provision, it does not mean
the entire lease is void. Leases usually have a savings clause that allows enforcement
of the lease despite an unenforceable or illegal provision.
Pay attention to the duration of the lease, when it begins and ends, the amount
charged for rent and late fees, and the amount you must deposit as security.
Always get a copy of any lease that you sign.
If a landlord offers a written lease, NRS 118A.200 requires:
1. The lease must be signed by you and landlord or manager.
2. The landlord must provide a free copy of the lease to you.
3. The lease must contain certain terms, such as:
(a) Duration of the agreement (six months/twelve months/etc);
(b) Amount of rent and the manner and time of its payment;
(c) Occupancy by children or pets;
(d) Services included with the dwelling;
(e) Fees which are required and the purposes of the fee;
(f) Deposits which are required and the conditions for their refu
opendesertvista
New Member
And we did not have an official lease agreement in writing we only had an oral one and I had been there for over 3 years so it sounds like this is more criminal than tenant law than anything.
Zigner
Well-Known Member
You wrote a ton and I can assure you that few (if any) will do more than skim.
I'm glad you wrote this last, though. This will not be a criminal matter. This is a civil matter.
