Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Mon Tue Wed Thu Fri Sat Sun

sponsored by
Business


Courts said to act too hastily

Officials may not be following the law in evicting tenants

Some justice courts may be evicting tenants in foreclosed rental houses without providing the required three-day notice, a lawyer told a legislative subcommittee Monday.

The Legislative Commission subcommittee on mortgage lending and housing heard the testimony Monday in a session at the Sawyer building in Las Vegas.


Most Popular Stories
  • Fraud with Portent
  • Debt-ridden casino operators told to expect pressure
  • Expect to pay at Nugget's new tower
  • REAL ESTATE: Las Vegas home prices stabilize as threat of foreclosure flood wanes
  • GAMING COMPANY EARNINGS: Station drops $455.4 million
  • THE STRIP: License approved for Aria
  • GLOBAL GAMING EXPO: Recession over? Don't bet on it
  • Union wants insiders to help pull Station from bankruptcy
  • Foreclosure wave continues
  • Airport suffers another decline




  • Steve Kilgore, deputy director of the Henderson constable's office, told the panel that justice courts issue orders for him to evict renters immediately from houses that have been foreclosed.

    Lawyer Jon Sasser of Washoe Legal Services in Reno said he was concerned that some justice courts may not be following existing law.

    Sasser said tenants of foreclosed houses should be given three days to vacate homes after receiving notice of the foreclosure and even then should have the right to stay 20 additional days, pending court action.

    Chief Judge Douglas Smith of the Las Vegas Justice Court testified to the subcommittee before Sasser, but neither he nor Kilgore were asked to comment on Sasser's legal interpretation. Smith later agreed with Sasser's interpretation of the law and said the justice courts for the Las Vegas township are following the law on evictions following foreclosure of rental homes. Chief Judge Rodney Burr of the Henderson justice courts wasn't immediately available for comment.

    The subcommittee is considering bills that would give tenants longer notice before eviction because of foreclosures.

    Kilgore told the subcommittee about a recent case in which his office served notice on an elderly-care center, requiring immediate eviction.

    The center operators cared for several elder patients in the converted house in Henderson. The elder care operators had a lease with an option to purchase the house but the lender foreclosed on the house owner. In that case, the issue was resolved without any immediate displacement of the elderly patients, Kilgore said.

    Often tenants are angry when told they must immediately leave a house even though they are current with their rent, Kilgore said.

    "It's firing people up to a very, very dangerous level," Kilgore said. "I kind of refer to it as the Alamo mind-set," because the tenants sometimes refuse to leave, he said.

    "We say you have to leave right here, right now," Kilgore said.

    Assemblywoman Marilyn Kirkpatrick, D-North Las Vegas, said a schoolteacher in her district has been forced to move from rental homes four times over the last year after the landlords were foreclosed.

    Assemblyman Marcus Conklin, D-Las Vegas, who is chairman of the subcommittee, said he wasn't surprised that Sasser and some justice courts apparently interpret the complicated law differently. Conklin said he was concerned that tenants may not be receiving required three-day notice before eviction when the landlord loses the property in foreclosure.

    In addition to requiring earlier notification of foreclosure, the subcommittee is considering bills to extend the time that renters may stay after a foreclosure sale.

    "We absolutely must deal with this renter issue," Conklin said.

    In addition, he said the panel may submit bills to provide education to consumers and clarify legalities involved in the relationship between home loan applicants and mortgage brokers.

    Contact reporter John G. Edwards at jedwards@reviewjournal.com or 702-383-0420.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 6 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    J wrote on June 03, 2008 06:52 PM: Simple solution...don't rent houses! Live in an apartment...any one stupid enough for this to happen to 4 times in a year needs help.


    landlord wrote on June 03, 2008 02:22 PM: for those of you the tenant has no idea all the notices are mailed to both the owner and property address some are posted they are advertised when the auctin occurs 30 days ahead of time go to the court house and see how many evictions are occuring every day from people not paying rent i beleave there was over 30k in the first 3 months of the year that has noting to do with the foreclosures


    common sense wrote on June 03, 2008 08:26 AM: What the banks should is take possession of the home, but allow the renter to stay and pay them rent. Then give the renter the option of trying to work out a program for them to purchase the home from the bank, or if they choose not to (or can't qualify), give them date they must vacate by before the home goes up for auction or is sold to another party (30 to 45 days should be enough).

    That way the banks are still getting their money, the home is occupied and maintained instead of sitting abandoned, blighting the neighborhood, and the renters can stay in the home and even have the opportunity to purchase it at a discount.


    strad wrote on June 03, 2008 08:06 AM: I absolutely love seeing the banks bury themselves deeper into the holes they've dug by kicking out good tenants who pay their rent on time. Awesome. If they're that stupid, it'll make it easier for me to get a deal on foreclosed homes they own.


    D Jones wrote on June 03, 2008 08:03 AM: Didn't I read last week that the 3 day notice applied to the owner and that the tenants got 30 days? Maybe I'm confusing articles or newspapers.


    landlord wrote on June 03, 2008 04:30 AM: poor renters how about evicting normal tenats in three days when they dont pay there rent on time and throw there cases out when they lie make them pay fines pu up the rent money owed before they can answer to the notice