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Motion for Summary Judgment.


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Hello everyone, I am no lawyer, I need advice.

 

State: Nevada

 

I have a couple questions, first some history.

 

I co-signed for a family member to get into an apartment. Long story short, the apartment became infested with bugs, and he was in constant battle with the complex to get it corrected. When they finally had someone "spray," they left his place unsecure, and valuables were stolen. He filed a police report, and moved out abandoning the lease.

 

We were sued mid August 2012 for a debt owed of over 3k for this lease. He got an attorney, and I filed an answer to the complaint myself. Since that time, the Plaintiff changed attorneys a couple of times.I received a few things in the mail regarding this case.

 

The case was stale, until July 2014, when I received a notice of change of counsel again, along with a Motion to request discovery, and an Order for discovery. This "order" was delivered in my mailbox with no dates or signature from the judge.

 

I have NOT received anything since July, until the 3rd of November when I received, in the mail, a Motion for Summary Judgment. Long story short, they are claiming they should win a judgment against me for not replying to the requests for Discovery, but I never received any!! Also, this motion does NOT list the date and time of the hearing either.

 

It feels like they are trying to get money out of me, knowing that their original tennant has an attorney, and plenty of documentation against them. I have spoken to a couple of attorneys, and they just tell me that it will probably cost close to what I am being sued for because of fees.

 

Here is where I need advice.

 

1. I am planning on filing an Opposition for their Motion for Summary Judgment tomorrow morning, where the basis of that opposition is the fact that I received no discovery request. Is this the good move, and is there anything I should add to that?

 

2. Two of their documents sent to me are missing information, no judge's signature or dates on the "order" for discovery, and no date and time on their Motion for Summary Judgment. Does this work in my favor?

 

3. What typically happens next in cases like this?

 

Any help is very much appreciated.

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Yes you need to file an opposition to their motion for summary judgement. I would go to the court house and see what they have filed, get a copy from the court.

Your opposition should oppose line by line what they are saying in their motion.

When you get thru the summary judgement, I would send out document requests to them.

Ask for any coorespondance between them and your family member as well as a copy of the lease.

Did your family ever send them anything in writing about the bugs or the complaint when he filled the police report?

You will want a copy of the police report also, and any other coorespondance from your family member along with an affidavit from them authenticating that coorespondance. They may also need to appear at your trial.

Start searching Nevadas rental laws, and reasons that would permit a tenant to break the lease.

Oh and read Nevadas rules of civil procedure, specifically what sanctions can be imposed for not notifying you of hearings, motions, etc. and ask the judge to impose those sanctions in your brief.

When Breaking a Lease Is Justified in Nevada

There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.

You Are Starting Active Military Duty

If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.

You Are 60 Years of Age or Older and Need to Move Because of Physical or Mental Disability

Under state law (Nev. Rev. Stat. Ann. § 118A.340) older (60 years of age plus) tenants who must move because a physical or mental disability may break a lease if they need care or treatment that cannot be provided in the rental unit, provided that specified conditions are met (such as giving proper written notice to the landlord).

The Rental Unit Is Unsafe or Violates Nevada Health or Safety Codes

If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Nevada law (Nev. Rev. Stat. Ann. §§ 118A.360, 118A.380 and 118A.490) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.

Your Landlord Harasses You or Violates Your Privacy Rights

Under state law in Nevada, your landlord must give you 24 hours’ notice to enter rental property (Nev. Rev. Stat. Ann. § 118A.330). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.

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