Evictions and Foreclosures Stayed During Declaration of Emergency in Nevada

  • March 30, 2020

On March 29, 2020, in response to the financial hardships Nevadans and citizens around the country are experiencing due to COVID-19’s rapid spread throughout the world, Governor Sisolak, issued Directive 008 to the Declaration of Emergency issued March 12, 2020, which effectively prohibits evictions of both residential and commercial tenants and foreclosures with only a few narrow exceptions.  Directive 008 states in part:

“No lockout, notice to vacate, notice to pay or quit, eviction, foreclosure action or other proceeding involving residential or commercial real estate based upon a tenant or mortgagee’s default of any contractual obligation imposed by a rental agreement or mortgage may be initiated under any provision of Nevada law effective March 29, 2020, at 11:59 p.m., until the state of emergency under the March 12, 2020 Declaration of Emergency terminates, expires, or this Directive is rescinded by order of the Governor.  This provision does not prohibit the eviction of persons who seriously endanger the public or other residents, engage in criminal activity, or cause significant damage to property.”

Pursuant to Directive 008, the only evictions that may move forward are those that were filed prior to March 12, 2020, the effective date of the Emergency Declaration, or those evictions that meet one of the very narrow exceptions relating to public endangerment, criminal activity, or substantial damage to property.  Directive 008 is clear that COVID-19 does not serve as a basis for establishing that a tenant or resident seriously endangered the safety of others.

Although Directive 008 prohibits landlords from pursuing evictions of residential and commercial tenants for the foreseeable future, it does not relieve the tenant of the obligations under the terms of the lease including, but not limited to, the obligation to pay rent.  It does, however, prohibit landlords from charging any late fees or penalties for any nonpayment under the terms of a lease, rental agreement or mortgage that occurs between March 29, 2020 and the termination or expiration of the Declaration of Emergency (or in the event Directive 008 is later rescinded).

The Governor’s Order encourages landlords and tenants to work together and communicate with each other and create a payment plan that will work for both sides.  There are many options for creating payment plans including amortizing unpaid rent through the remainder of the lease term or forgiving a portion of the rent for a certain period of time.  However, any modification should be considered on a case-by-case basis based on the tenant’s ability to pay given the economic climate and government assistance plans available to the tenant.

We are all in this together and the same rules of compassion must apply to the landlord/tenant relationship.  Stay safe and healthy and we will all get through this together.  If you have any questions about your rights as a landlord or tenant, please do not hesitate to contact our office.

Chris D. Nichols Joins Incline Law Group

  • May 17, 2018

Chris D. Nichols

Incline Law Group, LLP is pleased to announce an Of Counsel relationship with Chris D. Nichols

Chris is a highly regarded attorney who brings over 25 years’ experience and knowledge in the areas of Estate Planning, Bankruptcy and Debt; Real Estate, Gaming and Business Law. He also serves as general counsel for many of his clients.

Chris has been licensed to practice law in Nevada since 1987 and Utah since 1984 including all Federal and State Courts in Nevada and Utah as well as Ninth Circuit Court of appeals. He received his J.D. from the University of Utah S.J. Quinney School of Law in 1984, and his Bachelor of Science Degree, Cum Laude from Weber State University. Chris is an avid skier and looks forward to spending winters in Tahoe.

“This Of Counsel arrangement with Chris allows Incline Law Group to support the growth of our existing Estate Planning, Real Estate and Business Law services as well as add Bankruptcy and Gaming Law to our practice areas, allowing Incline Law Group to provide legal clarity and support to our clients in the Lake Tahoe region,” said, Cassell von Baeyer, Incline Law Group’s managing partner.

Mr. Nichols is accepting new clients; please contact Incline Law Group LLP at 775-831-3666 or via email to schedule a consultation.

INCLINE LAW GROUP WELCOMES JEREMY L. KRENEK

  • June 26, 2014

Licensed to Practice in California and Nevada

Jeremy L. KrenekIncline Law Group, LLP, is pleased to announce that Jeremy L. Krenek is now licensed to practice in both California and Nevada. Jeremy first worked at Incline Law Group (ILG) as an intern during the summer of 2011, and began working full time as a clerk for ILG in August of 2013. A Texas native, Jeremy graduated with honors from Texas State University. After initially working in sales, Jeremy and his wife Kelli moved to Incline Village and spent two winters working at the Diamond Peak ski area as snowboard and ski instructors. Determined to become full-time residents, they both returned to school; Kelli attended nursing school while Jeremy entered Santa Clara University School of Law. During his final year of law school, Jeremy competed in multiple Honors Moot Court competitions with stellar results. Jeremy and Kelli now call Incline Village home.

Jeremy’s practice will focus on general business and real estate law, family law, litigation and sports law.

Jeremy remains a dedicated snowboarder, and can be found most weekend winter mornings tearing up the slopes. In the summer, you’ll find him golfing, wakeboarding on Lake Tahoe and four-wheeling in his Jeep. Incline Law Group is very pleased to have Jeremy on board to help support the needs of our clients in northern Nevada and northern California. Says Andy Wolf, ILG managing partner, “Jeremy is committed to ILG’s continued growth and success, and we expect the firm’s ability to serve our community will benefit greatly as a result.”

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Incline Law Group, LLP – A Law Firm Committed to Excellence & Committed to You. Incline Law Group, LLP is a boutique law firm located on the North Shore of Lake Tahoe. The firm, founded in 1973 by John C. Rogers, has earned a reputation for professionalism, discretion, diligence and positive results. Our areas of practice include change of residency, creation and management of entities, contracts, real estate, asset protection, family law, commercial transactions, civil litigation and estate planning. All of our attorneys are licensed to practice in Nevada and California.