Tenants Affidavit Or Declaration (Non-Payment Eviction - Public Or Private Subsidized Housing) With Instructions {14}

TENANT'S AFFIDAVIT/DECLARATION (NON-PAYMENT EVICTION - PUBLIC/PUBLICLY SUBSIDIZED HOUSING) TENANT INSTRUCTIONS (Form #14) If you live in public or subsidized housing, use Form #14, TENANT'S AFFIDAVIT/DECLARATION (Non-Payment Eviction ­ Public/Publicly Subsidized Housing). These instructions apply to this form. Nevada law allows no grace period for late payment of rent. Your landlord can serve you with the appropriate non-payment notice whenever your rent is late. You have 3 options: 1. 2. Pay the rent requested. Vacate the rental unit. OR, if you have a legal defense, 3. Fill out and file the Tenant's Affidavit/Declaration which will get you a hearing before a Justice of the Peace. To file the Tenant's Affidavit/Declaration you will be required to pay a filing fee unless the court waives it due to your inability to pay.1 The law requires that you file your Tenant's Affidavit/Declaration by noon of the 5th judicial day2 following getting served the notice to leave the rental unit by your landlord. If you don't arrive by noon, some court clerks may accept it up until closing, but some will not. If the 5th day ends on a Saturday, Sunday, or holiday, you have until noon on the next day the court is open to file your Tenant's Affidavit/Declaration. 1 See the section entitled "How to File a Tenant's Affidavit/Declaration" to request waiving fees and costs. 2 "Judicial Days" do not include date of service, weekends or legal holidays. Apartment 1 of 10 Tenant Instructions Tenant's Affidavit/Declaration (Non-Payment Eviction ­ Public/Publicly Subsidized Housing) Refers to Form #14 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com FILLING OUT FORM #14 Heading Fill in the name of the township and county of the Justice Court where the rental unit is located. Parties You must fill in the names, addresses and phone numbers of the Landlord/Plaintiff and Tenant/Defendant. Case No. and Dept. No. Leave blank. The court will assign a Case Number and Department Number. Body of the Affidavit Number 1 Fill in the name of the township and county. Number 2 Check the situation which applies to you, 2.A. or 2.B., indicating whether you reside in conventional public housing (owned and operated by a housing authority and financed through an operating subsidy from the federal government) or another type of government subsidized housing like Section 8, Section 202, etc. Number 3 Fill in the date you started renting. Number 4 Fill in the amount of rent the Housing Authority or your landlord says you owe. Number 5 This sentence states that you have a legal defense or defenses, that is, a reason or reasons recognized by law why you should not be evicted. The defenses you can state are on the Tenant's Affidavit/Declaration, Numbers 6 ­ 14. Apartment Tenant Instructions Tenant's Affidavit/Declaration (Non-Payment Eviction ­ Public/Publicly Subsidized Housing) Refers to Form #14 2 of 10 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com NUMBERS 6 THROUGH 14 Check the items that apply to your situation Number 6 This section contains defenses related to improper notice, e.g., that you did not get notice as required by law. The type of notice that the landlord must serve on you depends upon what type of housing you live in. For example, if you live in conventional public housing, the Housing Authority must give you a 14-day notice in addition to a 5-day notice. The 5-day notice must give you the option to either (a) pay the rent by the end of the 5th day after the notice is given or (b) leave. The 14-day notice should come before the 5-day notice and should mention that you have the right to a grievance hearing. Under certain circumstances, the landlord can combine those two notices or give the 5-day notice before the 14 days expire. These are complicated legal situations and you should call an attorney to assist you with this defense. Other subsidized housing does not require a 14-day notice. For example, if you have a Section 8 Voucher and rent from a private landlord, that private landlord is not required to give you a 14-day notice. All that is required is a 5-day notice. Moreover, a grievance hearing is not required if you live in other subsidized housing or have a Section 8 Voucher. Check A, B, or C, whichever applies to your situation. Note that A requires an explanation. Number 7 This section contains defenses that you have paid or tried to pay your rent. If you paid your rent, check A and fill in the amount you paid and the date you paid. Check 1, 2, 3, and/or 4, indicating how you paid. If you checked 4, "Other," that you paid by another method (e.g., providing agreed upon repairs or improvements), explain in the blank space how you paid the rent. Apartment Tenant Instructions Tenant's Affidavit/Declaration (Non-Payment Eviction ­ Public/Publicly Subsidized Housing) Refers to Form #14 3 of 10 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com Check B if you attempted to pay the rent, but the landlord refused to accept it. Explain. Check C if you tried to pay the rent, but the landlord refused to accept it because you refused to pay additional unauthorized charges, like collection fees or attorney fees. Explain Check D if you have made other arrangements, like paying extra to catch the back rent. Explain. Number 8 This sentence states that the amount of the rent which the landlord claims you owe is incorrect. The amount may be incorrect because the landlord made a math error, because the landlord is wrong about the amount which you agreed to pay each month, etc. Also, since you live in public or subsidized housing, the landlord may have calculated your share of the rent incorrectly. This may happen if you recently lost a job or have been cut back on the hours you work. If this happens, you may be entitled to reduced rent. Remember, however, that the landlord is only obligated to recalculate (reduce) your rent if you tell the landlord in writing that your income has decreased. The amount you owe should be reduced in the month following the month you report the decrease in income. (Remember, you also have an obligation to report any increases in your income as soon as you know about them.) Provide an explanation as to why you do not owe the amount. Habitability Defenses Available Only to Tenants in Conventional Public Housing Number 9 If you live in Conventional Public