OT: Property Right

As mentioned in a previous thread, I am on my way to the Supreme Court. Qu estion is whether it should stop at the Nevada SC, or go to the USSC.

At issue is property owner's right to immediate restitution, upon breach of rental contract. The right of restitution is guarantee by the constitutio n to be free of illegal seizure from public or private (unlawful detainer). Property owner should not be administratively delayed by court hearings. For example, you have the right to bear arm and you do not need to have co urt hearings to determine whether you can bear arm or not.

Nevada law explicitly allows for Temporary Writ of Restitution before trial for speedy eviction. However, the courts slow it down with hearings.

This is for the District Court (of Appeal). Please argue against me.

Edward Lee vs. Charles McDonald and Las Vegas Justice Court http://173.224.223.62/eviction/District-Court-Brief.pdf

BTW, can I appeal a decision if I win? Pointers to relevant case histories would be appreciated.

Reply to
edward.ming.lee
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Yes, but why would you want to?
Reply to
John Fields

Because i might need it next time, and perhaps in California. My uncle and brother (and perhaps more friends and relatives) were victims of these pre datory deadbeat. It's uphill battle and hollow victory. Landlord usually win after heavy loss in cash flow. I am sure i will win in NSC, but a USSC decision could help future cases.

Yes, at least you can go after the state and/or prosecutor for damages. De adbeats are judgment proof. All we need is to get them out at soon as poss ible.

Reply to
edward.ming.lee

Question is whether it should stop at the Nevada SC, or go to the USSC.

of rental contract. The right of restitution is guarantee by the constitut ion to be free of illegal seizure from public or private (unlawful detainer ). Property owner should not be administratively delayed by court hearings . For example, you have the right to bear arm and you do not need to have court hearings to determine whether you can bear arm or not.

al for speedy eviction. However, the courts slow it down with hearings.

You're not making any sense, and a lot of your problems are specific to the state of Nevada and nowhere else. My advice to you is take the f____ing lo ss, get your life back, and next time hire a lawyer to write a bullet-proof lease.

Reply to
bloggs.fredbloggs.fred

Question is whether it should stop at the Nevada SC, or go to the USSC.

h of rental contract. The right of restitution is guarantee by the constit ution to be free of illegal seizure from public or private (unlawful detain er). Property owner should not be administratively delayed by court hearin gs. For example, you have the right to bear arm and you do not need to hav e court hearings to determine whether you can bear arm or not.

rial for speedy eviction. However, the courts slow it down with hearings.

he state of Nevada and nowhere else.

Deadbeat tenants are everywhere. My uncle and brother suffer losses in Cal ifornia. It's actually better in Nevada, with Temporary Writ of Restitutio n.

time hire a lawyer to write a bullet-proof lease.

You don't know the court system. Even with a bullet-proof lease, defendant can delay it for months or even years.

Reply to
edward.ming.lee

te:

:

t. Question is whether it should stop at the Nevada SC, or go to the USSC.

ach of rental contract. The right of restitution is guarantee by the const itution to be free of illegal seizure from public or private (unlawful deta iner). Property owner should not be administratively delayed by court hear ings. For example, you have the right to bear arm and you do not need to h ave court hearings to determine whether you can bear arm or not.

trial for speedy eviction. However, the courts slow it down with hearings .

the state of Nevada and nowhere else.

alifornia. It's actually better in Nevada, with Temporary Writ of Restitut ion.

t time hire a lawyer to write a bullet-proof lease.

nt can delay it for months or even years.

That's why you want to go another right like BINDING ARBITRATION which can' t be disputed (usually). Get a lawyer to write a tough lease. If you don't even know how to do basic legal research, even the judge will not take kind ly to you. The Feds do not consider civil disputes for amounts less than $7

5,000 *last time I looked* but that requirement seems to be climbing all th e time. And even if you win, if the judge doesn't like your attitude, he/sh e will still order you to pay all court costs and fees and there's nothing you can do about. Drop the crusade, it's not worth it.
Reply to
bloggs.fredbloggs.fred

Why would you want to? If you *win* surely you want the court to enforce the judgement which is in *your* favour immediately.

You sound like a vexatious litigant. The courts love them .. NOT.

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Regards, 
Martin Brown
Reply to
Martin Brown

If i don't, defendant will and delay it further anyway. Why not? It's fre e for the defense. So far, the court waives all fees for the defendant. H e claims not to have money for the court fee and no money for rent. I am n ot the city and should not be required to provide public assistance.

Reply to
edward.ming.lee

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ree for the defense. So far, the court waives all fees for the defendant. He claims not to have money for the court fee and no money for rent. I am not the city and should not be required to provide public assistance.

Hello? Why don't you try learning the business, this is America, where's th ere's a demand, there's a supply:

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Add this expense into the rent.

Reply to
bloggs.fredbloggs.fred

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free for the defense. So far, the court waives all fees for the defendant . He claims not to have money for the court fee and no money for rent. I am not the city and should not be required to provide public assistance.

there's a demand, there's a supply:

If i can go back in time and got it before Feb 28, 2014. They probably los t too much money with the program.

"Aon Affinity, the program administrator, and QBE, the underwriter, for the Aon Rent Protect Program ("ARP Program"), have agreed to terminate marketi ng the ARP Program effective February 28, 2014.

ARP Program policies sold to landlords will remain in force until the end o f the current annual policy term. ARP Program policies sold to landlords vi a your referral will remain in force until the end of the current annual po licy term. In accordance with state specific non-renewal insurance regulati ons, current landlord policyholders will be mailed notification of policy n on-renewal for policies with scheduled renewal dates beginning on May 1, 20

14 and thereafter."
Reply to
edward.ming.lee

And it seems logical that they are poised to lose more. There are quite a few things that they simply will not insure. I do not blame them in this economy.

They might start again after the laws are changed.

Reply to
jurb6006

They were just an example, and they are California too, find one that knows how to stay in business, this is not rocket science. Like everything else, most concerns that are big on advertising, especially internet, are small on performance.

Reply to
bloggs.fredbloggs.fred

That's because being an asshole is independent of having money. So there are deadbeat asshole renters, and there are asshole landlords. Since there's no way to match them up to give each other endless hell (and wouldn't _that_ be cosmic justice!), and since courts are not omniscient, laws that protect honest renters from asshole landlords also protect asshole renters from honest landlords. It's the cost of living in a just society.

If this really gives you gas pains, why be a landlord? Why not take your money and put it into something that's not going to get you so upset?

Alternately, instead of attacking the system, figure the best way to work around the asshole renters within the system.

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Tim Wescott 
Wescott Design Services 
http://www.wescottdesign.com
Reply to
Tim Wescott

Yes, i looked and will look again. However, most only cover in case of natural causes. Insurance companies would be crazy to just cover random deadbeat, unless they can pre-qualified them.

Reply to
edward.ming.lee

Honest tenants still have their days in court. In addition to the unpaid r ent, landlords are required to post a bond for indemnification pending tria l. But the court administrated delay is unfair, you know that most deadbea t judgments are noncollectable. Court sanctioned delays are just free rent s.

Even with the unpaid rent, it's better than putting the money in the bank. But the unpaid rent could be open ended, if i don't take quick actions.

I am not attacking the system. I am pushing for faster action. It's the d eadbeats who are clogging up the court system.

Reply to
edward.ming.lee

Imagine that you're an honest poor person. This means that if you have a car it's not necessarily reliable. This means that you never had the money to go to college to learn how to talk like a lawyer. This means that whenever the court is available, you're working (remember, you're _honest_ poor). This means that you can't afford a lawyer, and have to take whatever's available for free.

Now imagine being burdened with all of that, and imagine that you're trying to balance keeping a roof over your head and being treated fairly by your landlord.

Days in court are for rich people, or for deadbeats.

I didn't say anything about banks, and you know it.

Well, yes. But it's assholes on BOTH SIDES, and you only want a form of relief that's going to make it even easier for assholes with money to prevail.

Which is desirable if you're an asshole with money, I suppose.

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Tim Wescott 
Wescott Design Services 
http://www.wescottdesign.com
Reply to
Tim Wescott

Yes, take whatever that's freely given. If you are taking something against owner's will, what is the different from robbery?

He paid 7 months rent and now 5 months unpaid. Am i being unfair?

If he is not deadbeat, i don't know who is. I would not be surprised if he planned it in the beginning.

I am just saying that returns on rental investment (with reasonable unpaid rent) is still better than putting the money in the bank.

Reply to
edward.ming.lee

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Reply to
bloggs.fredbloggs.fred

There are other investment vehicles.

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Tim Wescott 
Wescott Design Services 
http://www.wescottdesign.com
Reply to
Tim Wescott

That's beside the point. I understand the rental environment. There are p lenty of other renters who deserve to stay in the property. I can fight un fair action under the law. But how do you fight unfair court delays? Appe al, often and quick? I am confident that it will be upheld at NSC, after m onths of delay in lower courts.

Reply to
edward.ming.lee

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