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Legal battle between landlord, tenant shutters local school for neurodiverse students

Acton Academy Red Rock is still operating out of a temporary location
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LAS VEGAS (KTNV) — After being evicted, a local private school now finds itself searching for a forever home.

For many, the location of the old school on Box Canyon Drive is just a normal building, but for the parents, students and teachers at this school, it represented a whole lot more.

“It’s like a second home, and it’s like a place where your child is safe," said Anna Trout, whose 13-year-old son attends Acton Academy Red Rock.

Parents Trout and Lindsay Sang tell me their sons loved it here.

“We found Acton and the struggle went away," Trout said.

“When I found Acton, I was able to give him all the things I was looking for," Sang said.

This private school specializes in helping students with neurodiverse needs, such as students who have autism, ADHD, dyslexia or are non-verbal.

“Everything about Acton has been amazing for him. He’s thriving; they embrace him, nurture him, love him, and care for him," Sang said.

Now, this specialized school is facing sudden change. Last month, it was evicted and is now in a temporary building.

School owner Amy Novak says this happened after a dispute with her landlord

“We actually found mold in our building this summer in June," Novak said.

The school hired an inspector.

“They started removing walls and portion of the wall and the floorboards," Novak said.

The school then had a company come in to clear the mold by August. The company then finished reconstructing the building in late November.

“I got together all the invoices, the ledger of all the costs associated and I sent them over," Novak said.

She thought the building's landlord would cover the more than $42,000 bill, but that didn't happen.

“His words were, it wasn’t his responsibility," Novak said.

Novak says her landlord sent her two clauses of the lease she signed years ago in 2022.

These clauses outline the landlord's and tenant's respective responsibilities regarding the maintenance of the property and who is responsible for paying each category of change.

Novak claims the inspector and company removing the mold said the damage was not new.

“There was no water damage in the building that we caused, there was no present water damage, there was no leak," she said.

Novak claims in the initial inspection done before she signed the lease that a leak was found in the building from the sprinkler system and had sat vacant for four to five years.

Novak then decided to not pay her rent and found herself evicted.

I've reached out the landlord of this property several times by phone and email but have not received a response.

Local attorney Matt Hoffman from Battleborne Injury Lawyers says this case could be difficult to prove.

He says it may have to rely on expert analysis, leak evaluation and water records to prove anything.

“Well as the landlord I’m saying, well let me inspect it, oh we can’t because we fixed it. Well you destroyed the evidence that I would need to prove or disprove this claim," Hoffman said.

Hoffman says this case reminds tenants and landlords of the importance of reading and negotiating your lease from the beginning, making sure you understand all of the terms.

And if you do get into a situation where you have to fix anything on the property:

“Report it to the landlord in writing, make sure that they receive it. Try to have communication, provide ample opportunities for them to come and inspect it and fix it," Hoffman said.

Acton Academy Red Rock remains hopeful a new, permanent location will be found soon.

“We will find a great space, we’ll come together, we’ll make it even better," Sang said.

Novak is currently working with her attorney to receive legal advice on her options moving forward.

She is also still in search of the school's forever home.