Las Vegas, Nevada - Tenant Eviction Process
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Explanation / Nevada - Tenant Eviction Process
Nevada evictions can be a lengthy process that if not done within the specific confines of the Nevada Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Nevada Tenant Eviction Process Explanation is provided at the bottom of this web page.
If you have any questions about the Nevada Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Las Vegas Kick'em Out Quick® Member Eviction Attorney for a Low-Cost Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Aaron R. Dean today to discuss your case (702) 823-1354.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
Eviction Process Overview in the State of Nevada
If a tenant does not voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file one of two different eviction actions with the Justice Court of that Township. The first action would be called a Summary Eviction. The second action would be called an Unlawful Detainer action, also contained within the Justice Court of that Township.
a. Summary Eviction
A Summary Eviction is exactly that. A summary disposition as to the right of possession for the subject property. In a Summary Eviction proceeding, the Judge may only hear evidence as to the possession of the property. The Judge may not hear, nor rule, on issues surrounding damages and/or award the same to the prevailing party. The only award possible in a Summary Eviction Proceeding is the possession of the property.
b. Unlawful Detainer
An Unlawful Detainer Proceeding is much different than a Summary Eviction in the State of Nevada. An Unlawful Detainer is a law suit against the Tenant(s) regarding not only Possession of the property, but can also include Damages for lost rental income, damage/repair costs to the home, etc. In a Summary Eviction you may not be awarded monetary awards for your repair costs and lost rental income, whereas, in an Unlawful Detainer Action you may apply for this award.
In both, a Summary Eviction Action and an Unlawful Detainer Action, the property owner or landlord is called the “Plaintiff” and the tenant is called the “Defendant”.
Both Summary Evictions and Unlawful Detainers, are unlike a regular lawsuit. Both processes move forward very quickly. The time given for a tenant to respond is very short.
1. The Eviction Notice
The eviction process begins with service of an eviction notice. The most common notices include:
a. 5-Day Notice:
1. Non-Payment of Rent
2. Failure to Comply with Lease
3. Tenancy at Will
b. 3-Day Notice
1. Waste, Nuisance, or Unlawful Business
c. 30-Day Notice
1. No Cause
Each of the notices outlines the action required by the tenant and the number of days they have to perform the required action. During the allotted period, the tenant may comply with the requirements of the notices and remain in the property.
2. Initiating the Eviction Litigation – The Complaint
If the tenant fails to comply with the terms of the Notice, including failing to vacate the property, an eviction must be initiated in order to remove the tenant. The following are possible scenarios in the eviction process.
a. Default Case
If the tenant is served with the Notice(s) and fails to vacate the subject property or respond within the time allotted by the Notice(s), a complaint may be filed with the Justice Court of that township, seeking a determination from the Judge as to the rightful possession of the subject property (this scenario is very quick as there will not be a hearing held with the judge).
If the tenant files an answer responding to the Notice(s), the court will hold a hearing in which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, (i.e.: Habitability Issues, Harassment, etc.) the court will not evict the tenant. If the court decides in favor of the landlord, the court will issue an Order for Eviction against the tenant.
3. Sheriff or Constable Lock Out.
Once the court issues the Order for Eviction, the same is then sent, by the court, directly to the Constables office. Upon receiving instructions, the Constable will then Travel to the Subject Property and place a twenty-four (24) hour Notice to Vacate upon the same. The following day, the Constable has the right to then remove the Tenant from the property. A representative or agent of the landlord must be present, and the landlord will need to coordinate with a locksmith to change the locks on the property at the time of the Lockout.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.