The eviction process in Nevada is straightforward. A landlord issues a notice to pay or quit, depending on the reasons for the eviction. The tenant either complies with the requirements of the notice or quits the rental unit. If neither happens, the landlord files an eviction lawsuit against the tenant. The court must determine the case before the landlord can legally evict the tenant.
While that sounds simple, many residents still do not understand how the Nevada eviction process works. This article explains everything you must know about the formal eviction process in Nevada. Keep reading.
Reasons for Eviction in Nevada
There are many reasons why a landlord may evict a tenant in Nevada. The top reason is the non-payment of rent. In other instances, an eviction could be due to a lease violation, conducting illegal activity, or failure to renew a lease agreement.
1. Non-Payment of Rent
Paying rent is a critical part of meeting the requirements of lease agreements in Nevada. Landlords could use rent payment software to minimize the chances of tenants defaulting. It would be difficult for the tenant to stay in the house without paying rent.
A landlord may issue a notice to pay rent if the tenant delays by one or more days. In the written seven-day notice, the landlord gives the tenant a grace period to pay rent. The eviction process stops when the tenant pays the rent.
If the tenant fails to pay rent within the notice period, they must quit the premises. Otherwise, the landlord must file an unlawful detainer lawsuit against the tenant when the eviction notice expires without commensurate payment.
2. Violation of the Rental or Lease Agreement
A landlord and tenant must abide by the provisions of the lease or rental agreement for the entire period of the tenancy. Any lease violation by the tenant may lead to an eviction.
In that case, landlords in Nevada must issue lease violation notices. For a month-to-month tenancy, the landlord would issue a five-day notice to comply or quit.
Common lease violations include the following:
● Smoking in areas where it’s not allowed
● Damage to the rental premises
● Keeping a dog or cat in a pet-free rental unit
● Being a nuisance to other tenants
The purpose of lease violation notices is to ask tenants to remedy the situation or quit the rental unit. If the tenant fails to correct the situation, the landlord will continue with the eviction process by filing a lawsuit.
3. Conducting Illegal Activity on the Rental Property
Besides lease violations, a landlord may also evict a tenant for engaging in illegal activity on the rental property. The following are the illegal activities that could warrant a landlord to issue an eviction notice to a tenant:
● Illegal drug use
● Running an illegal or unlawful business
● Getting involved with a criminal gang
When faced with these lease violations, the landlord must issue a three-day notice to quit. The landlord may then file for a summary eviction if a tenant refuses to quit the rental property. That may eventually lead to an unlawful detainer action.
4. Failure to Renew a Lease Once it Expires
Landlords who want to adhere to the formal eviction process in Nevada must have good cause to evict a tenant. If the tenant doesn’t violate the lease, they can stay on the rental property until the lease expires.
Once the lease ends, the landlord has every right to evict the tenant. It doesn’t matter if the lease has expired for just one day.
The landlord must issue any of the following types of notices:
● A five-day notice to quit in the case of a tenancy at will
● A thirty-day notice where there is no written lease agreement
● A seven-day notice to quit when tenants pay rent weekly
Some stubborn tenants may refuse to leave the rental property, leading to the landlord filing an eviction lawsuit. Of course, that’s the only way to legally evict a tenant in Nevada.
The Eviction Process in Nevada
The summary eviction process in Nevada involves several steps. Skipping any of the steps could negate the entire process. Thus, for a landlord to respect the formal eviction process, they must take the following steps:
Step 1: Issue a Written Notice
The first step in the Nevada eviction process is to issue an eviction notice. According to the Nevada revised statutes, eviction notices vary based on the reason for evicting the tenant. For example, there is a five-day notice to pay rent or quit for tenants who are late paying rent. Here are some common examples of eviction notices in Nevada:
Five-Day Notice to Pay Rent or Quit
A tenant who fails to pay rent when it is due gets a five-day notice to pay rent or quit. The notice gives the tenant five days to pay up or exit the rental property. If the tenant doesn’t pay or move out, the landlord files an unlawful detainer case.
Five-Day Notice to Cure or Quit
This is one of the lease violation notices. It is issued when there is a lease violation that the tenant can easily remedy. Within five days, the tenant should have fixed the situation or moved out of the rental unit. According to eviction laws in Nevada, a landlord must file a lawsuit if the tenant stays on in the premises without correcting the situation.
Unconditional Quit Notice
An unconditional quit notice is issued when the landlord requires the tenant to quit the rental unit immediately. The tenant has no time to fix a lease violation but must move out immediately or risk being taken to court.
Step 2: Filing an Unlawful Detainer Action
Nevada law requires a landlord to file a complaint if the first notice period passes without action from the tenant. The landlord would pay filing fees, which is $270 in Clark County.
Steps to Take
Filing a complaint is a systematic process that includes the following steps:
- approaching the local district court prior to filing
- filling out the requisite forms
- paying the filing costs
According to the laid-down Nevada eviction process, landlords must wait for three to 30 days based on the reason for the eviction. The following are the timelines:
- Seven business days for nonpayment of rent
- Five business days for a lease violation
- An equivalent to the days of notice given to the tenant for other reasons
Step 3: Serving the Tenant
The landlord must serve the tenant with a summons and complaint containing the court date. Nevada landlords cannot serve court papers by themselves. Instead, eviction laws in Nevada allow a licensed process server, sheriff, deputy sheriff, or an involved party over 18 years old to serve the papers.
How to Serve Documents to a Tenant
Here is how to serve an unlawful detainer notice in Nevada:
This involves serving the summons and complaint to the tenant in person. Thus, the server may meet the tenant at home or a place of work.
A server posts a copy of the summons and complaint at the rental unit with an individual who lives with the tenant.
Step 4: A Tenant’s Affidavit
Responding to the summons and complaint, the tenant must file an affidavit disputing the landlord’s claim. The tenant must attend the eviction hearing in person. However, they will get a grace period before filing a response.
If the tenant does not file an affidavit, the summary eviction process ends with a default judgment in favor of the landlord. The court may grant a 30-day grace period before the tenant files an affidavit.
Step 5: Asking for Possession of the Rental Unit
Winning a case at the district court is no guarantee that the landlord would evict the tenant. Some tenants could refuse to quit the rental unit. In that case, the landlord must take the following steps:
Filing a Motion for a Judgment for Possession
Landlords and property managers in Nevada must provide solid evidence against stubborn tenants to convince the justice court about the need for eviction. The landlord wins by default is the tenant fails to attend the eviction hearing. However, the tenant has ten days to appeal a judgment for possession.
What if the Tenant Files an Answer?
In case of a tenant’s affidavit disputing the landlord’s claim, both parties must argue their cases before the judge. They may provide evidence by providing any or all the following documents:
- Bank statements in case of non-payment of rent
- A copy of the written lease
- Statements from witnesses of an alleged nuisance
- Photos or videos of alleged lease violations
If the judicial officer issues an order to show cause, the tenant should take time to prepare a defense. That would require much more than just the tenant’s affidavit. It would prolong the eviction lawsuit.
Step 6: Taking Possession of the Rental Unit
After the order of removal, the tenant must move out of the rental property. Otherwise, the landlord would execute forceful eviction. If the dispute were about non-payment, the tenant would have a five-day grace period to pay rent. The summary eviction process ends once the tenant complies.
Law enforcement officers may evict a tenant who refuses to quit the rental premises voluntarily. Thus, the landlord must not engage in self-enforced eviction.
Safeguarding Landlord Interests Through Insurance
Investing in rental premises takes a lot of time and money. Thus, it is necessary to get protection against perils like water, fire, and natural disasters. Landlords also face different legal liabilities when a tenant or visitor gets injured in the rental unit.
The best way for landlords to get protection against possible losses is by obtaining landlord insurance. It suits apartment buildings, multi-family units, manufactured structures, etc. Besides compensation after losses, landlord insurance also covers defense costs during a liability lawsuit.
Therefore, landlord insurance can help ensure peace of mind for anyone leasing their property to tenants. If you’re looking for a reliable landlord insurance provider, don’t contact us at Steadily.com today.