When it comes to evictions in Las Vegas, many landlords have a lot of questions. Laws are always changing and it’s easy to make mistakes if you are unfamiliar with the eviction process. To help Las Vegas landlords avoid these common mistakes, here are the most commonly asked questions about Las Vegas evictions, and the answers, to help guide you through the eviction process.
What Are Grounds for Evicting a Tenant?
There are several reasons that constitutes a landlord serving an eviction notice to a tenant. The most common reason is that a tenant failed to pay rent on time, or at all. Other common reasons why tenants get evicted include damage to the property, disruption of other tenants, safety or health violations, and illegal use of the property. A landlord can also evict a tenant in Las Vegas for violating the lease agreement by subleasing the property, or by having a pet within the rental property when it is clearly stated within the lease agreement as a violation.
How Do I Serve an Eviction Notice?
All evictions start with the serving of a notice to the tenant. Which notice is served depends on what the tenant has done. It is important to know that landlords are no longer able to serve these notices themselves with the passing of NV Senate Bill 151, which went into effect on July 1st, 2019 in Nevada. According to SB151, landlords must have a licensed Las Vegas process server serve the notice to the tenant. The only people authorized to serve an eviction notice in Las Vegas are an attorney, sheriff or constable, or a licensed process server.
What is a Process Server?
A process server is licensed and authorized to deliver legal notices. For landlords in Las Vegas, it’s important to make sure the eviction services company you are working with is also a licensed process server. That is the only way they will be able to serve the residential eviction notice to your tenant legally. For more information, here is what Las Vegas landlords need to know about process servers.
Can I Lock My Tenant Out to Speed Up the Eviction?
No, landlords cannot lock their tenants out of the rental property. Changing the locks without informing the tenant and failing to provide access to the property is illegal. There are specific steps that need to be followed when evicting a tenant in Las Vegas, and making these mistakes will only prolong the process or create legal issues for the landlord.
How Long Does an Eviction Take?
How long an eviction takes can depend on the type of notice that has been served. Some notices allow the tenant time to correct their violation. For example, a tenant has 7 judicial days to either pay their rent or completely vacant the property after being served an eviction notice for non-payment of rent. If the tenant is able to make the payment, the process stops there and the tenant is allowed to remain in the property. If not, the eviction process continues. To ensure this process goes as quickly as possible, it’s always best to work with experienced Las Vegas eviction services professionals.
What is a “No Cause” Eviction Notice and When Can It Be Used?
A “No Cause” eviction notice can be served after a lease has expired (or if the lease will expire within the respective 30 or 7 day time period) and the tenant is living in the property on a month-to-month or week-to-week basis. These notices are generally used when there is no lease agreement contract in effect. For monthly tenants, a 30-Day No Cause Notice to Quit should be used. For weekly tenants, a 7-Day No Cause Notice to Quit is used.
What Can a Tenant Do After an Eviction Notice is Served?
Tenants have four options after an eviction notice is served. They can either pay the rent (or do whatever is required as stated in the notice within the given amount of time), move out of the property, file an Answer with the Justice Court that is referenced in the eviction notice, or file a motion. Examples of this are a Motion to Stay or Motion to Set Aside. It’s important to note that while a tenant can file an Answer after the eviction notice is served, a tenant may only file a Motion after the Eviction Order (by a judge) has been served.
What is a Motion to Stay?
If a tenant files a Motion to Stay after the court issues a Summary Eviction Order, the court may delay the eviction for up to 10 days. This gives the tenant more time to find a new place to live before moving out of the property. It is also possible that a hearing is set during this time frame.
What is a Motion to Set Aside?
A tenant can ask the court to basically cancel a Summary Eviction Order by filing a Motion to Set Aside. This can be done if the tenant has a legal reason as to why the eviction should not be issued or allowed to proceed. This is why it is crucial for landlords to follow the process carefully and not make legal mistakes that could prevent the eviction from happening.
How Long Must I Keep a Tenant’s Property After an Eviction?
By law, a landlord must store a tenant’s belongings for up to 30 days after the eviction. If the landlord wishes to dispose of the tenant’s property, a good faith effort must be made to contact the tenant in writing to inform them of these intentions. If there is no response after 14 days, the landlord can legally dispose of the tenant’s general property. Additionally, the new NV SB151 law states that during the 5-day period following an eviction or lockout of a tenant, the landlord shall provide the former tenant a reasonable opportunity to retrieve essential personal effects, including, without limitation, medication, baby formula, basic clothing items, and personal care items.
Who Can Help Me With an Eviction?
An eviction services company can help landlords navigate the complex eviction process and work with them to do so in the most professional and efficient way possible. Local eviction services experts have experience and knowledge of the entire process, from serving the notice to making sure the property is vacated. If you are a Las Vegas, Henderson, or North Las Vegas landlord and are contemplating evicting a tenant, contact a Las Vegas eviction services company as soon as possible to help avoid serious mistakes or delays.