Tenant eviction is a serious process. It must be completed carefully or the tenant could claim that they were illegally evicted and take the landlord to justice court. The tenant eviction process begins with a tenant eviction notice, though there are several kinds of notices that can be used depending on the situation. In this article, we’ll explain how landlords can properly serve a 30-day termination notice for tenancy.
What Is an Eviction Notice?
In Nevada, a tenant eviction notice from a landlord instructs a tenant that their continued presence on the property is unlawful and they must vacate the premises by a certain date (the “notice period”). If the tenant fails to do so, an additional tenant eviction notice must be served – if it isn’t, this could result in the tenant claiming they were illegally evicted.
There are several combinations of first and secondary notices that landlords can deliver to their tenants, and it all depends on the reasons the landlord is claiming their tenant can be lawfully evicted from their property. Serving a “no cause,” or 30-day termination of tenancy notice is one of the most common in Nevada.
When Can a Landlord Serve a 30-Day Termination of Tenancy Notice?
There are several reasons that landlords can use a tenant eviction notice to evict their tenant, typically for nonpayment of rent or because the tenant’s presence is now unlawful after committing some kind of lease violation. They could also be eliciting illegal services out of the home, or conducting illegal activities on the property.
With a 30-day notice, it’s not so much an issue of non-payment as it is an issue of the tenant refusing to leave after their lease is up, regardless of if they paid rent during their lease period or not.
A no-cause notice can also be used for tenants who don’t currently have a lease agreement and pay monthly. If the tenant doesn’t have a lease agreement and they pay monthly, they are entitled to the full 30 days supplied in the notice.
The True Length of a 30-Day Notice
The term “days” is used to refer to business days, not calendar days. This is a very important distinction that landlords should be aware of when they’re anticipating the removal date of a tenant.
A 30-day tenant eviction notice period must be used in accordance with state law. It begins on the day it is delivered to the tenant and continues until midnight on its last day. For example, if the landlord delivers an eviction notice to the tenant at 12:00 p.m. on Monday, then it would expire at 11:59 p.m. on Tuesday evening.
Eviction Process After Serving the 30-Day Notice of Termination of
If the tenant doesn’t vacate the property after the eviction notice timeline ends (30 days for monthly renters and seven days for weekly renters) they are now considered to be illegally on the premises. At this point, landlords are required to serve an additional Notice to Quit for Unlawful Detainer notice that gives the tenant five days to leave, or else legal action will be taken by the landlord. A 5-Day Notice to Quit for Unlawful Detainer is usually the last resort for landlords during the eviction proceedings because it’s the last step before Nevada law proceedings involving the justice court system.
Now What?
During these five days between tenant eviction notices, either party can apply for mediation if they feel it would help them resolve their issues without having to go through legal proceedings. It’s highly recommended that both parties try reconciling before taking further legal action because once you have filed your eviction lawsuit, you cannot withdraw it without first serving another tenant notice and waiting for its response time period. Because of this reason alone, so many tenant eviction disputes are able to be mediated or settled out of justice court.
Any Exceptions to the Rules?
As with most things, there are exceptions to the rules. The main exceptions to the no-cause tenant eviction notice are for renters who are 60 years old and up, and for those with physical and mental disabilities. They are to be given an additional 30 days to remain on the property. These rules are in place to protect the most vulnerable members of our society.
How Are the Exceptions Regulated?
In order for the extra 30-day exception to be granted to an older or disabled tenant, the tenant must supply a written request, and something proving the tenant’s age or disability status, like a social security award letter.
During the additional 30 days granted to someone with a disability, the tenant must comply with the original lease agreement, including instructions for paying rent. If the tenant does not pay rent during this time, a landlord has the right to serve them a Seven-Day Notice to Quit or Pay.
How Can Eviction Services Help You?
If you need to evict tenants, Las Vegas is home to NMI Evictions. Whether they’re conducting illegal activities, won’t leave your property, or stop paying rent, NMI can help you through the entire eviction process. They have decades of experience handling evictions in the Las Vegas and Clark County areas. They have the background, knowledge, and expertise to take you through the entire eviction process from start to finish so you can get control of your property.
Evicting a tenant is never easy. Lucky for you, NMI Evictions has all the tools and knowledge needed to handle tenant eviction cases with ease. They are familiar with civil law and Clark County court proceedings. While tenants can lean on a local legal aid center and civil law self-help resources to learn about Nevada civil law, you can have access to personalized services. So why waste time trying to figure it out yourself when you can call on the eviction process experts at NMI Evictions? They offer comprehensive eviction services including, paperwork, serving eviction notices, communication, justice court proceedings, legal representation, lock-changing, and removal of the tenant from your rental property.
Start Now So You Can Move On
If you have a difficult tenant who won’t move out after the end of their lease, or who didn’t have a lease agreement to begin with, consider using a 30-day notice to evict them. Hopefully, after reading this article, you have more knowledge and confidence to make the decision and get your property back quickly.
The key to evicting someone smoothly and with little conflict is to know what steps and procedures to follow as the landlord. It minimizes confusion, leaves little room for interpretation on the part of the tenant, and safeguards you from unlawful eviction lawsuit filings. Contact NMI Evictions now so they can get the ball rolling on your tenant eviction!