In Nevada, there are several distinct types of evictions, each with its own eviction process. Despite the fact that it varies by county, a tenant may appeal their eviction in the county in which they reside. Appeal your eviction immediately if you live in Clark County because you have just ten business days to do so after receiving your eviction notice.
COVID-19 restrictions, rent moratoriums, financial difficulties that renters are facing, federally funded rental assistance, rising violence across the country, and a slew of other elements make evictions and eviction appeals appear to be a popular subject these days. Basically, many landlords and tenants are facing housing difficulties for a variety of reasons. We’ll go over the tenant eviction appeals procedure in this article and provide you with some high-level information about how it works.
Eviction Appeals Process
There are numerous phases in the appeals process for evictions. These stages may be followed by both the landlord and the tenant to appeal a decision on an eviction case. If a tenant believes they were wrongly evicted, he or she can appeal the justice court decision. A landlord might also appeal if he or she feels that a Las Vegas justice court’s decision on an eviction case for one of their properties was incorrect.
Eviction Appeal Paperwork
The appeal procedure begins with the completion of an appropriate appeals form. The appeal form is accessible on both Clark County’s and the Civil Law Self Help Center’s websites. Once you submit your appeal, the eviction lawsuit will be put on hold until your appeal hearing.
The appeal costs, which may amount to hundreds of dollars, must be paid before presenting your case. The filing fee for an appeal is generally not waived unless a tenant can prove that he or she cannot afford it by filling out the proper fee waiver forms, which can also be accessed on the Civil Law Self Help website.
If you’re a landlord who needs help filling out tenant eviction appeal papers, NMI Evictions is the place to go. They are a full-service eviction service that handles the eviction process from start to finish, including legal assistance and representation, paper filing, eviction notice drafting, and the delivery of every eviction order to the tenant. Their staff of professionals operates throughout Southern Nevada, including Las Vegas and North Las Vegas.
Present Evidence for the Appeal
As the tenant, before you appear before a court for an appeal, be sure to collect evidence of any infractions that were corrected as well as proof of how the property was left when you removed all of your possessions. If no infractions are discovered, the judge may rule in favor of eviction. If justice court proceedings were recorded by a clerk at the hearing and filed with your appeal, you must request them from the courthouse to present as evidence.
Keep Paying Rent if You Still Live on the Property
In Nevada, the process of appealing a judge’s decision can be lengthy. In the meantime, if you remain on the premises, you must continue to pay your landlord’s rent when it comes due. According to Nevada legislation, if you do not pay your rent while you wait for a ruling, your landlord can file a 5-Day Notice to Pay or Quit, which may result in eviction within the next five days for failure to pay rent. It is considered a breach of lease agreement not to pay rent while waiting for a decision; as a result, your landlord has the legal right to take action against you by issuing an additional eviction notice.
If you don’t hear anything from the justice court system after a few weeks about your hearing date, contact the court clerk and find out what’s going on. You’ll need to push for your appeal hearing sooner rather than later if the appeal wasn’t handled by the clerk.
Free Mediation Is an Option
If you don’t want to deal with the district court, you may use the Civil Law Self Help Center’s free eviction mediation program to resolve your landlord-tenant difficulties. There is no filing fee, formal eviction procedure, eviction hearing in Las Vegas justice court, attorney charges, court costs, or final judgment in Clark County Court. Mediation has a moderate success rate, but it might be necessary to go through civil law procedures carried out in a district court to obtain a proper solution for all parties. Sometimes, when a judge grants the decision on an eviction order in a justice court, it has more finality and authority to it.
Things to Remember
The most important advice tenants should follow when appealing a higher court eviction is to be patient, keep calm, and show respect for the court. It might take many weeks for a judge to hear an appeal in district court, so you must be patient as well as continue making on-time rent payments if you are staying at the property. Unpaid rent can move up your eviction date. The same may be said of landlords who are attempting to overturn a justice court decision.
Reach out to the Civil Law Self-Help Center or Las Vegas Legal Aid Center for help if you are having trouble with your landlord. If you’re a property owner trying to deal with the tenant eviction process or appeal an eviction case decision, contact an eviction services business like NMI Evictions. Evictions must be done correctly in order to be effective. They take time and effort, which is stressful for most individuals. As a landlord and investor, save yourself time and headache by hiring a professional who will handle everything with the courts, local authorities, and your difficult tenant on your behalf.