As we start off the New Year, Las Vegas rentals are still in high demand with more and more people relocating to Southern Nevada. Las Vegas landlords may need to evict problematic tenants, which makes room for more qualified renters who are willing to pay more. Here’s what Las Vegas landlords need to know about evictions in 2020.
Las Vegas Evictions and Process Servers
The biggest change in 2019 to the eviction process in Nevada was Senate Bill 151 (SB151), which went into effect on July 1st, 2019. One of the laws SB151 affected was who is eligible to serve an eviction notice in Nevada. By law, landlords are no longer able to serve an eviction notice to their tenants themselves. Only a licensed process server can legally serve an eviction notice in Nevada, in addition to an attorney, constable, or sheriff.
This new law might be quite an adjustment for some Las Vegas landlords who are used to doing things themselves. However, having an official impartial party can actually speed up the eviction process and alleviate some of the landlord’s stress associated with an eviction. If you are working with a professional eviction services company, make sure they are a licensed process server who can legally serve your eviction notice.
Las Vegas Evictions for Non-Payment of Rent
Another change that came with SB151 is the extension to the time a tenant can pay their rent from five judicial days to seven judicial days from when the eviction notice was served. Although two days might not seem like a big difference to some, it is a substantial amount of extra time for a tenant to come up with the rent and avoid eviction altogether.
In 2020, the tenant is required to surrender the property back to the landlord only after the full seven judicial days have passed. If the tenant is able to pay the rent and the associated late fee, landlords have no grounds to move forward with the eviction. This could make it more difficult for Las Vegas landlords to quickly evict tenants who are perpetually late with their rent payments because they now have more time to come up with the funds.
Access to Personal Items after an Eviction
Even after a tenant has been evicted and removed from the property, they can still legally access their personal possessions that might have been left behind. As part of SB151, Las Vegas landlords must grant access to the tenant to the rental unit during the first five calendar days following an eviction. Landlords need to allow tenants to recover essential personal items (I.E. – medication, formula, eyeglasses, minimal clothing, etc.) within these first five days (although this can occur during the lock-out if the tenant is present). For the tenant’s remaining property, landlords are required to store it for 30-days after the tenant vacates the property. Landlords are not required to store the tenant’s personal property at the rental property, but they are required to keep it safe from elements and theft. Furthermore, landlords cannot hold any of the tenant’s property for rent and must allow them reasonable access to collect their personal property. For these reasons, it is recommended that landlords always have this process supervised.
Prior to the passing of SB151 in 2019, the landlord was not required to provide full access during the first five days after a tenant was removed. In other words, the burden was not on the landlord if a tenant wanted to collect their personal property. Now in 2020, landlords are legally required to allow the tenant to retrieve their personal possessions within that five-day time period after an eviction.
Sheriff or Constable Lockout Time Frame
Another change that Las Vegas landlords should be aware of in 2020 is the time frame in which a tenant can be removed from the property by a sheriff or constable after a 24-Hour Lockout Notice is served. With the passing of SB151, a tenant cannot legally be removed prior to the 24 hours elapsing. Once the notice is served, the tenant is guaranteed 24 hours in the property. However, the law also requires that the tenant is removed prior to 36 hours.
In previous years, tenants could be removed from the property within the first 24 hours by either a sheriff or constable in Las Vegas. These rules have become stricter with SB151, so it is important for landlords to make sure to stay on top of these changes so that they don’t inadvertently break the law or delay an eviction.
Working With a Professional Las Vegas Evictions Expert in 2020
With so many recent changes to the Las Vegas, North Las Vegas, and Henderson eviction process, landlords should strongly consider partnering with an experienced Las Vegas eviction services company to make sure that they have all the necessary legal boxes checked before carrying out an eviction. Additionally, it could be advantageous to build a relationship with a licensed process server you can rely on in order to legally serve eviction notices, and other prominent notices, quickly and efficiently to your tenants.
NMI Eviction Services has been working with Las Vegas landlords, property managers, and owners since 1988 for all their eviction needs. As a licensed process server, we can serve all eviction and other legal notices to your clients with no mess or hassle. We are also available for consultations on which notice will work best for your particular situation, or if you have grounds to move forward with the eviction. To learn more about our services and how we can help you with all of your eviction needs in 2020, contact the NMI team today!