Recently, the Nevada Legislature passed Senate Bill 151 (SB151), which went into effect on July 1st, 2019. Since then, many Las Vegas landlords and property owners are wondering how they will be affected by these changes to rental regulations. Senate Bill 151 specifically changes certain laws pertaining to evicting a tenant in Nevada. Landlords will need to adjust the way an eviction notice is served by enlisting the aid of a licensed Las Vegas process server, how long a tenant has before having to vacate the property, and when their personal items can be collected.
Here’s an overview of SB151 and how the eviction process has changed:
● According to Section 4 of SB151, eviction notices must be served by licensed professionals. Other than an attorney, constable or sheriff (who are able to serve the notice), the person serving the notice to the tenant is required to be a licensed process server. A Las Vegas landlord or property manager can no longer serve an eviction notice to a tenant on their own.
● The maximum fee a tenant can be charged for late rent is 5 percent of the rental rate. Prior to the passing of SB151, landlords were allowed to charge a “reasonable” late fee with no specific restrictions.
● When tenants are served an eviction notice for non-payment of rent, they are allowed 7 full judicial days to pay their rent or surrender the property back to the landlord. This adds 2 full days to the 5 judicial days that were allowed prior to the passing of SB151.
● After being served a 24-hour lockout notice, the tenant cannot be removed prior to the ending of that 24-hour period. Section 1.7 of SB151 states that the tenant must be removed after the completion of the 24 hours but no later than 36 hours after service. Prior to SB151, the sheriff or constable could show up at the property anytime within the first 24 hours of the notice being served to remove the tenant.
● After the tenant has been evicted, landlords are legally required to give the tenant access to essential personal effects during the first 5 calendar days after the eviction in order to collect personal property. Before SB151, the tenant was required to get their personal property within 30 calendar days of being removed. However, the landlord had “no burden” within the first 5 days after an eviction to provide access to essential personal effects.
How Las Vegas Landlords Are Affected by SB151
The biggest change for Las Vegas landlords is needing the services of a licensed Las Vegas process server before the eviction process can start. This can seem stressful if you’re dealing with a bad tenant that you want to remove from your property as quickly as possible. However, hiring a professional Las Vegas process server can actually speed up the process and ensure it is done the right way.
The maximum of 5 percent of rent as a late fee will also have a substantial effect on landlords. Some placed a much stricter penalty on their tenants when rent was not paid on time, which can no longer be legally enforced. Additionally, allowing tenants an additional two days before serving an eviction notice for failure to pay rent is something landlords need to take into account when screening their tenants. If a tenant fails to pay rent on time, landlords won’t be able to remove the tenant as easily or quickly as before.
What is a Process Server?
The job of a process server is to deliver, or serve, a legal notice to a person. A process server must be licensed, showing that they understand the laws, regulations, and required duties that pertain to their job fully. Process serving is considered part of the due process of law and officially begins a legal process.
In the case of SB151, an eviction notice must be served by a licensed process server, if not by an attorney, sheriff, or constable. For Las Vegas landlords, it’s important to know whether or not your Las Vegas eviction services company is also a licensed Las Vegas process server. If they are not, they will not be able to legally deliver the eviction notice to your tenant. Before hiring a Las Vegas, North Las Vegas, or Henderson eviction services professional, be sure to verify their status as a process server in Nevada.
How a Process Server Can Help
It’s hard for Las Vegas landlords to keep track of all the changes occurring since the passing of SB151. This is especially the case when something has been done a certain way for a long time, as it can be difficult for some individuals to adjust. Hiring an experienced Las Vegas eviction services expert, who is also a licensed Las Vegas process server, is one way to make sure you don’t skip important steps or unknowingly break any laws when carrying out an eviction in the Las Vegas, North Las Vegas, or Henderson areas.