The Eviction Process
Periodically a landlord will have a tenant that doesn’t pay the rent, becomes a nuisance or any number of things that require that the tenant vacate the property.
When that the tenant does not leave at the landlords request, the tenant may be forced out through the eviction process. This process is nothing like a lawsuit and moves very fast.
There are two different procedures the landlord can choose from.
Summary Eviction is simply an order from the judge requiring the tenant to move. There is no claim for back rent, damages or anything other than the possession of the property.
Unlawful Detainer is sought by the landlord for not only possession of the property but any unpaid rent and necessary cost to repair damages to the property.
The eviction process begins with an eviction notice, which is initiated by the landlord.
Once the eviction process is started, it can take from 10 days to 180 days, depending on the type of notice served.
The Most Common Type Of Eviction Notices
Waste or Nuisance
For non-payment of rent and/or
Failure to comply with the terms of the lease
Waste or Nuisance
Thirty-day notice is to move out.
The tenant can remain in the property during these time periods.
Initiating the Eviction Process
When a tenant doesn’t obey with the terms of the notice, the landlord can start eviction.
In situations where the tenant just ignored the notice, the landlord can ask the justice court to decide the rightful possession of the property.
There is no hearing and the judge normally issues an Eviction Notice.
There are cases however, that the tenant may file a response with the court contesting the landlord’s actions. In this situation there is a hearing and the tenant and landlord present their evidence to support their case.
If the court decides in favor of the tenant, there is no eviction. If the court decides in favor of the landlord, the court will issue a Notice of Eviction.
A copy of the Notice of Eviction is sent directly to the Constable’s office. The Constable prepares a 24 Hour Notice to Vacate and post the notice at the property.
After the 24 Hour Notice to Vacate is posted, the Constable can remove the tenant from the property. This may be coordinated with the landlord and a moving company to remove the tenant’s property.
When the tenant is forcibly removed from the property, the landlord must immediately replace the locks.
The above process deals with non-manufactured homes. Evictions involving manufactured housing have some of the same procedures as listed above but have different time periods.
There is a 3-day and 5-day notice that deal with nuisance situations.
A 10-day notice deals with the failure to pay the rent. If a grace period is written into the lease or rental agreement you must wait through the grace period but if payment in full is not made, you can immediately start the eviction process.
A 45-day notice that deals with a number of situations other than rent and the reasons listed in the 3 day and 5 day notices.
The 180-day notice involves a change in the use of the land to something other than a mobile home park.
While the eviction process may sound simple, you should talk with your attorney before taking any legal action. Personalities and the nature of the process can cause what seems like a simple process to turn ugly.
The Dean Legal Group is honored to be the Las Vegas Eviction Attorney & Landlord Tenant Lawyer for Kick’em Out Quick®. Kick’em Out Quick® saves landlords time, effort and money by offering a collectin and eviction service all in one. Contact us today to discuss your eviction and tenant collection issues in Nevada.