The worst experience for a landlord is when they have a problematic tenant. Tenants who do not pay rent unless prompted, who violate the rental agreement, who do not care for the property or who disturb their neighbors. When you get a nightmarish tenant such as this, the only sensible recourse may be to evict him or her. But would you go about doing that? Do you simply knock on their door and demand they leave?
Of course not, there are laws you must follow. If that is the case, the eviction may be a protracted, costly and an outrightly taxing process. Especially if you do not adhere to the state’s Eviction Statues. So how can a Las Vegas property owner evict a problematic resident quickly?
We’ve put together these tips to guide you through evictions in Las Vegas, Nevada:
1. Understand the Nevada eviction laws
Before you make any move towards removing a renter, you must know the conditions under which the law allows you (Clark County Eviction Process). For starters, the law prohibits an owner from using self-help evictions such as changing a tenant’s locks or making his or her life unbearable to force them to vacate. Secondly, you must involve a court of law, sheriff or constable. Furthermore, whether you want a summary eviction or a formal process like Unlawful Detainer, you can only do that for specific reasons. These include; non-payment of rent, nuisance, lease violation, criminal activities, assigning or subletting the property, tenancy at will, as well as no cause.
2. Issue a notice
The first step in any eviction process begins with the notification. Here a landlord must be careful as the notices are situation-specific. Which means that if you serve the wrong notice to a tenant, the court can reject both your application and case, forcing you to restart the process. Also, bear in mind that even though each of these notices has different procedural requirements, they all refer to business days as opposed to calendar days. Moreover, the day on which you served the notice does not count.
Some of the standard eviction notices are;
i. 5 Day Notice To Pay Or Quit
If you want to remove a non-paying defaulter from your Las Vegas property, you must serve him or her with a notice instructing them to pay the rent within five business days or quit being your tenant. If the resident pays his or her rent weekly, you should serve them with a 4-Day Notice. In both instances the notice should include;
- The owed amount,
- When the deficiency occurred,
- Statements informing the defaulter that he or she can either cure the problem by paying the due amount within three days, or oppose the notice through filing an affidavit.
- Clause informing the tenant that once the court issues the removal order, the Sheriff or Constable can remove him or her from the property.
ii. Tenancy-At-Will Notice
This notice applies to a situation where a homeowner welcomes a guest to stay in his or her property without paying rent, but either party can at their will terminate the tenancy arrangement. In such a case the law demands that the landlord gives the resident a five-day notice informing him or her that the occupancy arrangement is ending. After which, if the individual does not move out after the ending of the notice period, you should serve them with a 5-day Notice to Quit for Unlawful Detainer.
iii. No Cause Notice
If the lease expires or there is no tenancy agreement in place, a landlord can serve the tenant with the thirty-day notice to vacate the property. But if the occupant pays rent weekly, a seven-day notice suffices. Here too, if after the notice period elapses without the tenant complying, the landlord should serve a second 5-day Notice to Quit for Unlawful Detainer.
iv. Notices for Waste, Nuisance, Drug Violations, Unlawful activities, or Assigning
In case a tenant engages in any of the above acts, a property owner should serve him or her with a 3-day notice describing the alleged violation, and issue a five-day Notice to Quit for Unlawful Detainer after the elapse of the three-day notice period.
v. Lease Violation Notices
These apply in situations where a tenant contravenes the rental agreement terms. In such a case, the Las Vegas laws allow the landlord to serve the defaulter a five-day notice, which not only describes the violation but also instructs the renter to cure it or vacate. If the five days pass without the tenant being responsive, the landlord should issue another five-day Notice to Quit for Unlawful Detainer.
3. Complaint-For-a-Summary Eviction
After serving the tenant with the appropriate notices, a Las Vegas property owner has to wait for the resident to either comply with the notice terms or file an answer in court. If the occupant does neither, the landlord must take the report to the Justice Court and file a Summary Eviction Complaint. Upon which, after reviewing the case, the court can grant an Ejection Order together with an Instruction-to-Order form. If the renter filed a timely Answer, the court will summon both the tenant and the landlord for a hearing.
4. Court Hearing
The court hardly issues an eviction order before the hearing of a nonpayment of rent case. Still, the court can rule for the tenant especially if his or her Affidavit or Answer contains undeniable facts. In such a case the court will dismiss the action, compelling the landlord to file and pursue the Formal tenant eviction process. But if the landlord has a strong case, the court will grant the Order for Summary Eviction.
5. The Sheriff or Constable Lock Out
After issuing the removal order, the court will send the instructions directly to the Constable or Sherrif, who upon receiving it, will go to the tenant’s premises and place a twenty-four hour Notice to Vacate. Once the twenty-four hours lapse, the Constable has the authority to evict the individual. Present to witness the exercise and change the locks during the lockout, should be the landlord, or the landlord’s representative.
Even though the tenant eviction process in Las Vegas is long-winded and elaborate, it is an owner’s best interest to adhere to the city’s Eviction Statues. It will be inexpensive, less time consuming and most importantly legal.