How to Evict a Tenant in Nevada

If you own rental property, you probably have had the unpleasant task of havingto evict your Nevada tenant for failure to pay rent or breakingthe leaseterms. There are three evictions processes used in Nevada. They are fairly quick. Some landlords hire a landlord/tenant attorneyto prepare and file the eviction paperwork, while others do it on their own. Landlords must be sure to follow the eviction laws exactly, or theymay have to start the process all over causing delays and loss of rental revenues.

Types of Eviction Notices

• 5Day Pay Rent or Quit. This method is the most commonly used for tenants that have not paid their rent. A notice is required to be given to the tenant. The tenant has 5 business days (excluding holidays) to pay the rent in full or vacate the property. If your tenant pays the amount in full, you must accept it and stop the eviction. I the tenant does respond and contest the matter, then the court will set a hearing date to determine how much, if any, the tenant owes and how long the tenant has to pay the amount. Normally the judge will give the tenant a few days, but it can be as long as 1-3 weeks. If the tenant does not pay, then you can start an unlawful detainer process or summary eviction. The summary eviction is faster, but you cannot collect damages. You can just get possession of the unit back. The summary judgment cannot be used against mobile park tenants. The court will issue an order to the Constables Office to complete the eviction process and lock-out.
• 30 Day No Fault- This method is used when you want to get rid of the tenant and you have no reason other than you want your property back. The process takes 30 calendar days. If the tenant does not respond, but continues to stay at the property, then you must file a 5 day (business days) unlawful detainer action in court. At the end of the 5 days, you can file for a summary judgment. The entire process will take 45 days. If the tenant does respond and contests the process, the court will set a hearing. The judge will determine whether or not the tenant has to move and how many days before they have to leave. The court will order the Constables Office to complete the process if the tenant does not move out on their own.

• 3 Day Nuisance - This method is used when your tenant violates a lease provision such as conducting an illegible activity, has pets on the premises, is noisy or commits some other nuisance or any other violation. If the tenant does not respond to the notice within 3 calendar days and vacate the premises, you must file a 5 day unlawful detainer and a summary eviction at the end of the five days. The total process takes about 15 days. If the tenant does respond and contest the matter, the court will set a hearing to determine if the tenant has to move. If the judgment determines that the tenant must move, the Constables Office must enforce the eviction if the tenant does not move out on their own.

Hire an Attorney

Evictions can be complicated and unpleasant. To make sure the proper procedures are followed, it is recommended that you hire a landlord/tenant attorney. The attorney is an expert at Nevada eviction laws, and will be able to prepare and file the necessary paperwork making sure you avoid unnecessary delays as a result of errors.