When a landlord expels a tenant from his property for breaching a lease agreement, it is called an eviction. There is a variety of reasons why an eviction is granted. Some of these reasons include non-payment of rent, tenant violations, and an expired lease. The process for a legal, court ordered eviction is different from state to state. In Nevada, the process takes from 10 to up to 180 days.
A written notice is given to the tenant prior to eviction. Nevada has several types of notice, depending on the reason for the eviction. The Five Day Pay Or Quit notice is sent out when the tenant does not pay his rent. The notice only goes out after the grace period has passed. If the tenant pays in full, the landlord must stop the proceedings. A Three Day Nuisance Notice is used when a tenant is causing a nuisance, such as noise pollution or another matter that does not concern the rent. A written reason must be included. The tenant has three working days to resolve the problem. A Thirty Day Notice is used for any other reason when there is no lease in effect. Based on the notice served, the tenant has the stated number of days before the eviction proceeding continues.
Motion for Summary Eviction
After number of days stated in the notice has passed, a Motion for Summary Eviction is submitted with the court of proper jurisdiction. A fee is charged, according to the county where it is filed, to submit the motion. Services are also available that specialize in evictions and are able to submit the paperwork for a flat fee.
The tenant has a right to contest the Summary Eviction by filing an answer with the court within a specified time limit. If contested, a hearing is scheduled within seven days. The judge either orders eviction on the spot or gives the tenant an allotted amount of time to pay or vacate.
A 24-hour lockout notice is served to evicted tenants, ordering them to leave within 24 hours or the next business day. It is the tenants' right to file a motion of stay during the 24-hour period. If the motion is granted, a hearing is set within seven days. The tenant is then able to stay until the next decision is made by the judge.
If an appeal is not filed or is denied, once the 24 hours has passed, the constable goes to the property and removes tenants that have not vacated. At this time, the landlord secures the property by having a locksmith change the locks, concluding the eviction process.
The Landlord is responsible for storing any of the tenant's property left on the premises for 30 days. The tenant must make arrangement to pick up their items and are expected to pay a reasonable storage fee. After the 30 days have passed, the landlord sends a certified letter stating the items will be disposed of in 14 days. After the time lapses, the landlord has the right to get rid of the items.