EVICTIONS

If you've owned rentals for any length of time, you've found yourself involved with the task of evicting a tenant for one reason or another. Below is an outline of the three most common eviction processes. Fortunately, here in Nevada the eviction process is quick and inexpensive when compared to the rest of the country.

5 DAY PAY OR QUIT - This is probably the most common reason for an eviction to be exercised... the tenant has not paid the rent. The five (5) days refers to business days and consequently does not include any day the courts are not open, including weekends, holidays, or just plain days they are not normally open. Here in Clark County, the Henderson courts are only open 4 days a week. During the Notice process the tenant has the opportunity to pay his balance in full. If they do, the notice is terminated and the tenancy continues. You can not withhold taking the rent based on anything else such as a nuisance violation.. ie pets, destruction of property, illegal activities etc. If they have all the money, you are required to take it. That doesn't mean you can't start other eviction processes for other reasons or have more than one process going at the same time.

Assuming that the tenant does not pay and does not respond to the notice, at the end of the Notice period we file the appropriate papers with the courts for a Summary Eviction. This process can take 2-5 working days depending on which court has jurisdiction and their work load. The courts at this point will issue an order to the Constables Office to complete the eviction and perform a lock-out.

If the tenant does respond and contest the process, a hearing is set and a court date is given. Everyone shows up in court, presents their case, and the judge determines what if any of the rent amount the tenant must pay. The judge also determines how long the tenant has to pay the funds. Usually, it is a couple of days, depending on circumstances. We've seen unusual cases where a tenant has been given 1-3 weeks. If the tenant still doesn't pay, and most don't, then the eviction process is completed. It is not unusual for a tenant to file a response with the courts just to "buy" a few extra days of time before they move.

30 DAY NO FAULT – This is when the tenant is on a month-to-month lease and you,the owner just want the tenant gone and to have the property back. There is NO underlying reason, you just want the property back. In fact, if you give a reason, then all bets are off and you will not be able to complete this process. This time frame is thirty (30) calendar days, not business days.

Assuming the tenant does not respond to the notice, but continues to reside in the property, then the next step is to file a 5 Day Unlawful Detainer. This is five (5) business days. At the end of this period you would then file for a Summary Eviction. The entire process usually takes about 45 days. If the tenant does respond and contest the process, a hearing is set and a court date is given. Everyone shows up in court, presents their case, and the judge determines whether or not the tenant must move and then how many days they will have to get out before the judge forces them out. Assuming that the tenant does not move on their own, then the Constables office is involved in completing the eviction process.

3 DAY NUSIANCE - This is used when there is a lease violation of some type. It may be that the tenant has unauthorized pets, or running a business out of a residence, or conducting some type of illegal activity. In any event, they have broken a material portion of their lease agreement. This is three (3) calander days.

Assuming the tenant doe not respond to the notice, but continues to reside in the property, then the next step is to file a 5 Day Unlawful Detainer. This is five (5) business days. At the end of this period you would then file for a Summary Eviction. The entire process usually takes about 15 days. If the tenant does respond and contest the process, a hearing is set and a court date is given. Everyone shows up in court, presents their case, and the judge determines whether or not the tenant must move and then how many days they will have to get out before the judge forces them out. Assuming that the tenant does not move on their own, then the Constables office is involved in completing the eviction process.