One of the greatest fears of owning a rental property for most homeowners is the fear of an eviction. And rightly so! An eviction usually means unpaid rent, possible damages to a home and the task of navigating the legal system to complete it. It leaves many owners flustered and upset. So, here are a few helpful tips about evictions to alleviate the fear and be in the know! Knowledge of the process can help you deal with this situation and take the necessary and appropriate steps.
- Nevada makes it illegal for a landlord to use “self-help evictions” to carry out an eviction. This means that a landlord cannot take an eviction into their own hands, changing out the locks without the involvement of the Court, the Sheriff or the Constable. And a landlord cannot try to force a tenant off of the property by making living conditions “unbearable.”
- All evictions must begin with a notice. There are different notices to choose from, depending on the situation. Non payment of rent, for example, requires a 5 day pay or quit notice to be served. If there is a nuisance at the property by the tenant, a 3 day notice describing the nuisance must be served. If a tenant fails to comply, a second notice must be served, known as a 5 day Notice to quit for unlawful detainer. There are also notices for lease violations that must be adhered to. Ultimately, a notice based on your circumstances must be chosen, as outlined in Nevada law. The constable may serve the notice, the landlord or a process server can be hired.
- To evict a squatter from the home, the correct notice must be served as well!
- Once the notice is served and the appropriate amount of time has elapsed without resolution, a complaint of summary eviction must be filed with the Justice Court. Once this is approved by the court, the constable will become involved to complete the lock out. During this process, you will receive forms and instructions to successfully complete an eviction.
Of course, keep in mind that this is simply a summary. Situations will vary. Notices vary. And the length of time will vary to successfully complete an eviction. If you need assistance, be sure to seek legal advice.
Above source information: http://www.clarkcountynv.gov/constable/lasvegas/Pages/EvictionProcess.aspx
Contributed by Nicklin Property Management
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