Tenant eviction is, unfortunately, a necessary part of being a landlord. There are many possible reasons for an eviction in Nevada, for example: nonpayment of rent, excessive property damage, illegal use of the property, disruption to other tenants, and even refusal to leave after the lease term is over.
Nevada, unlike some states, has a fairly straightforward process which landlords must follow when evicting tenants.
We here at Evolve Nevada have made this article to give you a better understanding of the eviction process in Nevada.
Overview of Evicting a Tenant in Nevada
All Nevada evictions must start with the appropriate notice. There are various types of notices, and the one you choose must be specific to the situation.
•7-Day Pay or Quit Notice: This notice is for nonpayment of rent. It instructs the tenant to do one of two things: to pay the rent due or move out of the property. If the tenant pays within the 7 days, then you must stop the eviction process. However, if for whatever reason, the tenant chooses not to pay, you may then move to seek the court’s help.
•No Cause 30-Days’ Notice: You can only use this notice in specific circumstances. That is, if there is no written contract or lease between you and your tenant (or if the lease has expired). The notice instructs your tenant that they have 30 days to leave.
• Tenancy-At-Will 5-Day Quit Notice: Similarly, this applies to a tenancy without a lease; if you've already sent the tenant a 30-days' notice and they have not acted upon it, you can send them a second, five-day warning.
•3-Days’ Notice for Lease Violation: You can use this notice in instances where the tenant has committed a serious lease violation. Such instances include the use of drugs, running an illegal business, permitting or committing waste, subletting the rental property, or committing a repeated nuisance on the premises. It gives tenants 3-days to move out or face eviction.
Whichever notice you serve, you must be sure to provide as much information as possible. Necessary information includes:
• The date it was served
• Your name and address
• Your reason for serving the eviction
• A statement telling the tenant how many days they have to “cure” or leave the premises
• If the eviction is due to rent, the amount (plus late charges, if any), where and how it should be paid.
Serving an Eviction Notice
You may serve any of the aforementioned notices by:
• Personally serving it directly to the tenant;
• Giving it to anyone else who lives at the premises if the tenant is not available. In addition, you must also mail a copy to either the tenant’s rental unit.
• By posting the notice in a conspicuous place at the rental unit if you can’t locate where the tenant is staying or where they work.
Click here for more information regarding serving of eviction notices in Nevada.
Nevada’s Eviction Process
As a landlord, you may only evict a tenant through either of two ways: through a formal eviction process or through a summary eviction process.
The formal eviction process is to be used by a landlord seeking possession of their unit and monetary damages, whereas a summary eviction is to be used by a landlord seeking only the repossession of their unit.
If your tenant doesn’t cooporate after recieving your notice, you may then move to court and file a complaint and summons.
In most cases, tenants will usually comply after recieving the eviction notice and there will be no need for a hearing. However, there are instances where a tenant will fight to the bitter end, for example, by presenting a legal defense.
Common Tenant Defenses in the State of Nevada
If the eviction case does move to court, here are some common arguments your tenant may try to use against you:
1. The eviction is discriminatory.
As per the Nevada Fair Housing Law, it is illegal for landlords to discriminate against tenants based on protected classes. The protected classes are disability, sexual orientation, national origin, race, color, sex/gender, religion, and age.
2. The eviction is a retaliatory act.
It is also illegal for a Nevada landlord to evict a tenant in retaliation due to the tenant exercising their legal rights. For instance, if the tenant complained about your failure to maintain the premises or other code violations.
3. The violation committed isn’t enough to warrant an eviction.
Not all violations are of the same severity, and some are more serious than others. There are some violations that you must give your tenant an opportunity to fix, if possible. Examples include parking in an unauthorized space or having pets when they are prohibited, or missing a single rent payment by a few days.
4. Your unit was uninhabitable.
As a landlord, you are required by Nevada landlord-tenant law to provide a habitable rental property. Among other things, your property must have working electricity and plumbing facilities, and be clean and sanitary.
5. You didn’t follow the right procedure.
For the eviction process to be successful, a landlord must follow the right process. If, for example, you failed to provide your tenant with the right notice, then your tenant can use that as a defense against you.
6. You used “self-help” procedures.
Shutting off utilities, changing locks, or anything of the sort is illegal. A judge would probably rule that you have evicted your tenant constructively.
The Bottom Line on Nevada Evictions
Evicting a tenant in NV requires proper knowledge and understanding of the laws. If you find the process daunting or you simply don’t have the time, then consider hiring expert help. Evolve Nevada can not only help make sure the process is quick and stress-free, but can also make sure the judgement falls in your favor.