Removing Difficult Tenants
How To Evict Tenants From Your Property
Eviction is the legal process used in Nevada to remove tenants from single family rental properties. All evictions begin with a notice. Tenants are notified that the landlord is starting the eviction process by the posting and mailing of the notice (5-Day, 3-Day, 30-Day). Once the appropriate waiting period has elapsed the landlord may then file a summary eviction with the courts. If the eviction is granted by the appropriate judge the landlord may then schedule a lockout with the Constable. The Constable posts a 24 hour lockout notice notifying the tenant that the property must be vacated within 24 hours. The door locks will be changed at the same time. Once the tenants are removed from the property the eviction is complete and possession of the property returns to the landlord.
A major factor increasing the cost of eviction is whether the tenant 1) "answers" the notice or 2) files a "motion to stay" the eviction order. Both motions are a challenge by the tenant over the legitimacy of the eviction and only a judge can determine if the eviction is warranted. The "answer" and the "motion to stay" by the tenant will halt the progress of the eviction and requires a court hearing. The "answer" is in reference to the eviction notice and the "motion to stay" is in reference to the eviction order. This response adds greatly to the cost of the eviction because the landlord must obtain the answer, wait for the court date, and attend the hearing. In the hearing the judge may support your eviction or he can "throw out" your case, destroying your eviction.
ReSys eviction services include serving tenants with the appropriate notice and following the eviction to conclusion. This includes filing Summary Evictions only, and delivering Instructions to the Constable. This also includes searching for Tenant Answers to Eviction, attending court hearings, verification of tenant move-out and dealing with abandoned property.
All notices are served the next business day.
The RESYS Standard Eviction - $285 + court fees + Constable + lock change fees
A Standard Eviction includes the preparation and serving of the
notice of your choice. Once the proper amount of time has elapsed
the Summary Eviction is prepared and served. Once the Summary
Eviction is granted the Order to the Constable is prepared and
delivered. The Standard Eviction does not include any services for
court appearances, Tenant Answers or Motion to Stay. Court fees are additional ($75 approx), Constable ($100 + mileage approx.)
and locksmith ($150 approx.) fees are separate fees because the Constable fees are based upon driving mileage and locksmith fees are based upon the type and number of locks on the home. Total charges are approximately $575 for the summary eviction.
The RESYS Standard Eviction (including Tenant
Answer/Motion to Stay and Court Hearing) - $435 + court fees + Constable + lock changes
This eviction service includes the services listed in the Standard
Eviction AND includes obtaining the Tenant Answer OR Motion to
Stay action, and attending the resulting court appearance is included.
To File an Eviction the Landlord MUST PROVIDE to RESYS:
Copy of Lease
Delinquent amount of rent
Existing security deposits held
Late fees due
COMMON EVICTION SITUATIONS
If the Tenant pays in court hearing, the Landlord may receive:
Late fees (not always, depends upon the judge)
Legal fees (rarely allowed by judges)
In court the tenant may offer to pay rent. The judge will require you to accept the rent. The judge MAY award late fees, however, late fees must be included in your lease as rent to collect. The judge may still not allow you to collect the fees. In any case the least amount the landlord will receive will the the delinquent rent due. Late and legal fees collection may not be allowed.
If the Tenant Answers the Eviction Notice
Tenant Answers are VERY common and occur frequently.
If the tenant answers the eviction notice this means the tenant is objecting to the eviction and is providing a reason to the judge why the eviction process should be halted. The tenant's answer is scrutinized by the judge for credibility and if the Answer is reasonable the judge will set a hearing in court, usually about a week after the Answer is delivered to the judge.
In the hearing, if the tenant's rationale is supported by the judge the eviction is dismissed and the landlord must start all over again.
If the landlord starts again he must be certain the objectionable items in the Answer are cured or the judge may dismiss the case again. For example, if the tenant had an arrangement with the landlord to pay late for this month and the tenant had proof of the arrangement the eviction will be dismissed. However, if the time has elapsed and is now past the arranged late-pay time, the eviction will now be upheld.
If the Judge Grants the Summary Eviction
If the judge upholds the eviction, the tenant will be ordered to vacate the property. The judge will specify an exact date and time the tenant must move or the Constable will have the tenant removed, and the door locks re-keyed.
If the Tenant Files a Motion to Stay
A Motion to Stay is a request by the Tenant to the court in which the Tenant asks the court to delay the eviction for up to 10 days pursuant to NRS 70.010(2).
If a Tenant files a Motion to Stay it does not mean that the eviction is cancelled.
If a Tenant files a Motion to Stay one of the following could occur:
Motion to Stay is GRANTED by the court. Judge will postpone the eviction for 1-10 days. The eviction will continue the very next business day after the postponement.
Motion to Stay is DENIED by the court. The eviction continues the very next business day.
A Tenant may only file one Motion to Stay per case.
After the eviction is ordered by the judge an order must be given to the Constable to proceed with the lockout. After the Constable Office is paid their fees the Constable will go to the property and post a 24 Hour Notice. This notice informs the tenant that they will be locked out of the property at any time during the next 24 hours. Tenants should be prepared to move immediately. If the Constable arrives at the property after the 24 Hr. Notice and the tenants are still in the home, the Constable will ask them to leave or will force them to leave the property. Door locks will be immediately changed and the new keys are delivered to the authorized party. Possession has now been secured for the landlord and the landlord is free to use the property as desired.
After the Eviction
After the eviction is completed and the tenants are removed, the locks have been changed and possession of the property has been returned to the landlord. If the tenants did not remove all of their personal property the landlord must inventory the property and hold for 30 days. The landlord cannot simply remove or trash the tenant's personal property. If the tenants want to pick up the property they must make arrangements with the landlord. Landlords may charge for moving and inventory of the property. If the tenant's do not pickup their property by the 14th day after the lockout, the landlord must send a notice to the tenant indicating that their property, if not retrieved within 30 days from lockout, will be disposed in any manner seen fit by the landlord. See NRS 118A.460