The eviction process is legal process that allow a landlord to preform an eviction with a tenant from their rental in specific circumstances. In the Nevada law environment the eviction process can take the landlord anywhere from 1 to 6 weeks, depending on the reason for the eviction and any actions taken by the tenant, such as filing an affidavit or requesting a continuance.
This article will provide a comprehensive guide on the eviction process while complying with Nevada law, including grounds for eviction, types of eviction notices, lease violation, and more.
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Types of Eviction Notices
According to Nevada law, the type of eviction notices a landlord uses depends on the specific cause for the termination.
- 4-Day Notice to Quit: This notice may be delivered if the tenant pays rent weekly or more frequently and has a tenancy of 45 days or less when behind on rent. The notice must specify the overdue rent amount and the deadline to pay. If the tenant does not pay by the deadline, the landlord may take further legal actions. This notice ensures the tenant is formally informed of the rent arrears and potential consequences.
- 7-Day Notice to Quit: In Nevada, the person acting on behalf of an attorney may serve this notice to a tenant who is behind on their rent with a 7-Day Notice to Quit. The tenant has seven days from the date of this notice to either pay rent or quit living in the rental. If the tenant fails to comply with the 7-Day Notice, the landlord can proceed with eviction. This final notice serves as the last opportunity for the tenant to pay the outstanding amount before other legal eviction actions are taken.
- 30-Day Notice to Vacate: In Nevada, the person acting on behalf of an attorney may serve a 30-Day Notice to Vacate to a tenant who has no lease agreement or a month-to-month lease agreement. The tenant has 30 days from the date of this notice to vacate the rental and end the lease agreement. Please note that the notice period depends on the rent payment frequency.
- 5-Day Notice to Comply or Vacate: In Nevada, a 5-Day Notice to Comply or Vacate may be served to a tenant who disobeys the terms of their
lease agreement by committing a lease violation or their legal obligations by the sheriff, constable, process server, or special agent of an attorney. The tenant has been given five days from the receiving the notice to either resolve the lease violation or vacate the rental.
- 3-Day Notice to Vacate: A 3-Day Notice to Vacate can be served to a tenant in Nevada who has engaged in illegal action by the sheriff, constable, process server, or special agent of an attorney. With no opportunity to address the problem, the tenant has three days to vacate as per this notice.
- 5-Day Notice to Vacate:
In Nevada, a 5-Day Notice to Vacate can be served by the sheriff, constable, process server, or special agent for an attorney if a tenant refuses to leave after the eviction notices. The tenant has five days to vacate with no opportunity to resolve the matter.
Reasons to Evict A Tenant
According to Nevada law, a landlord has a number of reasons to evict a tenant, including:
Nonpayment of Rent
Under Nevada law, a tenant who fails to pay rent on time may be evicted by the landlord. The landlord can start the eviction process by asking a sheriff, constable, process server, or special agent to serve the tenant with the appropriate eviction notice first, on behalf of an attorney. The tenant is given the option to move out or pay the remaining amount after receiving the eviction notice.
Rent from the tenant is due at the beginning of each month, unless the lease specifies otherwise. Under Nevada law, rent from the tenant is deemed late the day after the due date. The landlord is not compelled to grant their tenant a
grace period for rent payments. On the other hand, the landlord has to abide by any special provisions made in the lease or rental agreement.
End of Lease or No Lease
Under Nevada law, a tenant who does not have a lease or whose lease has expired but they are still occupying the property may be evicted by the landlord.
In order to start this eviction process, the landlord must ask a sheriff, constable, process server, special agent, or attorney to end the lease by providing the tenant with a valid thirty-day notice to vacate. If the tenant is not gone by the end of the notice period, the landlord may move on with filing an eviction complaint which is more serious than a simple eviction notice.
Lease Violations
According to Nevada landlord-tenant law, a tenant who commits a lease violation or neglects their obligations may face eviction by their landlord. If a lease violation occurs, the landlord must take specific steps to initiate eviction.
This process begins with the landlord having the tenant served with a five-day notice to comply or vacate. The notice must be delivered to the tenant by a sheriff, constable, process server, or special agent appointed by an attorney. This procedure ensures that tenants are given a clear opportunity to address the lease violation before any further legal actions are taken.
Illegal Activity
A tenant who engages in unlawful activities on the property may be subject to eviction by the landlord in Nevada. In order to do this, the landlord must first give the tenant a three-day notice to vacate by requesting that a sheriff, constable, process server, or special agent for an attorney serve the eviction notice.
The tenant must vacate within the allotted three days and are not given an opportunity to make amends for the infraction.
Unlawful Detainer
In Nevada, a tenant who disobeys or leaves after being given the appropriate
eviction notice may be taken to court and face eviction. In order to do this, the landlord must first give the tenant a five-day notice to vacate by requesting that a sheriff, constable, process server, or special agent for an attorney serve the eviction notice.
The tenant must go within the allotted five days; they are not given the opportunity to resolve the problem. If the tenant is not gone by the end of the eviction notice period, the landlord may move on with filing an eviction complaint.
How to Serve a Tenant with an Eviction Notice in Nevada?
The landlord must serve eviction notice using one of the following methods:
- Handing the eviction notice to the tenant in person.
- Delivering the eviction notice by overnight mail to the tenant's address and giving it to a responsible adult.
- Post the eviction notice in a conspicuous place on the premises and mail it overnight.
Bottom Line
In summary, eviction in Nevada is crucial for both the landlord and the tenant to understand. By following the proper legal eviction procedures, the landlord can ensure a smooth and efficient eviction process while respecting tenant rights. Whether dealing with nonpayment of rent, lease violations, or illegal activities, knowing the necessary steps can help prevent eviction complications and legal eviction issues.
If you are a landlord who needs professional assistance navigating the eviction process,
security deposits,
landlord tenant laws or managing your rental properties,
Keller n' Jadd Realty & Management can help. Our experienced team is here to provide expert guidance and support every step of the way.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
