Eviction In Las Vegas
This is Matthew Kammeyer Broker of Five Star Property Management here in Las Vegas Nevada. We often get questions about what the eviction process is, here now that the law has changed a couple of months ago. So I wanted to go through that for you.
I just grabbed a calendar here, this month September 2019. The first thing you are going to want to consider about the eviction process is when does your grace period end? So you cannot file a Pay or Quit notice until the expiration of your grace period. For us, like many other companies, we have these few days grace period and then late fees start on the 4th. That is when you can actually start your filing. I’m going to run through a situation as if you were running things perfectly and just show you what that looks like. We can’t really file the 7-Day Pay or Quit before the end of the grace period. It used to be a 5-Day Pay or Quit in Nevada, now it’s a 7-Day Pay or Quit, and that is 7 Judicial Days.
Let’s go through this. Here’s day (of the month) 1, 2, 3 (4-6th September) let’s skip the weekend 4, 5, 6, 7 (9-12th September) so you can see we’re already on to the 12th now if there were a holiday in here we’d already be onto the 13th but anyway we’re on to the 12th, so then the next day we can file for the actual eviction. We can file the 5-Day Unlawful Detainer posting for the actual eviction. This period up here, for the 7th day (4-12th September), the tenant can bring in the funds and we have to accept it. Beyond that, we do not. From here we file the eviction and they do get their 5 days. 1 2 3 4 5 (16-20th September) In that time period the tenant does have the right to petition with the court to request a hearing to discuss why or dispute the eviction. So we go through this and a dispute does not happen, the tenant doesn’t contest it, they know they didn’t pay the rent. Now the court will forward the documents to the constable and the constable goes and post the notice. Realistically they could be posting here (23th September) probably most likely here, (24th September) Then they have 24 to 36 hours that they would go back to formally remove the tenant. So you are looking at you know pretty much the end of the month because if you just had one day lost in there you know you’re on the 30th.
If we go back to the Five-Day Unlawful Detainer (16-20th September) and let’s say the tenant does dispute it. So they have a few more days to get a court date and let’s say they don’t show up to court because they would be the most likely outcome; Or try to come to court and request that we accept partial payments, which we do not. We would not advise that in most circumstances. So the judge will make a ruling (although if it gets in front of a judge they might say “all right, we will give you a couple of extra days, we will give you through the weekend.”) If they don’t comply with the constable coming out and then you know a few more days there. It could be optimally a four-week process to a thirty-day process but if there are any hiccups, at all you know it could stretch out another week maybe a week and a half.
Another change is, if you have a tenant that’s moving out and you just want to give them a 30-Day Notice, everything’s good, you want to sell the home or move back in. You just want to retake possession of the property at the end of the lease. As long as you think that you can take possession of the property back without them holding over, meaning they staying on the property longer than they’re allowed. You could just send them a written you know a normal notice. But if it will be attached to an eviction possibly, you have to send the processing through a process server, attorney, or the constable’s office. You would go through that 30-day process and let’s say the person doesn’t move out then you would start the unlawful detainer up here (2-6th September). You have your five days and then you either go to court or have the constable lock them out.
We are versed in this and if you would like to discuss more, please call my office at 702-852-2852, or visit our website www.FiveStarPM.com