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property management
EVICTIONS property managment
property management, rentals, las
vegas, rent, management, lease, house, condo
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If you've owned rentals for any length of time, you've found
yourself involved with the task of evicting a tenant for one
reason or another. Below is an outline of the three most common
eviction processes. Fortunately, here in Nevada the eviction
process is quick and inexpensive when compared to the rest of
the country.
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DAY PAY OR QUIT - This is probably the most
common reason for an eviction to be exercised... the tenant
has not paid the rent. The five (5) days refers to business
days and consequently does not include any day the courts
are not open, including weekends, holidays, or just plain
days they are not normally open. Here in Clark County, the
Henderson courts are only open 4 days a week. During the Notice
process the tenant has the opportunity to pay his balance
in full. If they do, the notice is terminated and the tenancy
continues. You can not withhold taking the rent based on anything
else such as a nuisance violation.. ie pets, destruction of
property, illegal activities etc. If they have all the money,
you are required to take it. That doesn't mean you can't start
other eviction processes for other reasons or have more than
one process going at the same time.
Assuming that the tenant does not pay and does not respond
to the notice, at the end of the Notice period we file the
appropriate papers with the courts for a Summary Eviction.
This process can take 2-5 working days depending on which
court has jurisdiction and their work load. The courts at
this point will issue an order to the Constables Office to
complete the eviction and effect a lock-out.
If the tenant does respond and contest the process, a hearing
is set and a court date is given. Everyone shows up in court,
presents their case, and the judge determines what if any
of the rent amount the tenant must pay. The judge also determines
how long the tenant has to pay the funds. Usually, it is a
couple of days, depending on circumstances. We've seen unusual
cases where a tenant has been given 1-3 weeks. If the tenant
still doesn't pay, and most don't, then the eviction process
is completed. It is not unusual for a tenant to file a response
with the courts just to "buy" a few extra days of
time before they move.
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30 DAY NO FAULT
- This is used when you the owner just want the tenant gone
and to have the property back. There is NO underlying reason,
you just want the property back. In fact, if you give a reason,
then all bets are off and you will not be able to complete this
process. This time frame is thirty (30) calendar days, not business
days.
Assuming the tenant doe not respond to the notice, but continues
to reside in the property, then the next step is to file a 5
Day Unlawful Detainer. This is five (5) business days. At the
end of this period you would then file for a Summary Eviction.
The entire process usually takes about 45 days. If the tenant
does respond and contest the process, a hearing is set and a
court date is given. Everyone shows up in court, presents their
case, and the judge determines whether or not the tenant must
move and then how many days they will have to get out before
the judge forces them out. Assuming that the tenant does not
move on their own, then the Constables office is involved in
completing the eviction process.
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3 DAY NUSIANCE
- This is used when there is a lease violation of some type.
It may be that the tenant has unauthorized pets, or running
a business out of a residence, or conducting some type of illegal
activity. In any event, they have broken a material portion
of their lease agreement. This is three (3) calander days.
Assuming the tenant doe not respond to the notice, but continues
to reside in the property, then the next step is to file a 5
Day Unlawful Detainer. This is five (5) business days. At the
end of this period you would then file for a Summary Eviction.
The entire process usually takes about 15 days. If the tenant
does respond and contest the process, a hearing is set and a
court date is given. Everyone shows up in court, presents their
case, and the judge determines whether or not the tenant must
move and then how many days they will have to get out before
the judge forces them out. Assuming that the tenant does not
move on their own, then the Constables office is involved in
completing the eviction process.
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