Can a Landlord Sue for Back Rent After Eviction?

Long story short is: If you evict a tenant because they won’t pay rent, you can use their security deposit to cover what they owe. However, if the deposit doesn’t cover the full amount of rent and late charges, you can sue the tenant for the outstanding balance. Let’s take a step back though, and discuss the process of evicting a tenant who doesn’t pay their rent on time, or at all in Las Vegas, NV.

How to Deal With a Tenant Who Is Behind on Rent

If you’ve tried a handful of times to collect late or unpaid rent and the tenant is being evasive or unresponsive, then you might need to start taking action against them, as uncomfortable as this may be.

The first step is to give the tenant a written eviction notice that states they are behind on the rent that’s stipulated in their lease agreement, and that they have a certain number of days to pay rent or move out. If they don’t pay rent or leave by the end of that period, then you can file an eviction lawsuit with your local Las Vegas, NV justice court.

If you win the case, the court will issue a “writ of possession” which orders the sheriff or constable to remove the tenant from the property. Once the tenant has been removed, you can begin trying to collect back rent from the tenant. If you’re unsure about going through the court process alone, rely on a local eviction service like Rocket Eviction to be with you every step of the way. Founded by a lawyer, the team at Rocket Eviction knows how to handle every eviction the right way, and they can help you recoup any losses and regain control of your rental property.

How to Collect Unpaid Rent

As we mentioned earlier, you can either keep their security deposit to cover any losses, or you can pursue a lawsuit against them if the security deposit doesn’t cover all of the missing rent. One way to do this is by filing a claim in small claims court. The tenant will then have to go to court and argue their case, which can be costly and time-consuming. If you are evicting and suing for collections at the same time, that would be considered the formal eviction process. If you go through the eviction process and then sue for back rent at a later date, then this would be more similar to going through the summary eviction process.

Alternatively, you could try to negotiate a payment plan with the tenant or hire a collection agency to recover the money on your behalf. In the end, it’s important to remember that evicting a tenant for not paying rent is not always easy, but it’s definitely worth pursuing if you’re owed money.

COVID-19 and the Eviction Process

The Coronavirus made lease agreements and lease violations a little hairy when it comes to rental payments. The federal government implemented emergency rental assistance programs for their citizens in Las Vegas, NV, and all across the country. What these emergency rental assistance programs say is that, basically, if a tenant fails to pay rent on time or in full, the government will help supplement their rent and reimburse landlords. This was meant to cut down on landlord-tenant disputes by assisting both parties.

So, whereas before it was considered a lease violation to stop paying rent, the waters got murky and landlords couldn’t necessarily go ahead and deliver an eviction notice right away. For the most part, things are back to normal, but there is no shortage of people pursuing an eviction lawsuit in justice court nowadays to collect back rent.

Set Things Right Through the Eviction Process

If you evict a tenant and they don’t pay any rent, you can use their security deposit to cover what they owe. However, if the deposit doesn’t cover the full amount of rent and late charges, you can sue your tenant for the outstanding balance. The best way to avoid this situation is to screen your tenants carefully and require them to have renter’s insurance. That way, if they do default on their rent, you’ll be covered.

If you have an unruly tenant that you need to pursue eviction against for violating their rental agreement or lease agreement, contact Rocket Eviction today. Their experienced and knowledgeable team of eviction experts will handle everything from serving eviction notices and filing court paperwork to representing you in court and getting the tenants removed. Whether it’s the summary eviction process or the formal eviction process that you’re pursuing, they can help you navigate Nevada law from start to finish.


Start Your Free Eviction Consultation

Don’t wait to send an eviction notice to your tenant. The problem will not go away on its own. The sooner you start the process, the sooner your tenant knows that you mean business.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.