Property managers need to have people renting out vacant spaces in their property for income. However, there will also come a time when they will have to evict tenants. While the law permits this, an eviction must only be a last resort. Aside from that, property managers must still show compassion towards the tenants that are about to be evicted.
Eviction has due process, and it must be followed. In a populated place like Las Vegas, landlords might have a few questions regarding how evictions work. It’s also essential to nore that laws keep changing, and it’s easy to make mistakes.
To help answer any questions you might have, read our curated FAQs below:
What Are the Grounds for Evicting a Tenant?
The primary reason evictions happen is that tenants are not paying rent, but there are other reasons. These include health and safety concerns or a different legal matter such as subleasing the space. Subleasing involves the tenant allowing a third party to occupy the space.
As for other lease violations, an example is if a tenant has a pet in the rental property despite the lease agreement having a no pets policy.
How Do You Serve an Eviction Notice?
Part of an eviction’s due process is serving a notice in the beginning. Depending on what the tenant has done, different notices are to be issued. It’s also important to note that landlords can no longer serve eviction notices themselves after the NV Senate Bill 151 was passed and effected on July 1st, 2019.
According to the bill, landlords must have a licensed Las Vegas process server who will notify the tenant. Aside from a licensed process server, the only people who can serve eviction notices are lawyers, sheriffs, or constables.
Can I Lock a Tenant Out during the Eviction Process?
No, you can’t do this. You might think that it helps speed up the process, but it’s far from the truth. Changing the locks without informing a tenant and restricting access to the property for them is illegal. Due process has to be followed, and the landlord will face legal consequences if this is done.
How Long Does the Eviction Process Take?
How long the eviction process takes depends entirely on the type of notice served to the tenant. Most notices give the tenant time to correct their violation. One such example is when a tenant is given seven days to pay their rent. If the tenant can pay within the remaining seven days, then the tenant may stay. If not, then they must vacate the property.
What Can a Tenant Do after Being Served an Eviction Notice?
After a tenant is served with an eviction notice, they have four options:
- Pay the rent, or do whatever’s necessary to correct the action stated in the notice.
- Vacate the property.
- File an Answer with the Justice Court (as referenced in the notice).
- File a motion.
A tenant can only file an Answer or Motion after the notice has been served to them.
What’s a Motion?
A motion is like a request for a judge to decide regarding the eviction case. A tenant can file two motions: a Motion to Stay and a Motion to Set Aside.
If a tenant files a Motion to Stay, the court might delay the eviction for at least ten days. This gives the tenant a chance to find another place to stay before vacating the property. It’s also possible that a hearing might be set during this time.
On the other hand, a Motion to Set Aside is filed if a tenant has a legal reason for not being evicted. Legal mistakes can prevent eviction from happening, which is why due process must be followed.
How Long Can a Landlord Keep a Tenant’s Property?
The law requires a landlord to store a tenant’s belongings in their rental property for 30 days after the eviction. If the landlord plans to dispose of the tenant’s belongings, they must contact the ex-tenant to inform them.
If there is no response after 14 days, the tenant has a legal right to do so. Additionally, the NV SB151 also requires the landlord to give the tenant five days to retrieve their belongings after the eviction.
To help with the eviction process, a landlord can go to an eviction services company. They help landlords navigate through an eviction process in the best way possible. If you’re evicting a tenant, make sure to show them compassion no matter how much they’ve wronged you and your terms for the rent.
Rocket Eviction has knowledgeable professionals that provide quality services for eviction in Las Vegas. Your rental property is an investment, which is why we take it upon ourselves to make your business lucrative and successful. Contact us today to learn more!