When you’re renting someone else’s property and paying your rent as dutifully as possible, the last thing you’ll want is to receive a sudden notice of eviction. When your landlord or property manager is trying to evict you legally, your best course is to cooperate with them to move out amicably to avoid stressful and expensive situations. If you navigate your eviction well, you might even be able to move out before they file an eviction lawsuit. That means you won’t have an eviction on your eviction history report.
Still, getting evicted is a stressful process, and it can be challenging to negotiate with someone intent on making you move out of their property right away. Here’s what you need to know about the eviction process and what you can do when getting evicted:
What Happens in an Eviction?
An eviction is more than your landlord requesting you to move out of their property. It is an official lawsuit, often referred to as an unlawful detainer, that a landlord files with the local courthouse against their tenant. For a landlord to file an eviction lawsuit, they must abide by your state’s laws to ensure a proper legal eviction procedure. This protocol involves informing the tenant of a lease violation, providing them with an official notice to address this. If the offense remains, the landlord can pursue an eviction lawsuit.
Once they file an eviction lawsuit, the landlord and tenant will be assigned a court date. If the ruling is in favor of the landlord, the judge will issue a Writ of Possession or a document given by the court mandating the return of the rental property’s possession to the landlord. If the tenant has not moved out by the official eviction day, an authorized person, like a sheriff, will escort the tenant off the property.
What Are Your Rights as a Tenant?
Even though your landlord owns and governs the property you reside in, they should still respect your rights as a tenant. Harassment of tenants is illegal, and nearly every state has implemented a landlord-tenant law that prohibits several harmful or threatening behaviors. These include the landlord or property manager changing the locks, harassing or threatening the tenant, shutting off the utilities, or hiring a moving service to withdraw the tenant’s possessions.
According to the City of Las Vegas, Nevada, these are a tenant’s rights:
- You have the right not to be locked out of your unit without an eviction order being issued by a judge.
- You have the right to live in your unit without being harassed by your landlord.
- You have the right to live in a habitable unit with essential services.
- You have the right to dispute a trespassing citation.
- You have the right to negotiate rental payments if you cannot afford to pay in full.
- You have the right to contest an eviction notice.
- You have the right to seek legal assistance.
If your landlord has performed any of the behaviors, be sure to contact an eviction lawyer to guide you through the process and hold the landlord accountable for their actions.
What Should You Do When You’re Being Threatened With Eviction?
Landlords or property managers are not allowed to threaten tenants. If you violate your lease agreement, your landlord can inform you of the violation and remind you of the consequences, including eviction. However, they cannot threaten you with eviction. They must conduct all communication, especially those about lease violations, in a professional manner. It is ideal for these to be undertaken over trackable messages like email or even text.
While landlords can evict their tenants after a violation has remained unaddressed, they cannot use eviction as a threat. By understanding what the eviction process looks like and knowing your rights as a tenant, you can navigate eviction as smoothly as possible.
Rocket Eviction offers Nevada eviction services and more to landlords and property managers hoping to regain possession of their properties. We are the premier eviction specialist for some of the largest residential and commercial property managers. Contact us today to learn more about what we can do for you!