Property managers need to have people renting out spaces in their property for income. However, there will also come a time when property managers will have to evict tenants. Although generally seen by law as plausible, the eviction must always be a last resort, and property managers must also be compassionate towards the soon-to-be-evicted tenants while maintaining the order.
There are many reasons why evictions happen. The most common cause is that the tenants are not paying rent, but there are other reasons in which the property manager is left with no choice but to evict tenants forcefully. These include lease violations, health and safety concerns, or other legal matters like a tenant subleasing the property.
Eviction is necessary if a tenant isn’t living up to standard, but it’s also vital to evict them with due process. In Nevada, property managers must have a concrete understanding of the Landlord-Tenant Laws. The reason for this is so that both parties will be protected from a legal standpoint.
How do you exactly evict a tenant? This article will tell you what you need to know. Read on below to learn more.
The Eviction Notice
An eviction notice is a letter from the property’s management that tells the tenants to fix a particular problem within a certain number of days.
If the tenant can comply, then chances are the eviction won’t come through. However, there are some times when property managers feel that the problem can’t be fixed, and the tenant won’t be able to follow the terms specified in an eviction notice. This is known as an incurable eviction notice, where the tenant has no choice but to vacate the property within a certain number of days.
Types of Eviction Notices
There are many different types of eviction notices. These are:
7 Day Pay-or-Quit
This notice is given to tenants who are unable to pay rent. The notice instructs tenants to pay rent or else risk getting evicted. Some property managers immediately send this notice the day after the supposed payment day if they haven’t received it yet. If there’s a grace period—say a week—the tenant has one week to pay the rent due.
The grace period does not count the day the rent was supposed to be paid. Additionally, it also doesn’t include Fridays, Saturdays, Sundays, and legal holidays. Once the tenant offers the total payment to the property manager, they have to accept. Aside from that, property managers can also make partial payments if it’s okay with them—but there also has to be a new notice served which states the remaining amount payable.
Eviction notices must also only be served by a sheriff or licensed process server. In other words, property managers or landlords can’t serve these notices by themselves.
3 Day Nuisance
This eviction notice is issued for tenants who become nuisances. They need to have something corrected that’s happening in the rental property. These issues are usually any of the following:
- Noise complaints
- Too much waste
- Unlawful business within the premises
If the tenant does not correct the issues, a 5-Day Notice to Quit for Unlawful Detainer must be issued as a follow-up. This notice informs the tenant to leave the premises if the 3 Day Nuisance notice is not followed.
30 Day No Cause
This notice informs the tenant to move out in 30 days. This can only be served by the end of a lease agreement or if there’s no lease from the very beginning. If the tenant does not leave in 30 days, a 5-Day Notice to Quit for Unlawful Detainer must be presented as a follow-up.
5 Day Tenancy-at-Will
This notice informs a tenant to move out in 5 days. This is only valid if the property manager permitted someone to stay at the rental property for an indefinite period without payment.
5 Day Lease Violation
This notice informs tenants to correct a lease violation within five days. The most common lease violation is subleasing, where a third-party occupant stays in the property instead of the actual tenant. If not followed, a 5 Day Notice to Quit for Unlawful Detainer must be issued.
Conclusion
You should evict a tenant with due process, as illegal eviction practices can get you sued—but upholding compassion should be just as vital. There are many types of notices, so it’s essential to learn what works best in any situation regarding tenant violations.
A rental property must not have any undesirable tenants in them, especially if it’s your only source of income. Eviction lawyers can help in this regard, and Rocket Eviction has the best in Las Vegas! We offer legal services for eviction in many types of rental properties such as residential, commercial, apartment complexes, and condominiums. Contact us today for a consultation!
