So, your tenant is a month-to-month tenant and you wish to evict them from your property. If your tenant has been following this type of lease agreement, then they are required to receive a 30-day notice before eviction proceedings can begin. If the tenant decides not to leave or pay up within the given time frame, you will need to file an eviction complaint with the court so that it may be taken care of by legal means. Let’s talk more about delivering an eviction notice, and the subsequent eviction process.
Notifying Your Tenant of Eviction
Before you evict a tenant, they must first receive some kind of notification that eviction proceedings will be taking place. According to NRS 40:4810, your tenant should receive some kind of written notice before the eviction process begins. This can be delivered in hand or mailed with some sort of proof of delivery (i.e. certified mail).
If the written eviction notices are being personally handed to the tenant, then this step is complete once they have acknowledged it by signing their name upon receiving it. If your tenant refuses to sign for it when given via certified mail, then you may need to file an affidavit with the court stating how the notice was delivered even if no one signed for it.
30-Day Eviction Notices
According to Nevada revised statutes, a 30-day eviction notice is the standard length of time to start the formal eviction process, but this can be altered depending on circumstances. A 60 day written notice will need to be given if the tenant is over 60 years old or has a mental or physical disability. However, the tenant must file a written notice asking for the additional 30 days to be granted to them.
Generally though, if your tenant is renting from you on a month-to-month basis, you must give them a 30-day written eviction notice, so they have plenty of time to seek new housing and get their affairs and belongings in order.
What if Your Tenant Refuses to Leave?
If your tenant decides not to leave the property after you have delivered a written notice for them, then they are officially considered trespassing on your property. As such, you will need to file an eviction complaint with the courts in Las Vegas and go through the legal proceedings of evicting a tenant.
If you do decide to wait until the end of their 30-day term, but they still refuse to vacate, then that is called “holding over.” This is considered a separate violation from trespassing because it means that they have agreed to vacate but decided not to. If this is your situation, you may need to seek legal assistance for justice court proceedings and to file for the summary eviction process.
Does Your Tenant Need to Give You Notice?
If the roles are reversed, and you have a tenant who wants to vacate the property at some point when you aren’t expecting them to, they also need to give you a 30-day written notice of their intent to leave. They must do this so you have time to find a new renter for your rental property. Tenants can lean on the Civil Law Self-Help Center or a local legal aid center for assistance notifying you, the landlord, of their intentions to leave.
With the end of the recent federal eviction moratorium, federally funded rental assistance has gone down, and more and more tenants are looking for affordable housing. Others are still refusing to pay rent, in which case, both the landlord and the tenant suffer because of more landlord-tenant disputes. This is also resulting in more unlawful eviction cases being filed with the Regional Justice Center in the Clark County court system.
How Should You Handle the Eviction Process?
If you’re intent on handling the eviction process on your own, you can access free online eviction forms through a simple Google search, and then fill them out and deliver them to the tenant yourself. Just make sure you read up on your local laws first, so you know what forms to fill out, how and when to deliver them, and the subsequent steps after delivering the notice. Processing an eviction, especially if things turn sour between you and the tenant, can be a bumpy ride. Prepare for the worst and hope for the best.
If you’re unsure about how to handle the eviction process, or if it seems too overwhelming, consider hiring an eviction services company to handle the eviction process for you. Rocket Eviction, a local Las Vegas eviction firm, has years of experience guiding landlords through the murky eviction waters. They are licensed process servers who can deliver your eviction notices, file paperwork, provide representation for court proceedings, work with local authorities to remove difficult renters, and change the locks on your property if necessary.
When It Comes Down to It…
There are clear, actionable steps you can take to evict a tenant from your property, whatever the reason for the eviction might be. Just remember, it always starts with a notice. You must provide your tenant with adequate written notice that you are terminating their lease. In the case of a month-to-month renter, you must allow them 30 days to vacate the property. If they are 60 years or older, or if they have a physical or mental disability, they may petition to stay in the property for an additional 30 days.
You can find free eviction forms online, but you must be careful about the forms you choose, and you must be aware of all the steps of the process before you begin evicting someone. You get one shot to get the Las Vegas tenant eviction process right, or you might end up the defendant of an unlawful eviction suit at the Regional Justice Center or in Clark Couty Justice Court. If you need assistance evicting a tenant, or if you want to make sure it gets done right the first time, contact an eviction services firm today, like Las Vegas’ Rocket Eviction. They will take you through the process from start to finish, and ensure you get your property back safely and smoothly.