An eviction notice is a legal document that informs a tenant that they must leave the property by a certain date. If the tenant does not leave by the specified date, the landlord can file for an eviction order with the court. There are a variety of reasons a landlord might issue a notice to vacate, and there is a proper procedure for delivering and handling eviction notices. Read on to learn more.
Why Serve an Eviction Notice?
There are a few reasons why you might need to evict a tenant. The most common reason is not paying rent. If your tenant has failed to pay rent on time, you can serve them with a notice to vacate. Other grounds for eviction include:
- Breach of the rental agreement
- Damage to the property
- Illegal activity on the premises
- Disturbing other tenants
- The landlord wants to sell
There are several more instances that may warrant an eviction because they violate the lease agreement or local laws, but these are just some common scenarios.
Eviction Timeframes
The reason for the eviction will determine the timeframe given to your tenant to remedy or vacate the property. For example, when you deliver an eviction notice on the grounds of nonpayment of rent, the tenant may not actually have to be evicted if they deliver all of the missing rent to you before the eviction deadline arrives. On the other hand, if someone is dealing illegal drugs on your property, you can get them out of your property very quickly.
How to Serve an Eviction Notice
The first step in an eviction is serving the tenant with an eviction notice. This document must be properly formatted and delivered in order to be valid. Eviction notices give the tenant a specific amount days to vacate the premises depending on the violation, and these time frames may vary depending on your state’s laws. The notice should include:
- The date of eviction
- The reason for eviction
- The amount of rent owed, if any
- A notice to vacate the premises
Once the eviction notice has been served, the tenant will have a certain number of days to comply. According to Nevada revised statutes, if they do not remedy the situation or leave by the specified date, you can then file for an eviction order with your local court.
Hire an Eviction Services Firm
If you are not comfortable handling the eviction process on your own, you can always hire an eviction services firm. These firms will handle the entire eviction process for you so that you don’t have to. They also take the stress out of dealing with the justice court, judges, filing procedures, forceful tenant removal, and the whole formal eviction process. An eviction services firm will do literally everything for you from paperwork and serving eviction notices to providing legal representation and working with authorities to remove unwarranted tenants.
If you’re in the Las Vegas area, Rocket Eviction is your go-to local eviction services provider for any lease violation or for when your tenant fails to pay rent. They offer affordable, comprehensive eviction services to struggling landlords who just want their properties back. Rocket Eviction will deliver your eviction notices, provide representation in Clark County Court, help change the locks, and more. They’ll take you through the whole summary eviction process. Contact them today to inquire more about their services and to get a quote.
Filing for an Eviction Order
If the tenant does not leave by the date specified in the eviction notice, you will need to file for an eviction order with your local court. You will need to fill out and submit a few forms and pay a filing fee.
Tenant Appeals
If you’re a tenant who received a notice that you believe was wrongfully delivered to you, you can submit an appeals claim with your local court system as well. You’ll pay a filing fee for the appeal, and a judge will take a look at your case. You’ll likely have a hearing, and the judge will examine evidence and determine if the eviction was justified or not.
Eviction Mediation Program
Mediation is also an option for landlords and tenants with ongoing disputes. Mediation is often free, and it’s a much more low-key way to resolve landlord-tenant issues than going to court or going through an eviction lawsuit. If you’re trying to be civil and subtle, and you believe you just need a little help working out an issue with the rental agreement or rental situation, you might consider trying mediation over the court system.
The Eviction Hearing
At the eviction hearing, both you and the tenant will have a chance to present your case to the judge. The tenant will argue how they stayed within the bounds of the rental agreement, and the landlord will provide evidence to prove there was, in fact, a lease violation. The judge will then make a decision on whether or not to issue an eviction order. If they do issue an eviction order, the tenant will be given a specific amount of time to leave the premises.
Executing the Eviction Order
After the eviction lawsuit, if the tenant does not comply with the justice court decision, you can then contact your local sheriff’s office to have them removed from the property. The sheriff’s office will provide you with a date and time when they will come to remove the tenant from the premises. There are several instances where you have to provide a second five-day notice to quit to the tenant before getting the sheriff involved. Ask your local eviction services firm if this applies to your situation.
It is important to note that rental agreement rules and eviction laws vary from state to state, so it is important to familiarize yourself with the eviction laws in your state before proceeding with the formal eviction process.
Conclusion
If you are a landlord, it is important to understand the eviction process. If you need to evict a tenant, make sure you follow the correct procedure and file for an eviction order with your local court. If the tenant does not comply with the eviction order, you can contact your local sheriff’s office to have them removed from the property.
If you are hesitant to handle the eviction process yourself, contact your local eviction services firm, like Rocket Eviction, to handle the eviction for you from start to finish. That way, you won’t have to interact with the tenant directly, and you can have peace of mind knowing the process is being handled correctly and professionally.
