A tenant eviction may be necessary for some circumstances. When it comes to evicting tenants, Las Vegas landlords can use a tenant eviction called a “nuisance notice” when their tenant is violating the terms of their lease or rental contract, which includes activities that can become disruptive for other tenants. Today, we will discuss the circumstances that constitute the use of a 3-day nuisance eviction notice, and the process for serving and enforcing the notice.
Defining “Nuisance” Before Evicting Tenants
“Nuisance” means something that causes inconvenience, damage, annoyance, or trouble; especially an unpleasant or troublesome person. A tenant’s activity constitutes nuisance behavior when it violates state laws that prohibit activities that disturb other tenants’ peace and quiet.
If you have a tenant who’s threatening your reputation by causing a nuisance in the neighborhood where your rental property is located, contact an eviction services firm to evict them as soon as possible. Local Las Vegas eviction services provider Rocket Eviction is here to help. They have years of experience removing unruly and unlawful renters from landlords’ properties, and they can help you too. Visit their website today to learn more.
Subletting Without Permission
If a tenant is subletting their rental unit without permission, then this tenant has breached their rental contract (the tenant/landlord agreement) and the landlord can use a 3-day nuisance eviction notice. To evict for “subletting without permission,” the tenant must be in breach of the tenant/landlord agreement. The tenant’s action becomes disruptive when they decide to rent or offer another person space in their living quarters (i.e. breaking down walls to create an additional bedroom).
Conducting an Unlawful Business
If the tenant is conducting an unlawful business within the tenant’s rental unit, then the tenant has breached their tenant/landlord agreement. The tenant’s action becomes disruptive when it causes damage or harm to other tenants’ peace and quiet. An example of this kind of tenant eviction would be if a tenant begins selling drugs out of her apartment under the radar, which becomes known in the tenant community.
If you’re a tenant and you feel you have been wrongly accused of conducting an unlawful business out of your landlord’s property, visit your local legal aid center or the Las Vegas Civil Law Self Help Center to learn more, or for guidance in filing an eviction lawsuit. A local legal aid center and Civil Law Self Help Center will have plenty of resources for you to lean on, and they can hopefully guide you in the right direction.
Permitting or Committing Waste
If the tenant is permitting waste to accumulate on the premises, then this tenant has breached their tenant/landlord agreement. The tenant’s action becomes disruptive when it causes damage or harm to other tenants’ peace and quiet. An example of evicting a tenant for “permitting waste” would be if a tenant began storing more than twice the amount of trash than what is allowed by local laws in his apartment, creating an eyesore for other tenants.
Other Types of Nuisance Activities
There are many actions that can constitute nuisance behavior under state law. Some examples include performing illegal activities (e.g., assault, drug dealing), causing physical damage (e.g., firing gunshots), unreasonably disturbing others (e.g., loud music late into the night, engaging in other offensive conduct), and disregarding tenant rules (e.g., tenant association rules).
In those states where a tenant eviction is allowed to serve as a tenant’s 3-day notice, the tenant eviction must describe the tenant activity that constitutes nuisance behavior so that it can be remedied by removing or stopping the offending tenant action. If it’s an issue that they just won’t pay rent, that’s something different from a nuisance, and the eviction process and eviction notices look different for that scenario.
5-Day Notice to Quit for Unlawful Detainer Eviction Notice
Nevada Revised Statutes state that, if a tenant fails to comply with the 3-day eviction notice you send them, you can file a 5-day Notice to Quit for Unlawful Detainer. “Unlawful detainer” means that the tenant has committed or is committing an act that amounts to a substantial violation of their tenant/landlord agreement, and they are now occupying your property illegally. Also, no federal eviction moratorium can prevent a tenant from being evicted for unlawful behavior.
It doesn’t matter if the tenant pays rent weekly, or is paying rent on a monthly basis. Under civil law, you have the right as a landlord to file for unlawful detainer if your tenant refuses to leave after a 3-day notice is given. And, there is no exception where, if the tenant requests to stay longer because they are over 60 years old and they provide documentation proving tenant’s age, they can remain in the property. It doesn’t apply here because they are conducting specific illicit activities.
If the Tenant Ignores Your Eviction Notices
If your tenant won’t adhere to the eviction process, and they remain on the property, you may have to file for a summary eviction with the justice court. The formal eviction process is not to be taken lightly, and a summary eviction is basically a short Clark County court legal proceeding that’s not as lengthy as a full-blown eviction lawsuit. Both the landlord and the tenant will likely want representation. If you’re a landlord, you can hire eviction services or an attorney. If you’re a tenant you can rely on the Civil Law Self Help Center or you can also get an attorney.
Expel Illicit Behavior From Your Property Right Away!
As soon as your tenant commits an act that you believe qualifies as nuisance behavior, send them a 3-day notice to stop the tenant eviction. If they continue their offensive behavior after receiving the 3-day eviction notice, file for an unlawful detainer with the court. Once the tenant is served with this 5-day notice, they have five days to stop the tenant eviction before a tenant is evicted from their home. If they still stay after that, you may have to file an eviction lawsuit or file for the summary eviction process to take place.
If you need assistance with a potentially tricky or high-stakes tenant eviction, lean on eviction services to help. They do everything from filling out paperwork and delivering eviction notices to representing you in justice court and changing your locks. Chances are your tenant is not the most predictable or trustworthy person if you are considering serving them a 3-day eviction notice for destroying your property or doing illicit activities on the premises. It’s understandable if you don’t want to mess around with that. Hire an experienced firm like Rocket Eviction to handle the process professionally and efficiently. Contact them today!
