An eviction notice is a written letter informing you to comply with your lease or rental agreement. If you fail to do so, you have to leave the premises or the property. Serving an eviction notice by a landlord gives him the option of filing an unlawful detainer in a court of law against the tenant if they fail to comply.
The type of eviction notice you serve your client depends on the lease or rental agreement terms. One of the most common eviction notices is for non-payment of rent by a tenant. It is primarily a three-day to pay or quit notice.
If the tenant fails to pay the rent within three days, the landlord has the option to file legal eviction proceedings in court on the fourth day (when it doesn’t fall on a holiday or a weekend).
Other types of eviction notices include:
- Pay rent or quit: this is usually a 3-day notice
- Cure or quit: this provides the tenant with time to ‘cure a particular habit or vacate. This habit creates disturbances that are not approved, e.g., keeping a pet, subletting, conducting illegal business, or being a nuisance to other tenants. The time given to rectify the condition is negotiable with the landlord.
- Unconditional quit: this type of notice is not attached to any conditions that allow the tenant to continue residing in the property.
- Termination of a tenancy at will
- Notice to vacate: this is usually a 30-day letter that gives the tenant 30 days to leave when the client has lived on the property for less than a year. In this case, the parties are free from any lease. In cases where the property has been occupied with a lease agreement, the tenant gets a 60-day vacating notice.
Eviction Notice Serving
Serving an eviction notice is landlord initiated when they wish to terminate a lease agreement with a tenant.
A notice to quit happens when the tenant has fallen behind on rent. It can also be because of a tenant’s damage or abuse of property. Another condition is the violation of the lease agreement terms by the tenant.
Serving of eviction notice is through:
- The landlord or his agent serves the client in person. It’s essential to have a witness present during service. The landlord can also post the notice at a conspicuous place near the rental unit, like pinning the note on the front door.
- Using a process server is when a landlord uses a professional service to notify the tenant. Rocket Eviction specializes in this kind of service.
- Giving an eviction notice through certified mail: This is usually done by mail, and the landlord remains with a receipt as evidence of the service. Upon service, the job of enforcement lies on local authorities.
- Notices to quit
Serving an Eviction Notice in Las Vegas, Nevada
In Las Vegas, you must serve an eviction notice to a tenant before removing them. If you refuse to use an eviction notice and decide to take the law into your own hands, a court can punish you if you;
- Lockout the tenant from accessing the property
- Remove the tenant through the use of force and intimidations or
- Terminate the services and utilities used by the tenant
Particulars of an Eviction Notice in Nevada
In Nevada, unless otherwise stated by a lease agreement, rent is always due by the first day of every month. When a client does not pay the rent on time, the landlord can give a written eviction notice detailing the below:
- Date of service
- Name and address of the tenant’s rental unit
- Reason for the eviction notice
- The time the client has to vacate the premises
- Notice of the means of serving the tenant
- Upon receiving an eviction notice, a tenant can respond by paying the rent that is due within the days given, in which case the landlord cannot go ahead with the eviction.
- The tenant can vacate the rental unit. In this case, if the tenant has not paid the amount due, the landlord can use the security deposit to cover any charges owed. If the deposit falls short of covering the costs, the landlord can sue the tenant for the remainder.
- If the client fails to move out within the time frame specified in the notice, the landlord can file an eviction lawsuit. If this is the course of action, the landlord must win the case to evict the client.
Legislation Barring Illegal Evictions in Nevada
The passing of legislation (AB 486) led to an end of the eviction moratorium. It aimed to reduce avoidable evictions by awarding landlords and tenants a benefit of 360 Million dollars in rental assistance. The legislation ensures that qualified tenants are not evicted from their homes as they await the processing of their applications for assistance.
You need to follow laid-down procedures when evicting a tenant as the landlord. For example, evicting the tenant without a court order is illegal if you decide to file a lawsuit. It’s referred to as self-help eviction in Las Vegas and the state of Nevada.
If you are unsure of evicting problematic tenants, get in touch with Rocket Evictions. We offer services such as preparing the eviction notice, preparing the evictions, lock changing services, and justice court appearance and representation.