What are the grounds for summarily evicting a tenant?
- Nonpayment of rent
- Nuisance, waste, Assignment/subletting, unlawful business, or drug violation
- Lease violation
- No cause/tenancy is over
What charges may a Landlord evict for in a nonpayment of rent action?
means both rent, as that term is commonly understood and all reasonable late fees required by the rental agreement. (NRS 118A.150) A tenant may not be summarily evicted in a nonpayment of rent action for court costs, collections fees, attorney’s fees or other costs.
How may a Landlord serve an eviction notice?
- By delivering a copy to the tenant personally, in the presence of a witness;
- If the tenant is absent from the tenant’s place of residence or from the tenant’s usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the tenant’s place of residence or place of business; or
- If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated. (NRS 40.280(1))
Must a tenant vacate in response to a 5-day lease violation notice?
Not necessarily. The lease violation notice must inform the tenant to either remedy the lease violation or to leave if the violation is not, in fact, capable of being remedied. Within 5 days after the service, the tenant may remedy the violation and save the lease from forfeiture. (NRS 40.2516)
When may a Landlord use a "no cause" eviction notice?
After the lease or any lease renewal has expired, where there is no lease and rent is paid on a periodic basis.
How long must a Landlord keep a tenant's property after eviction?
A Landlord must safely store a tenant’s property for 30 days after the tenant’s abandonment or eviction. A Landlord may dispose of a tenant’s property after the 30 days has expired, and only after Landlord has made a good faith effort to notify tenant in writing of Landlord’s intention to dispose and fourteen (14) days has lapsed since such written notice. (NRS 118A.460(1))
What can a tenant do once an Eviction Notice has been served from the Landlord?
Upon receipt of an Eviction Notice, the tenant may, no later than noon of the fifth full judicial day following the day of service:
- Pay the rent demanded;
- File an Answer with the Justice Court that is referenced in the notice; or
- File a Motion to Stay in which you ask that the court delay the eviction for up to 10 days pursuant to NRS 70.010. Please note, you may file this Motion to Stay instead of filing an Answer or may file a Motion to Stay after the eviction order is entered.
When may a tenant file a Motion to Stay?
A tenant may file a motion to stay a summary eviction order pursuant to NRS 70.010 at any time after a notice for eviction is served upon the tenant. If such a motion is filed before the court issues the relevant summary eviction order, the court shall consider the motion and reflect in the summary order, the time and date to which, if the motion is granted, the order is stayed. (JCRCP 110) Tenant may not file a motion to stay if a hearing has already been held unless the tenant alleges compliance with any applicable court order, and only one motion to stay can be filed per case. (JCRLV 40(h))
How long can the court stay an eviction order?
Up to 10 days. (NRS 70.010)
What may a Tenant do who disagrees with an eviction order?
A tenant may file a Motion to Set Aside, a Motion to Stay, an Appeal, or for cases pending after October 1, 2017, a Motion to Seal.