Nevada’s summary eviction process for non-payment of rent cases provides an expedited procedure for landlords seeking to regain possession of their property. Here is an overview of that process.
What is a Summary Eviction?
Summary eviction is a streamlined eviction process which requiring the tenant to file an Affidavit in court to contest an eviction before the landlord files anything with the court. Eviction notices do not need to be filed with a court to be valid. The tenant has the designated time in the notice to comply, move out or file a Tenant’s Affidavit to contest the eviction. The summary eviction process for non-payment of rent is detailed in Nevada Revised Statutes 40.253.
Summary eviction may be used when the only issue to be adjudicated by the court is possession of the rental unit. The procedure does not allow the landlord to seek damages. Additionally, the summary eviction process only provides for a court hearing as opposed to a full blown trial of the issues presented.
Most evictions in Nevada are summary evictions. Some evictions cannot utilize this summary eviction process, including owners of mobile homes located in mobile home parks and owners seeking to evict an occupant after a sale or foreclosure.
The Initial Eviction Notice
For summary evictions based on non-payment of rent, the first step in the process is to serve the tenant with a 7 Day Notice to Pay Rent or Quit after the rent becomes due. The eviction cannot proceed without completing this first step. This 7-day notice to pay rent means a tenant is required to either pay rent or leave the premises within 7 days. In the case of non-payment of rent, the tenant is considered to be in unlawful detainer once the rent is past due.
To start a summary eviction, the landlord must properly serve the Seven Day Notice upon the tenant. The three methods of legal service are listed in NRS 40.280(3) and are: (1) personal service, (2) by leaving a copy of the notice with a person of suitable age and discretion (followed by a mail copy to the tenant) and (3) by posting a copy of the notice in a conspicuous place on the leased property (followed by a mail copy to the tenant).
Tenant Affidavit
The tenant may contest the eviction action by filing a Tenant’s Affidavit/Declaration with the court within the prescribed seven day period andserving it on the landlord. The tenant must state in the Tenant’s Affidavit/Declaration that he or she has tendered rent or is not in default in the payment of rent. If the tenant timely files his or her Tenant’s Affidavit/Declaration with the court, a hearing will be set and the court will adjudicate the matter at the hearing.
Application for Lockout Order
If the tenant does not file a Tenant’s Affidavit/Declaration, the landlord may then apply for an eviction order by filing a Landlord’s Affidavit/Declaration for Summary Eviction. The contents of the Landlord’s Affidavit/Declaration must conform to NRS 40.253(5)(a) for a non-payment of rent summary eviction. The court then issues an order without a hearing for removal of the tenant by the sheriff or constable within 24 to 36 hours, or an order allowing the landlord to “nonadmit” the tenant (e.g. by changing the locks.)
Please contact Lynx Legal at 888-441-2355 or [email protected] with any questions regarding the above, or if you are ready to start a case. Our experienced professionals are standing by to assist in any way we can.