This article explains the legal procedures used by tenants to contest an eviction order entered by the trial judge.  In short, once a landlord has been awarded a judgment, the tenant can remain in the rental unit by filing a motion to “stay” (i.e. delay) execution of the order, or a motion to vacate the judgment combined with a motion to stay.  The tenant may also request a stay pending an appeal of the eviction order if a bond is posted as part of the appeal.

Motion to Stay Eviction Order

A tenant may file a motion to stay a summary eviction order any time after entry of the order.  The filing of the motion stops the eviction proceeding until the judge reviews and rules on the request.  The court will either deny the request and allow the eviction to go forward or grant the motion to stay and allow the tenant additional time to move.  The court may also set a hearing on the motion, requiring the appearance of both parties.    

Nevada’s revised statutes give the judge discretion to grant the tenant up to 10 additional days to move. (NRS 70.010(2).) In the Las Vegas Justice Court, only one motion to stay may be filed in any case. (Justice Court Rules Las Vegas 11(l).)

Motion to Set Aside Eviction Order Combined with Motion to Stay

The tenant may also file a motion to set aside (or cancel) the eviction order combined with a motion to stay.  This motion asserts that there are legal reasons why the order should not have been entered. These reasons include:

•             Improper or invalid service of the eviction notice(s)

•             Excusable neglect by the tenant

•             Fraud, misrepresentation or other misconduct of an adverse party

•             Mistake, inadvertence, surprise

•             Newly discovered evidence

•         The judgment is void.

Unless and until the judge grants the motion and sets the eviction order aside, the eviction order is valid and enforceable (unless the court orders otherwise). The tenant can file a motion to stay, discussed above, to request that the eviction be delayed (up to ten days), but any delay is at the court’s discretion.

If the tenant’s motion to set aside is denied, the tenant can appeal the summary eviction order to the district court.  If the motion is granted the court will set aside the eviction order and either enter judgment for the tenant or order that further proceedings be held to resolve outstanding issues. 

Appeal of the Eviction Order

Either party may appeal from an order for eviction by filing a Notice of Appeal within 10 judicial days from the date that the order or judgment is entered.  If a stay pending appeal is requested the appellant must post a bond with the court.

A tenant seeking to stop the eviction pending an appeal must file the above documents before being removed from the rental unit. Tenants are responsible for continuing to pay rent pending the outcome of the appeal.  If they fail to do so, the landlord can initiate a new eviction action by serving the tenant with a new Five-Day Notice to Pay Rent or Quit.  (NRS 40.385(2).)

Please contact Lynx Legal with any questions regarding the above or if you are ready to start your eviction case.  We can be reached at 888-441-2355 or info@lynxlegal.com.  You can also schedule a telephonic consultation on our website to discuss your eviction issues.  Our experienced professionals are standing by to assist in any way we can.