There are two ways to initiate an eviction action in Nevada: (1) filing and serving a formal, civil eviction known as an unlawful detainer action, and (2) using the summary eviction procedures authorized by Nevada law. This post provides an overview of the summary eviction process in Nevada.
What Is Summary Eviction?
Summary eviction is a streamlined process to obtain an eviction in Nevada. It may be used when possession of the rental unit is the only issue to be adjudicated by the court. The landlord cannot seek monetary damages in a summary eviction proceeding. Additionally, the summary eviction process does not afford litigants a right to a trial.
Most evictions in Nevada are summary evictions. Some evictions, however, cannot utilize the summary eviction process. These include owners of mobile homes living in mobile home parks and new owners evicting after a sale or foreclosure.
Service of The Initial Notice
Before initiating a summary eviction in court, the landlord must legally terminate the tenancy with service of an initial notice. There are multiple types of initial notices that can be used to terminate the tenancy, depending on the type of tenancy and the grounds for the termination of the tenancy. The landlord must properly serve the tenant with a termination notice that is in strict compliance with the particular statute relating to the type of termination.
In the case of non-payment of rent, the tenant is considered to be in default and subject to an unlawful detainer action as soon as the rent is past due. He or she may initiate a summary eviction at any time thereafter by properly serving a Five-Day Notice discussed below.
The 5 Day Unlawful Detainer Notice
Once a tenancy has been legally terminated, the landlord can allege that the tenant is guilty of an unlawful detainer if the tenant still remains in possession of the property. Unlawful detainer essentially means that tenant is not legally entitled to possession of the subject property. At that point the landlord may initiate a summary eviction action against the tenant.
To start a summary eviction, the landlord must properly serve the correct Five Day Notice of Unlawful Detainer upon the tenant. All Five-Day Notices of Unlawful Detainer, whether for non-payment of rent or for other issues, must also advise the tenant of the court that has jurisdiction over the matter. Additionally, all Five-Day Notices of Unlawful Detainer must inform the tenant that he or she may contest the eviction action by filing a Tenant’s Affidavit/Declaration with the court. In the case of a Five-Day Notice of Unlawful Detainer for Non-Payment of Rent, the written notice must also advise the tenant that he or she 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 affidavit/declaration is filed, the tenant can ask the court to delay the eviction for up to 10 days. If the tenant does not file an affidavit and does not move, then the landlord can get an eviction order from the judge at the end of the 5 days without any further notice to the tenant. The constable or sheriff will then serve the eviction order to you and lock the tenant out within 2-3 days after service of the Lockout Order.
Procedure After a Change of Ownership
The procedure is different after a change of ownership of the dwelling. If the landlord sold the unit, then the new owner must honor any lease in effect and the previous owner must transfer the tenant’s security deposit to the new owner. If the unit is in a complex with 5 units or more, the new owner must provide a 3-day eviction notice. After the 3 days, the new owner must serve a summons and complaint for unlawful detainer. The tenant can answer the complaint and appear at the hearing, but will not have a legal defense if the new owner follows this procedure.
If the previous landlord lost the unit in foreclosure, the tenant must be served with a 3 day notice if the complex where the unit is located has 5 or more units. If the complex has fewer than 5 units, the new owner must serve a 60 day notice. After the notice expires, the new owner must serve a summons and complaint for unlawful detainer. The new owner cannot use the summary eviction process to evict the tenant.
Summary Eviction Versus Unlawful Detainer
Unlike a summary eviction, the summons and complaint procedure (unlawful detainer) must be used to initiate an eviction action against tenants in mobile home parks, after sale of the dwelling, and may be used for other tenancies. It allows the landlord to seek a Temporary Writ of Restitution in addition to the eviction itself and also allows the landlord to seek damages. The tenant may file both an answer and counterclaim and likewise seek damages.
If the summons and complaint procedure is used and the tenant answers the complaint, the court will hold a trial to resolve the case. This process can take 3 or more weeks to run its course.
Please contact Lynx Legal Service with any questions regarding the above issues or if you would like to start an eviction case. We can be reached at 888-441-2355 or email@example.com. Our experienced legal document preparers are standing by to assist in any way we can.