Tenant Eviction Process
While being as understanding and compassionate of a renter’s circumstances, evicting a tenant from a rental property is a distasteful, but often necessary part of the Las Vegas property manager’s responsibilities if so designated by the landlord.
The most common reason a landlord or property manager would have to follow through with an eviction is due to non-payment of rent.
However, there are many scenarios where a property manager or landlord is forced into taking the final action of evicting a tenant.
Violation of the lease, health and safety concerns or legal matters are other issues that can lead to a tenant eviction.
For example, repeated complaints of loud or drunken behavior that is disruptive to the peace and tranquility of the other tenants or neighbors may lead to an eviction.
Either way, it is essential that the property manager has a firm understanding of the Nevada Landlord / Tenant Eviction Laws in order to protect the rights of all parties involved, especially in dealing with lease agreements that pertain to government-subsidized housing.
Nevada law is quite specific as to the processes and procedures required to lawfully evict a tenant.
For instance, Nevada tenant eviction laws require specific advance notices to advise the tenant that they are in violation of their lease, and to specify the violation.
Examples Of Eviction Notices:
- Five Day Pay or Quit:
This notice advises the tenant that rent is past due and is not sent until after any allowed grace period for rental payments has passed.
The five day notice period does not count the day of service, and the landlord must accept if the tenant offers a full and immediate payment of the past due amount.
Partial payments can be accepted only if the landlord so chooses. In such cases, the landlord can issue a new notice for the balance owed.
- Three Day Nuisance Notice:
This notice advises the tenant that he or she is in violation of one or more of the lease requirements and restrictions, and must correct the problem immediately or be subject to eviction procedures commencing on the fourth day after receiving the notice.
The notice does not involve rent payments, and the violation or violations must be clearly specified in the notice.
There are various other types of notices and follow-ups to these notices that the landlord, landlord’s attorney and the property manager must be fully versed in, not only for the purpose of avoiding eviction law violations, but also to deal with any issues that may evolve in the event a tenant files an unlawful eviction lawsuit against the landlord.
Additionally, there are notices, issues and procedures that apply separately to manufactured and non-manufactured homes.
Specifically, there are notices that apply to manufactured homes, such as change in land use for example, that obviously does not apply to non-manufactured residences.
In the event a tenant leaves behind any personal belongings after eviction, the tenant lawfully has thirty days to reclaim the property.
The landlord has the option of charging a reasonable storage fee based upon the amount of time the belongings have been kept, or the belongings can be turned over to a storage company, and the tenant can reclaim their property from them.
Under no circumstances, in accordance with Nevada tenant laws, can the evicted tenant’s property be held as “ransom” for past due rents.
Related Links / Resources:
- Protecting Tenants At Foreclosure Act
- Clark County Tenant / Landlord Laws
- Clark County – Overview Of Eviction Process
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