LPS has been providing the cities of Las Vegas, Reno, Carson City, and surrounding townships with quality assistance of Summary Eviction services since 1982. Our trained staff is able to provide assistance in compliance with the “summary eviction” protocols which include drafting of notice, to service of process and the final step, lock out. When a client chooses LPS Eviction Service, they are choosing a timely and convenient service.
What to know
In Nevada, there are two processes a landlord has to choose from when evicting a tenant, 1) the “summary” eviction process; and 2) the “formal” eviction process. LPS staff is knowledgeable in providing assistance and guidance through the “summary” eviction process which is the most common and most frequently used procedure.
The “formal” eviction is a more complicated process. Landlords can choose to represent themselves in a “formal” eviction proceeding; however, it is highly recommended that they seek legal counsel for these types of filings. LPS does not offer assistance with “formal” eviction filings.
Summary Eviction Process
All eviction proceedings “must” begin with the service of a notice. After service of the notice, the tenant has a mandatory period of time to comply with the notice or file an answer/affidavit with the court to dispute the notice. If the tenant does not comply with the notice and/or file an answer, then the landlord can proceed to “lock-out.”
However, it is important to note that some types of notices require the service of second notice before proceeding to tenant “lock-out”. Eviction time frames vary and are dependent on the Justice Court and Constable scheduling. Refer to Types of Summary Eviction Notices for a description of notices as well as information on which notices require the service of a second notice before proceeding to “lock-out”. After reading the information provided below, if you are still unsure how to proceed, you may wish to contact an attorney for legal advice. LPS Eviction Specialists cannot provide legal advice. To further your knowledge and answer any questions regarding LPS assistance with “summary eviction” process, please see our FAQ’s and Flow Chart.
Types of Summary Eviction Notices
Summary eviction notices fall in two categories: 1) non-payment of rent; or 2) for reasons other than non-payment of rent. Below are descriptions of the more common types of notices utilized with “summary evictions”.
Notices For Non-Payment of Rent - It is important that landlords be knowledgeable of what constitutes “rent” and the fees that can be included in a Five-Day Notice to Pay Rent or Surrender Premises. In order to clarify this, it is important that the meaning of “rent” be defined:
Rent – refers to the money a tenant pays every period to live on the rental property
plus any late fees as stated in the lease agreement, NRS.118A.150. The amount
calculated as “rent” does not include court costs, collection fees, attorney’s fees,
returned check fees, unpaid security deposits, and such, NRS 40.253(9). Therefore,
a landlord cannot refuse rental payment because court costs, attorney’s fees and the
like are not being remitted.
Five (5) Day Notice to Pay Rent or Surrender Premises (5 Day Pay or Quit) NRS 40.253 –– If seeking a “summary eviction” for reason of non-payment of rent,NRS 40.253 dictates that a tenant be served with this notice also referred to as a “5 Day Pay or Quit Notice”.
There is “no grace period” on a 5 Day Pay or Quit; meaning that landlords can proceed with service of the 5 Day Pay or Quit Notice the day after the rent is due. However, if the particular lease and/or agreement between landlord and tenant allows for a grace period then the landlord must wait and cannot proceed until the time has passed. If a tenant does not file an answer and/or comply with the notice, the landlord can proceed to eviction/lock-out filing after the 5th judicial day (excluding service day, court holidays and weekends).
Notices for the Alternative: Violations of Lease Agreements/Nuisance
(These types of notices all require the service of 2nd Five Day Unlawful Detainer Notice)
Five Day Notice for Violation of Lease Agreement or Quit (NRS 40.2516) – This notice is chosen by landlords who wish to evict a tenant that has violated the lease agreement in a manner other than a nuisance.
This type of notice must advise the tenant of the violation and reference the portion of the lease that is being violated. If the tenant does not remedy the violation and/or move out then a 5 Day Unlawful Detainer Notice must be served before the landlord can proceed to “lock-out”. Landlord can proceed to eviction “lock-out” after the 5th judicial day of service of the 2nd required notice, The 5 Day Unlawful Detainer Notice (excluding service day, court holidays and weekends).
Three (3) Day Notice to Quit For Nuisance, Waste, Assignment/Subletting, Unlawful Business, or Drug Violation – This notice is used for a reason other than non-payment of rent. Nevada law (NRS 40.2514) allows a landlord to serve/have served a 3 Day Notice to a tenant for reasons of nuisance. Notice for reasons considered to be a nuisance, require a written reason and/or description of the alleged nuisance.
This notice has nothing to do with rent monies. Tenants have 3 working days to fix the problem. In the event the tenant does not comply and/or file an answer then a second notice must be
served before landlord can proceed to “lock-out”, 5 Day Unlawful Detainer Notice, NRS 40.254. Landlord can proceed to eviction “lock-out” after the 5th judicial day of service of the 5 Day Unlawful Detainer Notice (excluding service day, court holidays and weekends).
Important to note is definition of court accepted reasons for “nuisance” - A "nuisance" is "conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures." NRS 40.2514(4). Some of the more common reasons/examples for alleged nuisance are:
1) Causing waste and/or damage to the rental property;
2) Unlawful business activity;
3) Improper assignment/subletting of the premises; and
4) Illegal drug use (NRS 453.011-552; excluding NRS 453.336).
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Thirty (30) Day Notice to Surrender Premises- This type of notice is used to evict a tenant by landlord who desires the leased property back for any reason. This notice pertains to tenants who do not have a lease as well as tenants still living on the property after the lease has expired. Important: This notice cannot be served if the lease agreement is still in effect.
If a tenant does not comply with the notice and/or file an answer, a 5 Day Unlawful Detainer Notice must be served before a landlord can proceed to “lock-out”. Landlord can proceed to eviction “lock-out” after the 5th judicial day of service of the 5 Day Unlawful Detainer Notice (excluding service day, court holidays and weekends).
Five (5) Day Unlawful Detainer Notice – This is a mandatory 2nd notice that must be served under Summary Eviction protocols when evicting a tenant for a reason other than non-payment of rent. The Five (5) Day Unlawful Detainer Notice is to notify the tenant(s) that are in violation of the first notice served to them and the Eviction will be the next step if they do not comply.
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