What are the steps for “summary eviction” of a tenant?
There are basically 6 steps to follow when choosing to begin “summary eviction” proceedings against a tenant:
1) All “summary eviction” proceedings begin with the service of a notice. Choosing the correct notice is the first step. Click here for a review of the more common “summary eviction” notices. Keep in mind when choosing a notice, that there are 2 protocols to consider: a) non-payment of rent or b) the alternative, lease violation(s)/nuisance.
2) Once the notice has been chosen, contact your LPS Eviction Specialist for assistance with preparation and service of the notice.
3) If applicable, preparation and service of the second notice, 5 Day Unlawful Detainer.
4) Upon expiration of the mandatory time allowed for the chosen notice and/or notices, landlord can choose to continue with document preparation and filing of the Complaint for Summary Eviction. Contact your LPS Eviction Specialist for assistance when ready to proceed.
5) Should the tenant contest, be aware that a hearing will be scheduled and must be attended by the landlord and/or the agent for landlord or legal representative. LPS staff cannot be a legal representative. See “What can a landlord expect after the service of a notice?” for details on how to proceed should a tenant contest and/or file a response.
6) Landlord and/or agent or legal representative must coordinate the lock-out with the Constable. The Constable will make phone contact with the responsible party to schedule date and time for the tenant “lock-out”.
WHAT IS LPS’ ROUTINE TURNAROUND FOR “SUMMARY EVICTIONS”?
LPS routine handling of all notice requests including service of process are completed within a 24 hour period. However, this is determinant on clients’ timely review and return of all prepared notices. Regarding lock out filings with the court and constable, clients can expect a routine window of 48hrs / 2 business days. LPS also offers a “rush” turn around. Additional fees will apply.
What can a landlord expect after the service of a notice?
It is important that landlord know that once the tenant has been served with the notice, they have the right to file an answer for the “summary eviction” with the appropriate Justice Court. Additionally, a tenant can also file for a stay once the actual Complaint for Summary Eviction has been filed with the court.
Should the tenant file an answer in opposition to the service of a notice, the landlord can expect notification of a court hearing. Prior to this hearing the Affidavit of Complaint for Summary Eviction must be filed with the court. It is important that the landlord or an agent for landlord or legal representative for the landlord be present at the hearing. A decision will be rendered by the court regarding the status of the Eviction at the hearing. It is important that the landlord or agent follow-up with LPS Eviction personnel regarding the decision that was rendered so that further steps can be taken as needed.
Illegal Lock Outs and Service Termination
Nevada Law prohibits landlords from changing a tenant’s locks at will and without a court order. Additionally, landlords cannot make living conditions unbearable for tenants in an effort to force a tenant from the leased property. NRS 118A.390.
What is included in the LPS service fee?
LPS Notice Fees:
LPS fee for document preparation and service of a notice are quoted upon request and based on the location of the leased property. Fees include: document preparation, service of process (within 24 hours of request), mailing, and a notarized Affidavit of Service. LPS offers expedited/rush handling for all requests. Additional fees will apply.
LPS Eviction/Lock-Out/Filing Fees:
LPS fees for eviction “lock-out” filings include: document Preparation of the Complaint for Summary Eviction and Order, and Instructions to the Constable, court filing fees, constable fees, court/constable runs. All eviction requests are filed in a timely manner and in the order in which they are received. Additional fees will incur for rush filing requests. Please allow 48 hours/2 business days to process your eviction documents. LPS offers expedited/rush handling for all requests. Additional fees will apply.
Does the Tenant have rights?
Yes, tenants have rights. When a notice is served, your tenant’s rights state that they can contest the notice with the justice court from the moment that they receive the notice. Their reasons can vary, but they must get their Tenant’s Response filed with the Justice Court of jurisdiction. If the Tenant’s Response is approved a hearing will be scheduled. Your tenant can also contest the 24 Hour Lock-out Notice, which is posted by the Constable. This notice is posted 24 hours before the Constable returns to the property to do the action “lock-out”/lock change.
What do I do with the Tenant’s Property that is left behind after an Eviction Lock-Out?
Landlord must store the tenant’s property for thirty (30) days. Tenant can make arrangements to remove their belongings with the Landlord during this time. The Landlord cannot charge back rent for storage; however, a “reasonable” storage fee can be assessed. Landlord must notify the tenant of their intentions to dispose of the property after 30 days. Notification must be made in writing and sent via certified mail by the fifteenth (15) day after the eviction “lock-out”. If you choose, you may contact a storage company to have tenant’s property inventoried and stored.
What if my Tenant moves out before the Lock-Out Stage of the Eviction?
It has been our experience that completing the Eviction process, including the “lock-out”, is best. A completed eviction filing provides court documentation to support the Landlord’s possession of the leased premises.
What if the Tenant pays and I need to cancel the Eviction?
If your tenant pays and/or you have reached an agreement with your tenant to let them stay, contact your LPS Eviction Specialist first to confirm status of your “summary eviction”. If all the “summary eviction” documentation has been filed and case is closed, then you must wait for the Constable/Deputy to call to schedule the “lock-out”. The Constable’s office cannot accept eviction cancellations via phone/fax. You must notify the Constable/Deputy when they call to schedule the “lock-out” that you are not proceeding and wish to cancel the eviction “lock-out”.
What if I prepared my own notice and request Legal Process Service to do the Eviction?
LPS will be happy to assist with the document preparation and filing of the Complaint for Summary Eviction subsequent to client’s own preparation and service of the “summary eviction” notice. However, LPS does not refund fees charged for eviction filings that are rejected by the court for reasons of faulty notices and/or service procedures of such notices.
What if the Property is in Foreclosure?
For eviction proceedings on Foreclosure properties, LPS recommends that all Landlords and/or
Agent for Landlord seek legal advice.
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