UNDERSTANDING THE EVICTION PROCESS IN THE STATE OF NEVADA
All evictions in the state of Nevada must start with a declaration by the landlord and/or their agent that the tenant is in default of their contractual obligation.
The landlord declares that the tenant is in default by "Serving" the tenant with a "Notice".
We have process servers to serve the notice to your tenants and thus, the statutary requirement of notice service is satisfied as mandated by Nevada Revised Statute. On more difficult cases or more difficult tenants, we enlist the assistance of the Clark County Constables office and have the deputy serve the notice.
A "Standard" eviction can take 10 days to over 180 days to complete depending on the type of notice served and the situation. A tenant can contest any step of the eviction process and slow down the eviction process. A court hearing is held if the tenant contest any process of the eviction process and the owner must attend the eviction hearing and address the judge of the Clark County Justice Court. We will inform and/or advise. NOTICESThere are several types of notices to choose from, you may not always be able to use the quickest notice available. Our property managers will advise you on the notice that applies to you and your situation.
NOTE: There are different notices served for manufactured homes and NON-manufactured homes. Also, notices for commercial tenants are different. In this website, we will only address Non-Manufactured Single Family Residential (SFR) homes evictions, including condo's, townhomes and apartments.
Eviction Notices served to Tenant (NON-Manufactured Homes)
1.) 5-day notice to pay or quit 2.) 3-Day nuisance notice 3.) 7-Day Notice (For weekly rentals) 4.) 30-day notice to vacate (can NOT be used when a lease is in effect)
5.) 5-Day Unlawful Detainer: This is the follow-up notice to the 3-day, 7-day, and 30-day notices.
NOTE: ALL DAYS MUST BE BUSINESS DAYS, and the day of serving does NOT count as a serving day. All notices are served the NEXT BUSINESS DAY. LOCKOUT SERVICE (24 hour lock-out notice)After the notices are served and satisfied AND there is no contestment from the tenant, a lockout is ordered by Justice Court. National Properties, Monarch Properties, and/or their representatives will meet the constable at the property to perform the lockout. A locksmith MUST be present at the property location to perform the lock change. National Properties and Monarch Properties can summon a locksmith to the property. A separate fee for the locksmith will be charged. JUSTICE COURTIf going to court is a requirement because the tenant contest the eviction OR other challenges that the tenant impose, We can go to court, however, it is highly recommended that the owner be present with us so that all questions asked by the judge to both the property manager and the owner can be answered. To not inconvenient the owner, We will advise the owner of the time and day of the hearing, the owner will only need to meet the property manager during that one time and appear in court. CANCELLING THE EVICTIONIt is highly suggested that the landlord proceed with the eviction process in it's entirety to avoid any future problems such as: Tenants moving back-in, or protest the eviction at a later date, or repeats the offense or violation that resulted with the eviction process to begin in the first place.
However, if the eviction is in regards to rent payment, you must make a reasonable effort to accept the payment. If the tenant offers you the FULL rental amount, you MUST ACCEPT. You do NOT have to accept a partial rental payment, however, if you should decide to accept partial payment, you can refile a new notice for the balance of money due. STORAGE OF TENANT'S BELONGINGSThe owner is liable for the tenant's belongings for 30 days from the day of the "LOCK-OUT". The owner may charge a reasonable storage fee, but cannot hold the tenants property for the rent that WAS due. If you choose, you may contact a storage company to have the tenant's property inventoried and stored. We will inform and advise accordingly in regard to storing the tenants property for the statutory requirement of 30 days. OTHER SERVICES THAT MAY BE PROVIDED 1.) Re-Leasing service 2.) Small Claim Court Assistance a.) Filing Assistance b.) Proper Procedure Counsel c.) Justice Court appearance 3.) Removal and Lock-out of the tenants 4.) Fair Housing Guidelines 5.) Background Checks and credit report checks 6.) Rental Applications OUR FEESLosing rental revenue due to dead beat, non-paying tenants can really hurt. We can eliminate your problem and the cost is usually equivalent to only one month's rent OR LESS. Monarch Properties and National Properties charges $350.00 for a "Standard Eviction" PLUS serving fees and court cost of $245.00 Total: $595.00
Justice Court Appearance by a Monarch Properties or National Properties licensed Agent / Property Manager: An additional $250.00 (If the tenant contest the eviction and a hearing is ordered by Justice Court)
If our attorney (Larry Hankins, ESQ) must be present at the hearing, an additional $250.00 applies.
Commercial Properties and/or government subsidized tenants (Sect 8, Social Services, etc.) may require additional charges. We will advise accordingly. ATTORNEY ASSISTANCE
LEGAL SERVICES* Provided by our in-house legal counsel: Larry Hankins, ESQ. Attorney at Law
* Separate Fee will apply and charged directly by the attorney for services.
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