The Nevada eviction laws are covered in chapter 118A and chapter 40 of the Nevada Revised Statues (NRS) which generally talks about landlord and tenants: dwellings and actions and proceedings in cases concerning property respectively. Under these chapters, you will find all the rules and regulations on landlords-tenants relationship. These includes the obligations of the landlord and the tenant, their respective rights, rental agreements, remedies and actions involving properties among several other things that involve the landlord and the tenant.
The eviction laws fall under the remedies section of chapter 118A while they are the general discussion in the whole of chapter 40. In this provision you will be told what type of actions warrant an eviction and which steps you should take as a landlord or a tenant prior to or after an eviction notice. You will also be directed on any defensive measures that you can take as a landlord or a tenant while facing the same.
Generally speaking, these are the first documents that you should look at before serving a notice as a landlord or acting to an eviction notice as a tenant.
Protection Against Bad Tenants
The eviction laws were made to protect the landlord from uncooperative tenants. An eviction is an expulsion from certain property and in that case it applies to the tenant only in reference to leasing of property. A tenant can choose to use either the summary or the formal eviction process. In some cases the landlord will be bound by the legal process on which procedure he/she will follow depending on the circumstances.
Each of these processes have their advantages and disadvantages. Because of its simplicity and timeliness, most landlords will go for the summary eviction process which is applicable to all evictions except eviction cases after a foreclosure or sell of the premises, eviction of commercial tenants on reasons other than nonpayment of rent and eviction of mobile home tenants who rent space. The formal eviction process is mostly preferred if you are seeking for some monetary compensation for some damage to the property.
Reasons to Start an Eviction
There are many circumstances that can lead to a tenant’s eviction. The first and the most common is default of rent payment. Las Vegas and all other towns under the state of Nevada share most of these laws and therefore the NRS van be quoted as the Las Vegas eviction laws. In this regard, the rules that deal with nonpayment of rent are NRS 40.2512 and NRS 118A.430. In both of these regulations, a landlord can initiate an eviction via an eviction notice if the tenant goes against the lease agreement by defaulting from paying rent.
Another action that can warrant an eviction is continued occupancy after the expiration of the lease term. This is well stipulated under NRS 40.250 which clearly states that a tenant can be served with an unlawful detainer if they continue occupying the property after expiry of their lease period. An unlawful detainer is a notice that is usually served to a tenant if their occupancy is considered illegal.
A tenant can be forced to vacate the premises if they go against the lease agreement. The lease agreement is the binding document between a landlord and a tenant. Just like any other agreement, any defaulting has consequences for any of the involved parties. One of these consequences for the tenant is eviction. Actions against defaulting of the lease agreement can be found under NRS 118A.430 and under NRS 40.2516.
Basically, all actions that warrant an eviction are actions against the lease agreement but these clauses cover those actions that have not been specifically mentioned elsewhere in the Nevada Revised Statues. This is because these agreements are usually different depending on the persons involved and therefore the NRS cannot cover every action, thus the generalization. Of course, the court will have to verify if the accusations against you are real before an eviction can be justified.
Eviction for Nuisance
Many people have never considered this but the state laws as well as the Clark County eviction laws allow for an eviction if the tenant is considered a nuisance to others. Nuisance can be defined differently in different regions and therefore there are very few examples of nuisance that have been given in NRS 40.140 but you can generally describe nuisance as any action that interferes with the rights of other tenants or other people living within the community.
This rule was made to ensure that people live in harmony with others and that at no time will you interfere with the rights of others as you are in the process of practicing yours. Although these are the most common reasons for eviction, there are several others which you can check out in the NRS.
The Timeline for the Eviction Process
The eviction process is a lengthy process on its own. There is no way a landlord will initiate an eviction process and manage to evict the tenant within a day or such a few days. To start with, the landlord will serve an eviction notice whose grace period will vary depending on the reasons for eviction and the circumstances surrounding it. So far the minimum period is three days while it can extend to 30 days like in the case of notice to evict without cause.
This period does not include an extension granted by the court if the tenant defends the eviction. If the tenant chooses not to obey the eviction notice the expiry of the grace period will be followed by a notice for unlawful detainer which will now be followed by a forceful eviction if the tenant does not come forth to defend themselves against the acquisitions tabled. The eviction is usually enforced by the sheriff.
It is also good to note that although the landlord has the right to evict you, they at no any time allowed to enforce the evictions themselves or force you through some other means like denying you your basic rights as per the lease agreement. Such actions are punishable by law. It is always good to know your rights both as a landlord as a tenant to avoid mistreatment.
