Evictions can be a stressful as well as a bit of a lengthy process, involving the coordination of paperwork filing, making trips to the Constable’s office and justice courts, and finding a reputable locksmith to carry out the locks changeover. We here at MX Locksmith would like to help, by giving a quick breakdown of the eviction process!
Once you decide to begin the eviction process, the first step is issuing a legal notice to the tenant or occupant that you are planning to evict; choosing the correct notice is key here, as it depends on your individual circumstances. Please be advised that the Constable’s office cannot give you legal advice or complete your paperwork for you. Also, the days listed for each notice are business days, not calendar days.
Regarding eviction process notices, from the Constable, Las Vegas Township:
“All evictions must begin with a NOTICE. There are several types of notices to choose from. You may not always be able to use the quickest notice available. You must choose one that applies to your specific situation. There are separate notices and processes for manufactured homes and non-manufactured homes. An eviction may cost $200 or more from start to finish, depending on the circumstances. Evictions may take anywhere from 10 to 180 days, depending on the circumstances of the case. You may post your own notice or you may use the Constable’s Office to do so.” (Source: clarkcountynv.gov)
Here are the types of notices that can be issued to begin the Las Vegas eviction process:
- ‘5 Day Notice To Pay Or Quit‘: Basically a 5 day notice to the tenant to pay rent or quit (vacate) the rental property. After serving this notice, the landlord cannot refuse to accept the tenant’s payment of rent, including any late fees (though, this cannot include any administration fees or collections/ notices costs).
- ‘Tenancy-At-Will Notices‘: This is a 5 day notice, but is to be used only if the tenant occupies the premises by consent of the landlord, for an undefined amount of time and with no rent paid or reserved; an example of this would be a situation where a landlord hosts a guest without terms for paying rent, where the landlord can ask the tenant to leave at any time or visa-versa.
- ‘No Cause Notices‘: This 30-day notice (or 7-day if the tenant pays on a weekly basis) can only be issued by the landlord once a tenant’s lease has expired or if there is no lease agreement to begin with; the key point here is that rent has to be a paid agreement; if not, see ‘Tenancy-at-will notice’ above.
- Notices for nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use: A 3-day notice which can be used when a tenant is committing or allowing a nuisance (unreasonable property obstruction, or posing a danger to tenants or nearby property), is subletting against their lease agreement, is carrying out unlawful business within the property, or is found in possession of illegal drugs or substances.
- ‘Lease Violation Notices‘: A 5-day notice that describes the tenant’s lease violation, and instructs the tenant to either fix the violation or vacate; this notice is then to be followed by a 5-day .Notice to Quit for Unlawful Detainer. if the violation is not fixed.
- ‘4-day Notice To Surrender‘: This notice is to allow a landlord to proceed with the process of removing squatters or unlawful occupants; this notice can only be used if there has never been a landlord-tenant relationship between the landlord and the occupant.
Eviction Process: What Happens Next?
Once the Constable’s office has posted the notice, you will have to return on the date specified from their office, to continue the eviction process; you will then be given the paperwork needed to go to the Justice Court and file the’Complaint for Summary Eviction’.
After your filing has been approved by the Justice Court, and if no response is given by the occupant to be evicted, you will be directed back to the Constable’s office to arrange the eviction lockout; it is at this time that you are to either contact a licensed locksmith for the service (MX Locksmith: Contact us to schedule today!), or have the Constable’s office choose a locksmith for you. In the case that the tenant does return a written response to the Justice Court, then a hearing date will be issued to both the landlord and the tenant, to determine the following course of action.
Eviction Process: On the Day Of
Once all of your paperwork has been filed, the Constable’s office has been scheduled to carry out the eviction, and a locksmith has been selected to perform the locks change service, your next step will be to confirm scheduling with your locksmith, to ensure that you can arrange to have the new keys to the property upon completion of the eviction.
That covers the basics of the eviction process; from determining which is the correct notice to use for your particular circumstance, to the court filing process, to coordinating the actual eviction with the Constable and your locksmith.
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