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Overview of the Summary Eviction Process (Non-Payment of Rent)

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.

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.” 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.

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).

Overview of the Summary Eviction Process (Non-Payment of Rent)

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From: www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions

"Some of the benefits of the summary eviction procedure are:

  • A summary eviction [can be] easy for a landlord to file without the assistance of an attorney.
  • The landlord is likely to get the tenant out of the rental property more quickly than with the formal eviction process.

Some of the drawbacks to the summary evictions procedure are:

  • A landlord cannot get a money judgment as part of a summary eviction case (but can sue the tenant in a separate case for damages).
  • If there is a genuine dispute over material facts, the court must dismiss the summary eviction case (although the landlord can then re-file a formal eviction).
  • The tenant may be able to file an appeal to the district court and remain on the rental property until the appeal is heard by posting a "bond" (money or other security) with the court.  The bond in a summary eviction case may be less than the bond required in a formal eviction."


Did you know?

"

To evict a tenant for nonpayment of rent:

the landlord must "serve" (deliver) a Five-Day Notice to Pay Rent or Quit to the tenant to start the eviction process. (NRS 40.253(1)(a).) For tenants who pay rent by the week, the landlord can serve a four-day notice. (NRS 40.253(1)(b))."