Eviction Law in Las Vegas, NV

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Las Vegas, Nevada eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a tenant in , consistently pays rent late or stops paying altogether, it can serve as valid grounds for eviction. While some states allow a grace period for occasional late payments, tenants who habitually miss deadlines may forfeit this leniency, enabling the property owner to issue an eviction notice.

To protect yourself, always issue formal “late rent” notices to your tenant and retain copies for your records. If the case proceeds to court, these documents can serve as crucial evidence of the tenant’s repeated failure to pay on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any Las Vegas landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Las Vegas property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.

How to Evict a Tenant in Las Vegas, Nevada

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Las Vegas, NV attorney can help review your case to determine if you do.

Nevada Landlord/Tenant Regulations list both the rights and responsibilities of those renting property in Las Vegas. Tenants are entitled to a lease agreement, and to have the agreement upheld should the landlord fail to do so. Landlords can require a security deposit of up to 3 months’ rent.

But, if the tenant vacates the rental unit in good standing, he or she is entitled to the return of the deposit within 30 days. In addition, while the lease agreement is in effect, a tenant has the right to reasonable privacy. As well as a right to a clean and pest-free living space, and a right to have the landlord make reasonable repairs to systems such as heating and water.

Step 2. Give a Formal Notice of Eviction

If you’ve made attempts to address lease violations with your tenants and they continue to disregard the terms, it’s time to issue a formal eviction notice. This notice acts as a final warning and should clearly outline how the tenant is in violation and what steps they can take to avoid eviction.

The eviction notice should also specify a deadline for the tenant to either pay the overdue rent or vacate the property, along with the exact amount owed. If you’re unsure how to properly draft an eviction notice, consider using online templates or seeking guidance from a legal professional.

According to the Clark County Constable, a landlord wishing to evict a tenant must deliver a 7 Day Notice to pay or Quit. This means the tenant has 7 days to pay rent or vacate the premises. Landlords must provide cause in the notice. If there is no cause, a Las Vegas landlord must wait until the lease expires to evict.

Once notice is served, the landlord will file with the court and attempt to receive summary judgment and an eviction order. However, if a tenant is being evicted for failure to pay rent, he or she can still pay off the balance during the court process. A landlord, however, is not cannot refuse payment.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Landlords seeking to evict tenants have to file with the Las Vegas Justice Court.

Step 4. Contact an Experienced Eviction Lawyer in Las Vegas and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Las Vegas, NV law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Lawyer in Las Vegas

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Las Vegas attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Nevada state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced eviction lawyer in Las Vegas!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

Are you curious to learn about other areas of Las Vegas law? We have articles on many legal topics in the state.