By Goldenwest Management
Las Vegas, NEVADA – Are you thinking about the Evictions Process in Clark County, Nevada for one or more of your Las Vegas rental properties?
The eviction process is one of the most complicated aspects of owning rental property, and the most common reason why property owners encounter difficulties with evictions is because they lack a real understanding of the reasons to evict a tenant and how to start the process.
Disclaimer – Goldenwest Management is not an eviction company, or attorney, we are a professional property management company with experience in managing properties in Arizona, Nevada and California.
Here are our tips on the eviction process and how you should approach eviction in the future.
What Are The Reasons To Evict A Tenant?
Some of the reasons to evict a tenant include the following:
- Tenants not paying rent – Sadly, this is one of the most common problems that landlords face. Unfortunately, Landlords shoot themselves in the foot right away because they fail to inforce the rules for rent payment or they allow tenants to “slide” and pay their rent when it’s convenient for them to pay it. This includes accepting partial payments, paying without penalty even after the lease calls for fines, and waiting too long to start the filing process.
- Using the rental property illegally – This includes using drugs on the property or distributing illegal drugs.
- Failure to follow the lease rules and regulations – Often times, Landlords take this term to mean they can evict the Tenant for any slight break in the rules. This is not true…violating the rules must be to the point to cause potentially irreparable damage to the property as to include health and safety violations for the home and or the neighbors.
The Evictions Process
- No earlier than the 5th calendar day of the month, serve a (5) day notice to pay or quit. Must be served at the property (by a process server) or sent via proof of mail.
- After (5) business days, file the eviction paperwork in the appropriate Clark county court.
- Serve your tenant with the court filed eviction summons. Have this done by a process server.
- A court date is then provided. The court will notify you via mail, but the best way to follow your case is to follow your case number online at the court website.
- Show up with the lease and all records of appropriate service of the notices. Make sure you bring and correspondence from the Tenant (and or receipts for repairs) as often times Tenants will get into court and lob “grenades” that things are not fixed, etc…
- If the judge buys the basic premise that the Tenant should have paid rent and didn’t (he will give them an opportunity to pay at that time) then the eviction will be granted.
- If the Tenant is a no show the court will automatically grant the eviction.
- After a few business days (depending on the court order it could be as much as a two weeks around the holidays) you can contact the constable to have them serve a 24hr notice.
- After the 24hr notice, the constable will give you a time to meet at the property and they will remove the Tenant.
- You will be required to have a locksmith onsite to change the locks…if you don’t have a locksmith present, they will NOT grant the lockout.
What about late fees, court costs, and lost rent
The law reads one way, but based solely on experience, the judge will rarely grant you any extra money outside the rent and maybe the late fees (which if the late fees are exorbitant, the judge may waive those as well).
Obviously if you have to evict the Tenant for payment, you will then have to send the Tenant an itemized security deposit return, and can include lost rent, the fees awarded by the court, and the cost of the locksmith. Any property damage can also be included, but make sure you have solid documentation.
You can then deduct the total costs of monetary damages from the security deposit you have on file, and send the Tenant a “balance due letter.”
Collecting that balance due is a whole another matter. Consult an attorney or collection agency about the best ways to go after a former Tenant. Often times, you will hear, the juice is not worth the squeeze, but many times simply obtaining and filing a judgment is enough due to the fact that years down the line, the Tenant may want to make a purchase or clean up their credit (or rent another home) and find that they can’t do so until they pay off outstanding judgments.
This is a general process that GWM follows in Las Vegas every month when filing evictions. There are a million different scenarios where we may tweak the process to meet the specific situation. Consult an attorney for specific legal questions.
Learn More about how GWM can help you with problem Tenants.
For more information about our eviction process or property management services, contact Golden west Management, Inc. today by CLICKING HERE or calling us at (702) 685-7696.
Investment Property Solutions
CA LIC# 071791904