21 July 2015

Eviction Notices

At Triumph Property Management, we understand the need to maintain clarity over how we deliver our professional services to you. This unwavering transparency is necessary to solidify cordial relations between the service provider and you, the investor. Thus, as part of this process, we’re going to detail how we manage tenants up to, if necessary, the point of eviction. We recognize the necessity of maintaining a consistent stream of revenue within your investment, which is why a timely and properly managed eviction plan is central to the provision of our services in the Las Vegas area.

Our legally compliant service guarantees satisfaction for both you, the investor, as well as for us, the property management provider. Below, you’ll find both methods we employ in our dealing with tenants, clarifying for you the process in which these important steps are taken.

What is a ‘Summary Eviction’?
There are two main types of eviction process that landlords typically employ: the “summary method” and the “formal method”. This section is going to analyze the summary eviction process, as it remains the simplest and more convenient method for dealing with tenants. Of course, this does not render obsolete the utility of the formal method, as sometimes landlords are compelled to use this latter process, however, we’ll come back to those exceptions later.

The summary process, the method used most frequently by landlords in Las Vegas, involves the issuance of what’s known as an eviction notice. When the tenant receives this notice, they can act in one of several different ways. Below, we’re going to take a look at two different routes by which a landlord can issue an eviction notice to a tenant – that involving the non-payment of rent, and those involving cases other than the non-payment of rent. The process is relatively similar; however, it’s pertinent to make this distinction as there are some noteworthy distinctions between both methods.

Non-Payment of Rent
Should a tenant have an absence of rent receipts, we, the property management firm, can issue said tenant with a five-day notice. The purpose of this notice is to inform the tenant to either pay the requisite balance, or, if they cannot or refuse, they’ll need to vacate the property. If the tenant complies with this eviction notice by either paying the rent or vacating the property, no further eviction steps are required. However, the non-payment of rent will become relevant in the future should they evade rent a second or subsequent time.

However, should the tenant decide against paying the outstanding balance, further action is required. The tenant can, in this instance, issue what’s known as “answer”, known legally as filing an affidavit. This answer must be submitted to the Justice Court before noon on the fifth day of the applied eviction notice – any later, and the affidavit will not be considered. Acting as the landlord, the property management firm is required to submit what’s known as the “complaint” to the Justice Court within this five-day eviction window. The merging of both the “answer” by the tenant and the “complaint” by the landlord means a hearing will be scheduled, usually within a week of the filing of the complaint. This is the typical process for the eviction process in Las Vegas.

Upon the conclusion of the hearing, the judge will make his/her final decision. If eviction is not granted, the landlord will have no choice but to either accept the result or, more likely, file a “formal” eviction notice, the same process we mentioned in the introduction to this piece. If, however, eviction is granted, an eviction order will be issued and electronically distributed to the relevant constable. It’s worth noting that an eviction order will also be granted if the tenant fails to submit an “answer” to the Justice Court. At either of these points, the landlord is necessitated to pay the constable to perform the required lock-out.

The constable, at this point, will post the eviction notice on the door of the tenant’s property detailing the date the lock-out will be held. The tenant can, in turn, file what’s known as the “motion to stay or vacate”, and appeal the eviction notice to the relevant District Court. However, this file cannot be submitted if an aforementioned hearing at the Justice Court has already been held. Furthermore, only one “motion or stay” order may be submitted per individual case. If, however, no such file is submitted by the tenant, the constable will vacate the property on the date hitherto agreed upon.

Other Causes of Eviction
Let’s now, after reviewing the above process, look at how evictions take place due to lease violations, tenancy-at-will, nuisance, or other relevant cause. The process, actually, is remarkably similar to that described above, but we need to highlight some relevant differences in this regard. As before, should a Las Vegas tenant violate the tenancy agreement in a legally significant way, the landlord can serve the tenant with an eviction notice – a notice that informs the tenant to “cure” the causative factor or, if they cannot or refuse, they must vacate the property within the notice period provided.

If, of course, the tenant “cures” the deviance, they’ll remain in the property and no further action will be taken. Should the tenant fail to “cure” the deviance, the tenant will be considered an “unlawful detainer”. At this point, however, we need to reflect back on the process described for non-payment of rent, as the process from here on is precisely the same. In other words, it goes through the same stages of “answer”, “complaint”, hearing, “motion to stay or vacate” and, ultimately, eviction. Please see above for further information on this process in Las Vegas.

Triumph Property Management, acting as your landlord in Las Vegas, will deal effectively with tenants at all times. We can guarantee a legally efficient way of managing your tenants, thereby guaranteeing investment goals by rapidly reengaging your property with a quality tenant. You can remain assured of our process, one that places your property at the heart of our discussions with both the tenant and relevant third parties. Hopefully this article has provided some degree of clarity about our eviction process, highlighting both the simplicity as well as the legal integrity of our operations.