Eviction Process

  • Eviction Process
  • Eviction Service

The Eviction Process

Triumph Property Management has been dealing with evictions for well over a decade. Below, you can learn more about the eviction process. Our eviction service helps remove the tenant from your property in a serious, timely and professional manner.

Step 1
CORRECT EVICTION NOTICED IS SERVED

Not all evictions are the same; a common misconception. There are numerous reasons why an eviction notice may be served, including: failure to pay rent on time, conducting illegal activity on the property and subletting the rental to a third party.
At the outset, then, the correct eviction notice must be served.

STEP 2
SERVING THE EVICTION NOTICE

The tenant is served the correct eviction notice. Under existing state legislation, we – at Triumph Property Management – are permitted to serve an eviction notice in person.
We may also leave a copy of the eviction notice with a relevant third-party (of suitable age) or to directly post a copy of the notice on the rental property itself.

STEP 3
SECOND EVICTION NOTICE MAY BE SERVED

If the tenant is being evicted for a reason other than non-payment of rent, a second eviction notice may be served. The same protocol, as outlined both above and illustrated below, is followed. For example, we reserve the right to serve the second eviction notice to the affected tenant.

STEP 4
COMPLAINT WITH COURT MAY BE FILED

Not all tenants comply with eviction notices. Many tenants stay well beyond the 5-day or 30-day interim period, in which further action is required. In these cases, Triumph Property Management may file the necessary documentation with the courts to process a formal eviction order with the court.

STEP 5
THERE MAY BE A COURT CASE

In some cases, tenants may file an affidavit, or answer to the court directly, to contest the court order. A representative from Triumph Property Management then attends the court case to present the owner-client’s best interests.

STEP 6
EVICTION NOTICE IS SERVED

Once the court case has concluded, the sitting judge orders a summary eviction. Triumph Property Management then coordinates with the local sherif to have the tenant (and their belongings) removed, at a specified date and time, from the property. This then concludes the standard eviction procedure (see below for illustrated summary below).

Eviction Process
For Non-Payment of Rent

You must follow the correct protocol when choosing to evict tenants. Broadly speaking, this involves the following procedure (in cases where the tenant fails to pay rent):

Step 1
Landlord first serves an eviction notice

The tenant either vacates the property (in which case the landlord can take possession of the property – assuming the tenant has no intent to return), or the tenant fails to both vacate and pay rent.

STEP 2
Landlord files a court complaint

The tenant may respond to the complaint, in which case a hearing date is issued. The hearing is then held – eviction may be denied or granted.

However, if the tenant fails to respond to the complaint – an eviction order is drawn up and sent to the relevant constable. The landlord may then pay / instruct the landlord to perform the lock-out.

STEP 3
Lock-out date issued

The constable then posts the lock-out date on the property’s door. At that date or before the date, the tenant is obliged to leave or may forcibly remove the tenant from the property – as per the court order above.

We can see, then, that the entire eviction service – as per the courts – is very simple and transparent. Assuming the landlord is correct in their critique of the tenant, there is nothing to worry about. Sometimes, though, landlords become increasingly impatient with the incumbent tenant.

As owners of the property, they become frustrated with how the situation is being handled and decide to take matters into their own hands. Though this is understandable, it is the wrong and improper course of action. Remember, the tenant can also take legal action against the landlord where the latter is responsible for wrongdoing. You, as the landlord, need to tread carefully in such circumstances.

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EVICTION SERVICES IN LAS VEGAS

No landlord wants to have to deal with an eviction. Effective property management is about deterring this outcome; an outcome that adds significant stress to your daily life. You now must worry about how best to find your next tenant, too. Handled improperly, evictions can last much, much longer.

EVICTION SERVICES IN LAS VEGAS

Over the past ten years, Triumph has emerged as a leader in Las Vegas real estate management. We are a property management company that has grown from strength to strength; offering affordable, transparent, professional service that you can trust. We are also among the highest rated such companies in Las Vegas – on Google, Yelp and many other top review platforms. We strive to deliver the very best service for our clients, going above and beyond client expectations to deliver real results that make a difference.

That’s why our Las Vegas eviction services add value. You need to comply by local, state and federal legislation when evicting a tenant. You cannot violate the terms of the agreement you made with the tenant. In reality, this means you cannot forcibly remove the tenant; remove their belongings from the property; nor commit any action that violates the tenant’s occupancy (for example: turning off electrics or water supply).

Triumph Property Management has dealt with innumerable evictions for over 10 years.

We understand how best to remove tenants from the property – in a professional, timely manner that ensures the swift transition to the next tenant. We follow the letter of the law to help you remove tenants that prove to be challenging. We can also help you find alternative, more suitable tenants. That’s because we thoroughly screen our tenants to the very highest standards. You can be certain that, through our tenant selection process, you receive the highest quality tenants.

If you’d like to learn more about our eviction services, contact a member of our team today. You can call us direct at (702) 367-2323 or, alternatively, you can fill out our online form and a member of our eviction team will be in touch very shortly.

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New laws impact the Eviction Process in Las Vegas and Nevada

While a vast majority of tenants fulfill the terms of their lease without issue, there are scenarios in which eviction is required. Despite what you might think, eviction is more than just kicking a tenant out of the property. It is an exact process, governed by state law.

In order for a summary eviction to be successful and timely, a landlord or property manager must follow a series of required notices and filings. Recently, our state passed a series of laws that changed some of the rules around summary evictions. In this article, we’ll summarize those changes and their impact on the eviction process.

Why work with a property management company?

Triumph Property Management has years of experience handling both summary and formal evictions on behalf of our clients. When it comes to evictions, timing, efficiency, and consistency are key. Any misstep on the part of the landlord can result in the eviction not moving forward as planned.

In the interim, you continue to lose revenue from the rental property. Evictions are a serious legal matter, and not handling them correctly and in accordance with the latest state laws could expose you to legal risk.

That last part is critical. In July 2019, a series of new laws (SB 151) went into effect here in Nevada that dramatically changed the eviction process. These changes are summarized in a section below, but one of the most significant of these is that the landlord or property management company can no longer directly serve a 7-Day Notice to Pay Rent or Quit. In other words, trying to handle an eviction on your own could not only be a bad idea, but against the law.

What are the grounds for lawful tenant eviction in Nevada state

What are the grounds for lawful tenant eviction in our state?

Under Nevada state law, there are two types of summary eviction:

  • Eviction for nonpayment of rent
  • Eviction for other reasons, including a lease violation, nuisance complaint, conducting an illegal business, drug violations, etc.

Both classes of evictions generally follow the same process. The main differences are the timeline (nonpayment of rent is a 7-day notice, while “other reason” evictions involve a 5-day notice) and the means of resolution to the eviction (for nonpayment, the tenant paying the rent, plus any legally allowable late fees; for “other reasons,” it involves either curing the issue or vacating).

What is the difference between summary and formal eviction in Nevada?

Summary eviction is used more often in our state, as it’s both faster and less complex than formal eviction measures. While a licensed professional is needed for serving the tenant notice, property owners and managers can generally navigate the summary eviction process without an attorney, if they so choose.

While summary eviction may be the better route for most evictions, there are select circumstances for which its use is not permitted, including: eviction ahead of foreclosure, commercial eviction, and mobile home eviction.

Some things to know:

  • You can not seek monetary damages from a tenant as part of your summary eviction. If you wish to do so, you will need to file a separate lawsuit.
  • Summary evictions are not suited for resolving landlord-tenant disputes, and most judges will dismiss the case and require you to file a formal eviction.
  • Tenants can post a “bond” to file their appeal, allowing them to stay on the property until that appeal is heard.

As the name implies, formal eviction is a slower, more deliberate form of eviction heavily bound by legal rules and proceedings. This will require an attorney. The purpose of a formal eviction is to resolve landlord-tenant disagreements over the material facts of the eviction.

Through a formal eviction, either the landlord or the tenant can request a money judgement from the court. 

Formal evictions are complex. If you plan on moving forward with this type of eviction, our recommendation is that you speak with an attorney.

An overview of the eviction process

Here is the eviction process for nonpayment of rent, as well as a summary of what has changed under the new Nevada state laws that went into effect in July 2019.

The eviction process:

#1

To start, the tenant will be served with a 7-Day Notice to Pay Rent or Quit.

Here is what has changed:
Only a licensed professional can serve a tenant this notice. The landlord or property manager cannot serve this notice, and must instead use a licensed process server, attorney, attorney’s agent, constable, or sheriff.

#2

If the tenant pays the rent or vacates the property within this 7-day window, no eviction is required.

Here is what has changed:

  • If the tenant pays the rent late, you can only charge a maximum late fee of 5% of the monthly rent.
  • The tenant now has 7 full days, instead of 5, to pay the rent or vacate the property.
#3

The next step depends on what action the tenant takes:

  • If the tenant files an answer with the Justice Court within the 7-day deadline, the landlord has to file a follow-up complaint. This leads to a hearing at a set date and time. A judge will decide if the eviction is granted or denied.
  • If the tenant does not file an answer within the 7-day period, the eviction order is granted. The constable is automatically notified. You will need to pay the constable to perform a lockout.

Here is what has changed:

The tenant must be served a 24-hour lockout notice, and the constable can only perform the removal and lockout between 24 hours and 36 hours of the tenant being served.

#4

The constable posts the 24-hour eviction notice and—unless the tenant files a Motion To Stay in accordance with the law—the constable will require the tenant to vacate the premises.

Here is what has changed:

You must allow the former tenant to access the property and collect any remaining personal property within the first 5 calendar days of their eviction.

 

As previously noted, formal evictions have a much different—and more complex—process. Please consult with an attorney if you are planning on going down that path.

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EVICTING YOUR TENANTS?
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