Law Office of Hayes & Welsh

Evictions require special handling

It may be tough to do and you may not even want to think about it. As a business owner or landlord, however, you will need to evict tenants from time to time when they don't pay rent. It's important to have strong representation by a firm who is experienced with real estate law in Las Vegas or Henderson because evictions can be tricky.

The state of Nevada prohibits landlords from conducting an eviction on their own. A landlord cannot even change the locks without the Court, Sherriff or a Constable being involved. Additionally, a landlord cannot evict the tenant by force by trying to get the tenant to leave the property through unbearable conditions. 

Basic eviction process

A proper eviction must start with a notice. You will have a choice of the following notices:

  • 5-Day Notice to Pay or Quit
  • Tenancy-At-Will Notice
  • No Cause Notice
  • Notices for Nuisance, waste, assigning, drug violation, etc.
  • Lease violation notices

Once you choose the appropriate notice and follow additional procedures, the eviction can take 10 to 180 days.

When tenants don't pay rent

If the issue is strictly non-payment of rent, you will need to serve the 5-Day Notice to Pay or Quit upon your tenant. Once you have served the notice, if your tenant pays rent you must accept payment. Clark County considers payment of rent to be the regular monthly fee and all previous months due plus any late fees. Court costs, collection fees, etc., are not to be included.

Property left behind

If a tenant leaves any property behind after the eviction process is complete, you will need to store remaining items for at least 30 days. You will not be able to charge back rent but can charge a storage fee so long as it is reasonable. The tenant will need to make arrangements to pick up any items you have stored. Within 14 days of the 30-day deadline, you must notify the tenant via a certified letter that you will be disposing of the property if they do not claim it on or before the final date. 

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
199 North Arroyo Grande Blvd
Suite 200
Henderson, NV 89074

Phone: 702-434-3444
Fax: 702-434-3739

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