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Eviction: What’s legal, what’s not

On Behalf of | Feb 24, 2017 | Business Transactions

Whether you’re the landlord of a few small, one-room economy apartments or you own and maintain one of Nevada’s large multi-unit apartment complexes, it’s no secret that you’re line of work is often stressful. From tenants calling to complain about the least little faucet drip to dealing with late rent payments, a landlord’s job never seems to end – it’s 24/7. That’s not to say you can’t get satisfaction from your work.

Getting to know different kinds of people and providing safe, attractive environments where they can make themselves at home are just two of the many perks that often accompany the job of being a landlord. Then, there’s the downside. Most landlords say the worst part of their jobs is having to serve eviction notices. Perhaps you’re dealing with a current situation where a tenant has refused to vacate a property or is taking you to court over the issue.

Legal versus illegal eviction

Although some people would say you are “kicking them out”, eviction is more of a legal termination of a rental agreement. There are many reasons where you, as a landlord, would be within your right to evict a tenant. Below are some basic facts regarding both legal evictions, as well as actions that would be considered unlawful on your part:

  • Generally speaking, you must have valid cause to terminate a rental agreement by means of eviction.
  • Any violation of a rental contract constitutes legitimate reason for eviction, such as tenants who break the rules regarding pets, unapproved occupants or subletting an apartment.
  • If you continually receive complaints from other tenants and neighbors, saying a particular tenant is loud and disturbing the peace, it’s understandable you might ask the trouble-causing tenant to leave. (Hopefully, your lease agreement included rules about noise.)
  • Not paying rent is perhaps one of the most common reasons tenants face eviction from their apartments.
  • What you can’t do is resolve a problem by suddenly changing the locks to keep a tenant out of an apartment or cutting off all electricity to the unit. These types of actions are illegal.

There is a typical process when evicting a tenant from an apartment. This usually begins with proper written notification. If he or she refuses to leave, court intervention and/or assistance from local authorities may be sought. Real estate laws governing such matters can be a bit complex. Many landlords who have faced similar situations in the past have found it easier to obtain peaceful outcomes by acting alongside skilled representation.

A Nevada real estate attorney can provide experienced guidance to help simplify the eviction process and assist any landlord trying to protect business interests in an eviction dispute.