Nevada is one of the states that actually favor the landlord when it comes to rent collection. While the tenant always has rights, the state has a summary eviction process, which is helpful to landlords and property owners when a tenant needs to be evicted. You are allowed to serve a 5 Day Notice to try and get the tenant to pay rent if the amount owed is late or not paid at all. When the tenant receives the notice, he has the option of paying the rent or leaving the property, that’s why the service is called a 5 Day Notice to Pay or Quit.
Once you have the tenant served, you can begin counting days until the tenant is required to pay or leave. If the notice is served before noon, that day should count as the day of service. However, to be safe, start counting the day after you know service has occurred. You must remember that weekends do not count in the 5 Day process, nor do non-judicial days. So, if the courthouse is closed and has a four day work week, you cannot count the days that court is closed as part of the 5 Day process.
After the 5 Day summary eviction notice is served, the tenant can go to court to challenge the eviction by claiming that the rent has been paid. If this happens, the tenant will be required to show proof, such as a receipt for the rent he claims he paid. If the eviction is challenged, there will be a hearing granted, and you will need to attend. If it is determined the tenant has not paid the rent, he will be ordered to vacate the property.
At this point, the tenant still has the option to file an appeal. That appeal will be heard in the district court, which does change things for the property owner and the property manager. When an appeal goes to district court, your property manager cannot represent you in court. You will need to get an attorney who understands your case and can plead on your behalf that the tenant must be evicted.
If you have any questions about the eviction process in Nevada, please contact us at Blackbird Realty and Management. We will do our best to help you, or if necessary, refer you to the right attorney who can help you with your eviction and your court case.