As of July 1, 2019 there have been very important changes to the eviction laws in Nevada with more changes to come.
Landlords and property managers are no longer able to personally serve eviction notices unless the lease is terminated within the terms. It is now a requirement to hire a constable or sheriff, licensed process server or an agent of an attorney to serve notice to a tenant.
7 Day Notice to Pay or Quit
The tenant now has 7 judicial days (previously 5 judicial days) to pay rent or quit.
Example is courtesy of Nevada REALTORS®:
Tenant’s rent is due July 1st, which is a Wednesday. Landlord serves notice on Thursday July 2nd to pay rent or quit. This would mean that the tenant has until the close of business on Monday July 13th to pay the rent in its entirety. The landlord could then take court action on Tuesday July 14th; with an order from the Judge on July 15th. The notice of the order has to be posted within 24 hours. This would mean that if the sheriff/constable received the order to post at 4 pm on Wednesday July 15th, and posted it on Thursday July 16th at 4:00 pm, the tenant may not be removed until the following Monday July 20th. This is now 19 full calendar days from the first day notice is served.
Notice to pay rent or quit is to instruct the tenant to pay the rent or quit / leave the rental property within that 7 day period. The day the notice is served does not count as one of the 7 judicial days. After the tenant is served notice, the landlord cannot refuse to accept rent from the tenant if rent is paid before the expiration of the notice. If payment is received, the payment should include rent owed and late fees; not court cost, collection fees and/ or attorney fees. A landlord/ property manager can only require the tenant to pay up to 5% in late fees regardless of the terms of the current lease. This does not mean amendments need to be made to the lease; the amendment can be made to the next lease renewal.
All notices are served/ posted the next business day from request at the Constables Office. After the tenant is served and no answer is filed by the tenant and after a judicial review, an eviction may be granted and sent to Constable’s office. You will then be instructed to return to Constable’s office to pay the lockout fee. If an answer has been filed by the tenant a hearing will be scheduled. If an eviction is granted, the courts will send word to Constable’s office that will then go to property and post eviction on the following business day. The occupant will have 24 hours to move out. After which the constable and landlord will go to said property to begin the lock out procedure. If landlord has to reschedule a new charge may occur.
Stay updated on the new law changes to come.
