We all know the COVID-19 pandemic has affected renters across the country. However, it has also had a profound impact on many landlords and rental property owners. In Nevada, there was an eviction moratorium in place to protect tenants from being evicted during the height of the pandemic and beyond. After being recently lifted by Governor Sisolak, Las Vegas landlords are hoping they will have the ability to evict tenants for the first time since early 2020 while being able to navigate post-pandemic evictions with more ease.

Nevada Eviction Moratorium Ends

Although the Nevada eviction moratorium ended at the end of May of 2021, there is still a federal eviction moratorium in place as the CDC has extended the federal eviction moratorium through July 31st, 2021 (7/31/21). This means landlords must wait to legally remove tenants from their properties, even if they are not able to pay rent. However, that change is also expected on the horizon as more and more people return to work after the COVID-19 lockdown.

What Las Vegas Landlords Can Expect Now

Many landlords may be wondering if the eviction process and post-pandemic evictions will be different after the pandemic. Is it worth evicting a tenant? Will there be an influx of potential renters? If landlords do choose to evict a tenant for not paying their rent, will they be able to fill those vacancies with qualified tenants who have the ability to consistently pay their rent on time?

These are all important questions to consider if you are planning on serving one or more of your tenants an eviction notice. As of June 2021, the Las Vegas housing market is skyrocketing to record high prices for homes in the Valley. This has priced out many potential buyers who were hoping to make Las Vegas their home. For this reason, many renters, including families, are looking for rental spaces to accommodate their needs. According to the Las Vegas Review Journal, Las Vegas is ranked as the 4th highest city in terms of rental increases in metro areas in the U.S.!

The Las Vegas Eviction Process

After a long year of struggling without rental income, many landlords may decide to evict a tenant after the federal eviction moratorium is lifted. It is imperative that landlords take the correct steps when dealing with post-pandemic evictions. Here are the steps involved in evicting a tenant in Henderson or Las Vegas:

1. Have a legitimate reason for the eviction. Understand that you cannot serve a tenant an eviction notice simply because you want them to leave. You must have a legal reason to evict the tenant, including being past-due on their rent payments, extreme damage to the rental property, violating lease agreement terms, breaking occupancy rules, or causing safety or health hazards on your property.
2. Have evidence ready to support the eviction. Although you have a legal reason for starting the eviction process, you will also need evidence to support that reason. For example, you may have documentation showing that rent has not been paid or images of damage to the property. If you do not have your documentation organized yet, now is the time to do so.
3. Serve the Formal Notice of Eviction. For many Las Vegas landlords following the pandemic, the overwhelming reason for eviction will most likely be failure to pay rent. That reason requires a 7-Day Pay or Quit eviction notice. This gives your tenant five days to either pay rent or face the next step in the eviction process.
4. Summary Eviction. If the tenant does not pay within the designated time outlined in the initial notice, landlords can file a Summary Eviction with the court. This Summary Eviction gives landlords permission to take the property back into their possession.
5. Motion to Stay or Motion to Set Aside an Eviction. Tenants do have a chance to file a Motion to Stay or Motion to Set Aside an Eviction in response to an eviction order. However, the motion may not be granted and you will be able to proceed with the eviction. There are also new mediation laws in place that protect tenants, as well as a new bill passed to stay evictions for tenants mid-rental assistance application process.
6. Notice to Vacate. The final step in the Las Vegas eviction process is posting a Notice to Vacate. Legally, the tenant can be locked out as soon as the next business day. Remember, a county deputy must be present for the lockout.

Tips for Handling Post-Pandemic Evictions After COVID-19

Just because a tenant deserves to be evicted from your rental property it does not mean the process will be easy. In fact, it is one of the hardest things landlords have to deal with within their scope of responsibilities. It can be an extremely sensitive process that should be handled with care and attention to detail. This is especially the case with any post-pandemic evictions that are required. Here are some tips if you are considering an eviction after the pandemic eviction moratorium is lifted.

• Never forcefully remove the tenant from the property or change locks without following the proper eviction procedure. Likewise, you cannot remove a tenant’s personal property or belongings from the rental property or shut off essential utilities while the tenant is living there. It is illegal in Nevada to practice these tactics and doing so will lead to the landlord having to deal with legal consequences.
• Be sure you give sufficient notice and do not try to rush through the eviction process. Evicting a tenant is a legal process that requires specific steps to be completed before you can move on to the next. Make sure you understand the necessary laws and requirements so that you do not delay the eviction even further.
• Some tenants have lost jobs or have struggled throughout the pandemic, which can put you in a tough position. However, you cannot continue to let them live in the property rent-free. For this reason, consider working with an experienced Henderson and/or Las Vegas property management company that can serve the eviction notice(s) for you.
• If you decide not to go through with the eviction, think about providing resources that may help tenants at this time. If they can receive financial assistance, it helps both parties, and you will most likely get the rent you need in the long run. You can share information from the county’s CARES Housing Assistance Program for rental assistance if you choose not to go the eviction route.

Professional Property Management and Eviction Services in Las Vegas

At Black & Cherry Real Estate, we have experience serving a Notice to Quit or Pay in the event that rent payments are late and there has been no communication with the tenant. We understand that this is a difficult thing to do, especially concerning post-pandemic evictions during this time immediately following the pandemic, but we can help. Contact our team to learn more about the services we offer, or our other property management services in Henderson, Las Vegas, and North Las Vegas to see how we can work together to get your rental income back to where it should be, and beyond.