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What To Do If You Have Been Illegally Locked Out of Your "Essential Services" Have Been Interrupted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If your landlord has committed any of the following acts, and there is not an eviction action already pending between you and the landlord, you may file a Verified Complaint for Expedited Relief (link to form) with the Justice Court of the township in which your rental unit is located:

    1. Locked you out of the rental property;
    2. Intentionally stopped your electricity, gas, water or disabled your lock or interrupted other “essential services” (link); or
    3. Allowed your electricity, gas, water or other essential services to stop (i.e. by failing to make required repairs).  See NRS 118A.390 
    4. If your landlord has committed any of the following acts, and there is not an eviction action already pending between you and the landlord, you may file a Verified Complaint for Expedited Relief (link to form) with the Justice Court of the township in which your rental unit is located:


      1. Locked you out of the rental property;


      2. Intentionally stopped your electricity, gas, water or disabled your lock or interrupted other “essential services” (link); or


      3. Allowed your electricity, gas, water or other essential services to stop (i.e. by failing to make required repairs).  See NRS 118A.390


      4. Otherwise recovered possession in violation of NRS 118A.480

What do I do if there is an eviction action already pending before the court?

The verified complaint may not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and tenant, but the tenant may seek similar relief before the judge presiding over the pending action by filing a Motion.  See NRS 118A.390(5)(b)  

What is the deadline for filing a Verified Complaint for Expedited Relief?

The tenant must file within 5 judicial days (link to definition) after the date of the unlawful act by the landlord.  The court must dismiss the complaint if it is not timely filed.  See NRS 118A.390(5)(a).  However, the tenant may file an action for damages within 3 years [See 11.190(3)(a)]  

Is there a filing fee?

No.  However, after any hearing the court is required to assess costs against the party that does not prevail but may waive them.

When is the hearing scheduled?

The hearing must be scheduled within 3 judicial days of having been filed.

Must the complaint be served?

Yes.  And proof of service must be filed before the hearing.

What can the court order?

The court can order that the landlord restore access to the premises and/or essential services, award damages.  These damages can include your “actual damages,” that is the amount of money that the landlord’s conduct actually caused you, along with up to $2500 in “statutory damages” and hold the landlord in contempt of court. 

 

 

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200 Lewis Avenue
Las Vegas, NV 89155

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601 N. Pecos
Las Vegas, NV 89155

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