Overview of the Eviction Process
Unless a tenant has surrendered possession of the rental premises to the landlord or abandoned possession, a landlord must file an eviction action in order to remove the tenant. See NRS 118A.480. There are two ways in which a landlord may seek to evict a tenant: 1. through the summary eviction process or 2. the “formal” eviction process.
The first step in both processes is the same and requires the service of an eviction notice (link). The second step, however, is different as each process involves its own set of unique procedures and documents.
A summary eviction action begins with the landlord serving the tenant 1 or, in some instances, 2 eviction notices. Upon receipt of the eviction notice(s), the tenant may choose to leave the property, comply with the notice (ie pay rent or remedy the lease violation) or can file an Answer (link) with the court.
If the tenant files an Answer and the landlord files a complaint, the court will schedule a hearing, usually within a week, to determine whether an order for summary eviction should be granted. The landlord must file a complaint before the case is scheduled for a hearing.
A “formal” eviction action allow the landlord to request both possession of the rental unit and money damages in a single suit. Formal evictions, however, are subject to more and stricter rules than summary evictions a landlord may require a higher level of sophistication in order to represent themselves in such an action.
The following information has been designed to provide you with a basic understanding of Landlord-Tenant and Eviction proceedings and to prepare documents for filing in a Justice Court:
- Overview Of The Eviction Process
- Choosing Whether To File A Summary Or “Formal” Eviction Action
How To File A:
MISCELLANEOUS LANDLORD-TENANT ISSUES