What To Do If You Received An Order for Summary Eviction
Whether or not you had your day in court, you may come home to find an order for summary eviction posted on your door. If you have received such an order, other than moving, your options include:
- Filing a Motion to Stay and/or Vacate Summary Eviction;
- Filing an Appeal; or
- Negotiating an agreement with your landlord.
A Motion to Stay and/or Vacate Order for Summary Eviction (link to form), allows the tenant to ask the court to:
- Grant the tenant up to 10 more days in which to move,
- Set aside or vacate the order based on legal reasons why the order should never have been issued in the first place; or
- Stay the eviction order until a hearing can be held on the motion.
Motion to Stay
A tenant may file a motion to stay a summary eviction order at any time after an eviction notice is served, however, most tenants do not request a stay until they have received the eviction order. A motion to stay is simply a request for more time in which to move.
- The court may only stay an eviction order for up to 10 days. NRS 70.010(2)
- In the Las Vegas Justice Court, only 1 motion to stay may be filed on any case. JCRLV 11(l)
Motion to Vacate
A motion to vacate is a request to the court to set aside, or vacate, the order for summary eviction because there are legal reasons why the order should not have been entered. The tenant may request that the court stay the eviction order until it holds a hearing on the motion to vacate.
Legal reasons for vacating an eviction order may include:
- The tenant was not properly served with the eviction notice(s);
- Excusable neglect on the tenant’s part;
- Fraud, misrepresentation or other misconduct of an adverse party;
- Mistake, inadvertence, surprise;
- Newly discovered evidence;
- The judgment is void. See JCRCP 60
Either party may appeal from an order for eviction by filing within 10 judicial days from the date that the order or judgment is entered. In order to appeal a judgment of eviction issued in the context of a “formal” eviction action, visit How to Appeal From a Judgment or Order (link to pg. 114). To appeal from an order for summary eviction, you must take the following steps:
- File a Notice of Appeal (link to form);
- File a Statement of Facts and Law in Support of the Appeal (link to form);
- Pay the $97.00 filing fees; and
- Post a bond with the court. Click here (link to “appeal bonds” below) for information on the amount of the bond that you are required to post.
PLEASE NOTE, a tenant seeking to stop the eviction pending their appeal must file the above documents prior to being removed from the rental unit.
A bond must be posted with the court regardless of who is filing the appeal. Bonds may be refunded to the party posting it if they win their appeal.
Landlords wishing to appeal from the denial of an eviction order must post a bond of at least $250. See JCRCP 73.
Tenants must also post a bond but the amount of the bond will depend on whether they are appealing a summary or “formal” order for eviction and whether or not they wish to stop the eviction pending the appeal. Tenants are responsible for continuing to pay rent pending the outcome of the appeal and can be subject to another eviction action for failing to do so. See NRS 40.385(2)
Select the appropriate link for:
- Appeals from Orders for Summary Eviction
- Appeals from Temporary Writs of Restitution
- Appeals from Judgments of Eviction
All tenants filing an appeal must post a bond of at least $250. If you wish to stop the eviction pending your appeal and are a tenant of a residential property whose monthly rent is $1000 or less, this $250 is all you are required to pay.
If you are a tenant of residential property whose monthly rent exceeds $1000 or a tenant of a commercial property you must post bond of $250 but the court can, on its own or on the motion of the landlord, increase the bond. See NRS 40.385(1)
If your landlord was awarded a temporary writ of restitution (ie an eviction that was ordered following an order to show cause hearing as opposed to a trial), you may not file an appeal. See JCRCP 72A. However, you may have other remedies available that are outside of the scope of this section. Tenants wishing to challenge a temporary writ of restitution are encouraged to seek legal advice.
A tenant appealing from a judgment of eviction (ie an eviction that was ordered following a trial as opposed to an order to show cause hearing) must post a bond of at least $250. If that tenant wishes to stop an eviction pending the appeal, the tenant is required to post a bond of at least twice the amount of the judgment and costs. See NRS 40.380.