How To File A Summary Eviction Action
Step 1: Choose The Correct Eviction Notice(s)
Step 2: Serve The First Eviction Notice
Step 3: Serve The Second Eviction Notice, If Necessary
Step 4: File A Complaint And Supporting Documents With The Justice Court
Step 5: Attend A Hearing, If Necessary
Step 6: Make Arrangements With The Constable To Remove The Tenant
All summary eviction actions are initiated by sending the tenant a notice. The type of notice(s) that are served depends on the grounds upon which the landlord is seeking to evict his tenant. For instance, there are summary eviction notices for:
- Nonpayment of Rent
- Nuisance, Assignment/subletting, or unlawful business
- Lease Violation
- “No cause”
Select the above links for specific information related to these various grounds for summary eviction.
If you are seeking to evict the tenant for non-payment of rent, you only need to serve one notice. If the tenant does not comply with that notice (ie by paying rent or moving out), you may skip to Step 4.
If you are seeking to evict the tenant for reasons other than nonpayment of rent, you will need to serve two eviction notices:
- 1 notice setting forth the grounds for the eviction (ie lease violation, nuisance, etc.) and, if the tenant does not comply with that notice;
- A second notice known as an “Unlawful Detainer” notice.
All eviction notices must be served in one of the three following ways:
- Serving the tenant personally, in the presence of a witness;
- If the tenant is not at the rental premises, leaving a copy with a person of suitable age and discretion” (at least 14 years old) in which case a copy must also be mailed to the tenant; or
- If the tenant’s place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, you can post a copy of the notice on a conspicuous place at the rental unit and mail a copy to the tenant. NRS 40.280(1)
Please note, that before an order for summary eviction can be issued, the landlord must file:
- A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;
- A certificate of mailing issued by the United States Postal Service unless the landlord rents the premises by the week, certificates of mailing issued by contract postal units will not suffice); or
- The endorsement of a sheriff, constable or other process server stating the time and manner of service.
If you are seeking to summarily evict a tenant for anything other than non-payment of rent, you may serve an “Unlawful Detainer” notice if the tenant fails to comply with the first notice (ie by remedying the lease violation, by moving, etc.)
If the tenant did not comply with the Pay Rent or Quit or Unlawful Detainer Notice, you may apply for an eviction order by filing the following documents with the Justice Court of the township in which the rental premises is situated:
- Complaint for Summary Eviction;
- All Eviction Notices served on the tenant;
- The Written Rental or Lease Agreement, if any; and
- An Original Affidavit of Service and, when required, a certificate of mailing.
You should file at least one original and two copies of your documents and be prepared to pay the $49.00 filing fee. PLEASE NOTE, in the Las Vegas Justice Court, you may not file your Complaint until the time for the tenant to file an Answer has expired (ie if you personally served a pay rent or quit notice or unlawful detainer notice, you may not file for 6 business days after the day of service. If you served the tenant by mail, 3 calendar days are added to this time period)
If the tenant has filed an answer to the eviction notice(s), the court will schedule a hearing. In the Las Vegas Justice Court, a notice of hearing will be mailed to both parties upon the landlord filing its complaint.
At the hearing, both parties will have a brief opportunity to present the facts of their case. Because summary eviction is intended for cases in which the landlord’s right to possession is clear, under Nevada law, the court is required to dismiss the action if it finds that there is a genuine dispute over material facts.
If you were granted an order for summary eviction, you will need to make arrangements with the constable in your township to remove the tenant. The fees charged by the constable for this service may vary so you should make arrangements with them in advance.