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Summary Evictions - Landlord

The Las Vegas Township Justice Court accepts all Summary Eviction cases within the Las Vegas Township. To process a Summary Eviction through the Las Vegas Justice Court, the Tenant MUST reside in the Las Vegas Township. If the Tenant lives in another Township, such as Henderson, North Las Vegas, etc., the Summary Eviction Complaint must be filed in that Court.


This information is intended to help a landlord file Summary Evictions with the Las Vegas Township Justice Court. Justice Court staff are not permitted to offer legal advice or to assist you in completing any documents. For questions not addressed in this material, you may wish to contact an attorney, or you may contact the Court’s Self-Help Center located on the 1st floor of the Regional Justice Center, 200 Lewis Ave., in Downtown Las Vegas. The Self-Help Center is open from 8:00 a.m. to 4:00 p.m. Monday through Friday, except holidays. You may also research your question at the Clark County Law Library. The Law Library's address is: 309 S. Third St. #400, Las Vegas, Nevada, 89155-7340. The phone number is: (702) 455-4696. Library staff cannot provide legal advice, but they may refer you to sources to assist in your research.


The Justice Court Clerk's Civil Customer Service Office is located on the second floor of the Regional Justice Center, 200 Lewis Avenue. Business hours are 8:00 AM to 4:00 PM, Monday thru Friday, excluding holidays.


Customers will ONLY be able to obtain customer service tickets from the Court's Q-Matic Customer Call System between 8:00 am and 4:00 pm.


After-Hours Filing  (Effective July 16, 2011, After Hours Filing Will No Longer Be Allowed)


Effective August 1, 2011, electronic filing (E-Filing) is mandatory for all civil case filings, except Orders needing a Judge’s signature.  Court users may E-File from any location with an internet connection for a fee, or may E-File at the Las Vegas Justice Court without an E-Filing fee. See E-Filing & Service for further information.


Procedures to E-File a Summary Eviction Landlord Complaint


All Landlords must prepare their own Summary Eviction Documents. Court staff cannot prepare documents or assist in the preparation of documents for customers.

 

Eviction Types

The result of a Summary Eviction is limited to evicting the Tenant ONLY. If any money is owed to the Landlord, the Landlord must seek relief by other means (Small Claims or Formal Civil Complaint). If, during the Summary Eviction process, the Tenant is ordered to pay their rent to prevent the Eviction, it is not considered a judgment against the Tenant.


Non-Payment of Rent


When the Tenant is in arrears in rent, the Landlord may start the Eviction process by serving an Eviction Notice to the Tenant giving the Tenant a specific amount of time to pay the rent or vacate the premises. The type of notice depends on whether the Tenant is a monthly or weekly rental, and the duration of the time the Tenant has been in the premises. Either an individual or a business may be evicted for non-payment of rent.


Lease Violation


When a Tenant fails to abide by the lease, the Landlord may start the Eviction process by serving an Eviction Notice to the Tenant listing the specific violation(s) and giving the Tenant a specific amount of time to correct the violation. After the time has expired and the Tenant has not resolved the problem, the Landlord must serve a second notice (Unlawful Detainer notice ) to the Tenant that advises the Tenant that the Tenant is unlawfully detaining the premises. This type of Summary Eviction is only for individuals, not businesses. A formal Civil Eviction Complaint must be used to evict a business Tenant for a lease violation.


No Cause


When the Landlord wants to end a contract with the Tenant and the Lease period has expired, the Landlord must start the Eviction process with a notice that advises the Tenant when the Landlord wants the property available. A Tenant’s 30 Day Notice to the Landlord of the Tenant’s intent of leaving the property can be used by the Landlord as the initial notice. If the Tenant has not voluntarily left by the due date, the Landlord must serve a second notice (Unlawful Detainer notice) to the Tenant that advises the Tenant that they are unlawfully remaining on (detaining) the premises. This type of Summary Eviction is only for individuals, not businesses. A formal Civil Eviction Complaint must be used to evict a business Tenant for no cause.

Eviction Notice Types

Copies of common Notice documents, such as the Five Day Pay Rent or Quit, and the Unlawful Detainer Notice, may be found in the Forms Section of this site.

 
Every Eviction Notice must include the DATE of the NOTICE which should match the date the notice is served or posted.


FIVE-DAY PAY RENT OR QUIT NOTICE - Served to Tenant for non-payment of rent only. (Not for non-payment of deposits, etc.)  This notice MUST include a TENANT’S RIGHTS CLAUSE (see below).


FOUR-DAY PAY RENT OR QUIT NOTICE - Served to Tenant for non-payment of monthly rent or weekly rent in excess of 45 days only. Tenancy must be weekly and not in excess of 45 days. (Not for non-payment of deposits, etc.)  This notice MUST include a TENANT’S RIGHTS CLAUSE (see below).


FIVE-DAY LEASE VIOLATION NOTICE - Served to Tenant for lease violations. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) This type of notice CANNOT include a Tenant’s Rights Clause.


FIVE-DAY TENANCY AT WILL NOTICE- Served to Tenant in instances where there is no lease agreement and no rent or other consideration is paid to the Landlord (upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) This type of notice CANNOT include a Tenant’s Rights Clause.


THREE DAY-NUISANCE NOTICE - Served on Tenant to terminate a tenancy for cause. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.)   This type of notice CANNOT include a Tenant’s Rights Clause.
5-Day Unlawful Detainer Notice must be served.) This type of notice CANNOT include a Tenant’s Rights Clause.


SEVEN-DAY NO CAUSE NOTICE - No reason required, but the tenancy must be weekly and not in excess of 45 days. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.)   This type of notice CANNOT include a Tenant’s Rights Clause.


THIRTY-DAY NO-CAUSE NOTICE - No reason required. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.)   This type of notice CANNOT include a Tenant’s Rights Clause.


FIVE-DAY Unlawful Detainer Notice- Required following the expiration of 3- 7- or 30-Day Notice.)  This notice MUST include a TENANT’S RIGHTS CLAUSE (see below).


TENANTS RIGHTS CLAUSE:

 "You (Tenant) are advised that you have the right to contest this Notice by filing, within the time stated for the payment of rent or surrender of the premises, an Affidavit (Answer) with the Justice of the Peace in the Las Vegas Township, stating that you are not in default in payment of rent, that you have tendered payment, or that you are not guilty of unlawful Detainer." (NRS 40.253 and NRS 40.254)


PLEASE NOTE: The 4 or 5 days referred to in these Notices are Judicial Days, and do not include weekends, holidays, or the date of service.


IMPORTANT MESSAGE FOR LANDLORDS: If the Tenant does not file an Affidavit (answer) by Noon after the expiration of the 4 or 5 Day Non- Payment of Rent Notice, the Landlord must file Summary Eviction documents for the Eviction to proceed. The Landlord may not file the documents before the expiration of the applicable notice period. If the Landlord fails to disclose the Noon deadline in the Notice’s Tenant’s Rights’ Clause, they must wait until the business day following the expiration of the notice period to file.


If the Tenant files an Affidavit (answer) with the Justice Court contesting the Eviction, the Eviction may not proceed until a hearing is held. A hearing date will be set approximately  one (1) week from the date the Landlord filed the complaint for Summary Eviction. Both parties will be sent a Notice to Appear by mail.


The Tenant’s Affidavit (answer) expires 30 calendar days after the answer period allowed by the Notice.   If a Landlord Complaint is not filed within 30 calendar days after the expiration of the applicable notice, the notice will be considered expired and a new notice will be required before the Landlord can proceed with the Summary Eviction.


If the Landlord is advised by the Judge during the Eviction hearing that the Tenant has been given time to vacate the premises, the Landlord must notify the Court when the time has expired if the Tenant has not vacated.  Otherwise, the Eviction will not be processed.

Requirements for Service of Notice

The Landlord may prepare and serve his or her own notice, or may have a licensed private process server or the Las Vegas Constable’s Office prepare and serve the notice.  There is a fee for service by a licensed private process server or the Constable’s Office. The Las Vegas Constable’s Office is located at 302 E. Carson, 5th floor.


The notice must state the Tenant’s first name and last name, or business name, as well as the Tenant’s complete address including city, state and zip code.  The notice filed with the Court cannot be altered and must be an exact copy of the notice given to the Tenant. The Affidavit of Service section of the notice does not need to be completed on the form given to the Tenant, but must be completed on the original that is filed with the Court.


If the Constable’s Office serves or posts the notices for the Landlord, the Court requires that the Notices also be mailed to the Tenant on the same date.
If a licensed private process server serves or posts the notices on behalf of the Landlord, they are still required to mail a copy to the Tenant. The licensed private process server does not need to provide a Certificate of Mailing to prove that they have mailed the Notice, but their Affidavit of Service must indicate the date on which they mailed it.  The process server must provide their license number near their signature on the Affidavit of Service. Licensed process servers are not required to have a witness present when completing service.


IMPORTANT NOTICE: Although all process servers do not have to be licensed, if a private process server, who is required to be licensed (as defined in Chapter 648 of NRS), is not licensed, files a proof of service, the proof of service will be treated as legally insufficient by the Court and any resulting judgment based upon the proof of service of process is void.


If the Landlord or their agent, rather than a licensed Private Process Server or the Constable, serves the Eviction Notices, the Landlord or their agent must complete the service as described below depending upon how the service was completed:


Named Tenant Served In Person

Server and witness:

  • Serve the Notice on the Tenant;
  • Have the Tenant sign the Landlord's copy of the Notice. (If the Tenant refuses to sign, the server may note that the “Tenant Refused to Sign” on the line where the Tenant would sign the notice.)
  • The server and witness must sign an Affidavit of Service
  • It the Tenant refuses to sign the Notice accepting service, the server and witness signatures must be notarized or must contain a signed unsworn declaration that may be signed in place of having the document notarized.  (Notarization must be done before filing the Eviction Documents.)

Present a copy of the Notice and an original signature on the Affidavit of Service when filing for the Summary Eviction.


Service On An Individual Other Than the Tenant


If the server is unable to personally serve the Tenant, the server and the witness must complete the following:

Present a copy of the Notice, an original signature on the Affidavit of Service and Certificate of Mailing when filing for the Summary Eviction.


When Notice is Posted

If unable to serve the Tenant or occupant, Server and Witness must:

  • Post the Notice in a conspicuous place on the leased property;
  • Mail a copy of the Notice to the Tenant; (Obtain a Certificate of Mailing from the U. S. Post Office as proof of service/mailing. This is not the same as certified mail.)
  • Sign and have notarized the Affidavit of Service. In place of having the document notarized, it may contain a signed unsworn declaration.  (Notarization must be done before filing the Eviction Documents.);

Present to the Court a copy of the Notice, the Affidavit of Service with an original signature, and a Certificate of Mailing when filing for the Summary Eviction.

Filing Fees

A Filing Fee of $ 71.00 is required for a Summary Eviction case to be filed with the Court or any other “first document” being filed by the Landlord for an Eviction case.


Filing fees are due at time of filing. Payment may be made by cash, VISA©, MASTERCARD®, personal check, money order, or cashier's check. Please do not send cash through the mail.

Mandatory E-Filing of All Civil Cases Starting August 1, 2011

Starting August 1st, all documents to be filed with the Justice Court's Civil Division (except Judge's Orders for signature) are required to be electronically filed (E-Filing). Users may file through Odyssey E-File & Serve at http://wiznet.wiznet.com/clarknv/ for a charge of $2.50 for each document. This fee is in addition to any applicable Court filing fees. You must have a credit or debit card. The credit card company charges 8 cents (3% as a service charge) to E-File each document outside of the Regional Justice Center.



Users may E-File documents for free (but will still have to pay any applicable Court filing fees) at the scanning stations located in the Justice Court Clerk's Office on the 2nd floor of the Regional Justice Center, 200 Lewis Avenue in Downtown Las Vegas.


Cash, Checks or Money Orders will be accepted for court filing fees at the Justice Court Clerk’s Office on the 2nd floor of the Regional Justice Center.

IMPORTANT NOTICE:  E-Filing a Document Does Not Guarantee that it has been Successfully Filed with the Las Vegas Justice Court.

Although you have completed your form and “E-Filed” it with the Las Vegas Justice Court Civil Clerk’s Office, the document IS NOT CONSIDERED FILED UNTIL A STAFF MEMBER HAS REVIEWED AND ACCEPTED THE DOCUMENT.  Documents are reviewed by staff in the order they were received.   It MAY TAKE 24 – 36 HOURS TO PROCESS your document once it has been E-Filed with the Justice Court Civil Clerk’s Office, excluding weekends and holidays.   E-Filers will be notified by e-mail when their document has been either accepted or rejected.  Documents may be rejected because of failure to properly complete forms, use proper E-Filing codes, or many other reasons.  If the document is rejected, a REJECTION e-mail will be sent notifying that Submitter that the efiling item has been rejected.  To view the rejection reason, the Submitter must view their E-filing Queue under the Details link for the reason the document was rejected. 

To monitor the status of your document(s) submitted, you may wish to periodically check your E-Filing queue for the document’s status in “Details” link.

Please file your document(s) well in advance of any filing deadline.  If your document is rejected for any reason it will no longer be valid and will not be considered to have been filed.

A DOCUMENT IS NOT CONSIDERED FILED UNTIL IT HAS BEEN REVIEWED AND ACCEPTED BY A JUSTICE COURT CIVIL CLERK.  After Court staff has reviewed your document and has accepted it, A COURTESY E-MAIL WILL INFORM YOU THE DATE AND TIME THE DOCUMENT WAS FILED WITH THE LAS VEGAS JUSTICE COURT.



An email address is required to receive a file stamped copy of your document.
A free e-mail account may be set up at the Clark County Law Library located a 309 S. Third Street. Further information regarding the Law Library is available at 455-4696. You may also establish a free e-mail account through Microsoft at hotmail.com, Yahoo at mail.yahoo.com or Google at mail.google.com.


Additional information about E-Filing including instructions on how to register for and use E-Filing may be found at:  E-Filing & Serve

Timing of Filing

The Landlord may file the Summary Eviction Complaint after the Tenant notice period has expired.


When calculating the expiration of a Tenant notice, do not count the date the Tenant was served.


For notices with durations of 10 days or less, count each Judicial (Business) day only. Do not count weekends or holidays. Examples:


The tenant is served a 5 Day Pay or Quit Notice on a Monday where there are no holidays. The Noon Deadline for filing their answer is included in the Tenant’s Rights Clause. The Landlord may file their Eviction on the following Monday after Noon if the tenant was personally served and/or the Certificate of Mailing, if required is also dated the same date as when service was completed.


The tenant is served a 5 Day Unlawful Detainer Notice after a 3-Day Nuisance Notice was served over three days ago on a Saturday, when Monday is a holiday. The Landlord starts counting Tuesday as the first day of the five days that they must wait to file their Eviction. The earliest the Landlord may file their Summary Eviction, with a Certificate of Mailing, if required and dated the Saturday that the Notice was served, is on the following Tuesday.


For notices with durations of 11 or greater days, count each calendar day (including weekends and holidays). Example:


The tenant is served a 30 Day No Cause Notice on March 1. This notice expires on March 31. On April 1, if the tenant has not vacated, a 5-Day Unlawful Detainer Notice is served on the tenant and must follow the rules above for “durations less than 10 days” for when it will expire.


If a Certificate of Mailing is required, it should be dated the same date as the notice and when service was completed. If the mailing was delayed, the Landlord must wait the same duration to file their Summary Eviction with the Court. When the Landlord has delayed the mailing, the Clerk’s Office may request that the Judge review the case before the Summary Eviction is granted. Las Vegas Justice Court does not accept early landlord filings, pursuant to Las Vegas Justice Court Local Rule 34.


Unsworn Declaration may substitute for Notary:


If the Landlord prepares and serves the notice, or a third party (not a licensed process server or a Constable) performs the service or posting, a witness must be present at the time of service or posting.  The witness must sign the Affidavit of Service and have their signature notarized or must sign and date the unsworn declaration, “I declare under penalty of perjury under the law of the State of Nevada  that the foregoing is true and correct.”

Documents Required when Filing

The following documents are required to be completed to file a Summary Eviction with the Court:


Complaint for Summary Eviction . You must provide one original and one copy at the time of filing. 

  • Signature of the affiant must be either notarized or the affiant must sign an unsworn declaration.
  • Tenant name and address listed on the complaint must match the notice exactly, including all references to other occupants and include the city, state and zip code as reflected on the notice.

Legible Copy of Lease Agreement, if one exists, on 8 1/2'”x 11” paper must be provided with the Complaint.


Tenant Notice(s) and Proof of Service.  Notice may be a copy, but the signatures of the server and witness, if applicable, must be original on the Affidavit of Service.

  • Notice must be typed or clearly legible.
  • Notices may not be altered in any way.
  • Notices must advise the Tenant the Las Vegas Justice Court has jurisdiction over the matter.  Notices that merely refer to “the justice of the peace,” or “Clark County Courthouse,” or some other nonspecific designation will not be valid.
  • Notices must either be notarized or contain the unsworn declaration signed by the server and witness.
  • If the Constable’s Office served the notice, the Landlord must pick up the Notice from the Constable’s Office before filing with the Court.

(Please see Eviction Notice type and Requirements for Service sections)

  • Certificate of Mailing. (Obtained from the U. S. Post Office as proof of service/mailing. This is not the same as certified mail.)

 Submit one legible copy per complaint.

  • Where required by law, a legible certificate of mailing that contains the complete address of the Tenant and a legible postmark from the United States Post Office.  (A postage meter or private mail service will not be accepted.)
  • If the certificate of mailing is less than 8½ by 11 inches, it must be mounted or copied on 8½ by 11-inch paper.
  • No alterations to the certificate of mailing can be made.

Constable’s Instructions. Submit original.  The clerk will return this document to the Landlord with the case number stamped on it.

  • Tenant Name and Address must match the notice exactly.
  • Address to be evicted must include city, state and zip code.

Constable Posting of the Summary Eviction Order

Once the Summary Eviction is granted, the Court will transmit the Eviction Order to the Las Vegas Constable’s Office on the same or next business day.
The Landlord must take the Constable’s Instructions to their Office at 302 E. Carson Ave., 5th floor, Las Vegas, NV 89155 and pay for the posting of the Order, and for the Constable to return on the next business day to perform the lockout of the Tenant.

Other Tenant Actions That May Delay the Lockout of the Tenant

After the Order for Summary Eviction has been posted, the Tenant may file a Motion to Stay the Eviction or an Appeal that delays the lockout or may rescind the Eviction. If the Constable does not arrive on the day expected for the Lockout, use the On-Line search to determine if the Tenant has filed either of the documents. If one is filed, continue to monitor the case On-Line to determine if a hearing has been set or another decision has been made by the Judge.


The Motion to Stay the Eviction is sent to the Judge for review the day after it is filed. The Eviction is stayed until the Judge reaches a decision. If a hearing is set, parties will receive a Notice to Appear. The Notice to Appear will be sent by mail; the parties must appear in Court in person for the hearing.


For Appeals, Las Vegas Justice Court has up to 20 calendar days to transmit the case file to District Court. Landlords may file a motion in Justice Court to increase the Appeal bond if the monthly rent is greater than $1,000. All other motions or pleadings from the Landlord should be filed in District Court after the case has been transmitted to them and a new case number has been assigned.

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Las Vegas, NV 89155

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