Summary Evictions - Tenant

The Las Vegas Township Justice Court accepts all summary evictions within the Las Vegas Township. To process a response to 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 response must be filed in that court.

This information is intended to help Tenants respond to Summary Evictions with the Justice Court, Las Vegas Township. For questions not addressed in this material, the Court suggests you contact an attorney, or research the question at the Law Library. The 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 5:00 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 through 5:00 pm. Customers wishing to file documents after 5:00 pm; are encouraged to use the Court's Document Drop Box located in the Courthouse Lobby. The information number for the Civil Division is (702) 671-3478 for local calls, and (877) 455-1289, option 4 for long distance.

All Tenants must prepare their own Response to Summary Eviction Documents.  The Court no longer prepares documents for customers.

• Eviction Notice
• Motion to Stay - Evictions
• Motion for Return of Personal Property - Evictions
• Filing Fees
• After Hours Filing
• Civil Records

Eviction Notice

This information is intended to help TENANTS respond to Summary Evictions with the Justice Court, Las Vegas Township. For questions not addressed in this material, the Court suggests you contact an attorney, or research the question at the Law Library.

Upon receiving an Eviction Notice stating, that you have the right to contest the Notice by filing an Affidavit (Answer) with the Justices of the Peace, Las Vegas Township, saying that you are not in default of payment of the rent or in violation of the lease; come to the Justice Court Clerk's Office to file the necessary documentation. 

IMPORTANT: YOU MUST APPEAR PRIOR TO THE EXPIRATION OF THE TIME SHOWN ON THE NOTICE.

Bring your Notice and ALL other documents to the Court prior to the date and time shown on the NOTICE.

Motion to Stay - Evictions

Pursuant to the Judges’ direction at the January 2004 Judges’ Meeting, tenants will no longer be allowed to file multiple motions to stay after a summary eviction or formal civil eviction has been granted.  Instead, the tenant will now be able to obtain a stay in one of two ways:

(1) THE TENANT MAY FILE ONE MOTION TO STAY

The tenant will be allowed to file ONE Motion to Stay only. If the Motion is approved by the Court, the Court will stay the execution of the judgment for a period not to exceed 10 days (pursuant to NRS 70.010(2)).  Motion to Stay - Eviction documents are available on the court's FORMS page under the "Summary Eviction Forms - Tenant" category, or by using the following link; Motion to Stay Eviction.

If the tenant wants an additional stay, he must file an appeal and comply with the appropriate rules for the appeal stated below.The tenant will not be allowed to file additional motions to stay.  Court staff may reject such filings and instruct tenants that their only remedy is to file an appeal.

(2) THE TENANT MAY FILE AN IMMEDIATE APPEAL

(A) Summary Eviction Cases

The tenant may obtain an immediate stay by filing an appeal and a $250.00 bond with the Court. 

Note:            In an action concerning:(a) A lease of commercial property; or(b) Any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on appeal.

 

A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal must pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new summary eviction proceedings by serving the tenant with a new notice pursuant to NRS 40.253.

(B) Formal Civil Evictions

Pursuant to NRS 40.380, either party may, within 10 days, appeal from the judgment rendered.  However, an appeal by the defendant will not stay the execution of the judgment, unless, within the 10 days:[The Defendant] shall execute and file with the court or justice his undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed. [Emphasis added]

Motion for Return of Personal Property - Evictions

To obtain the return of personal property, the tenant (defendant) should prepare a Motion for Return of Personal Property.  If the Motion is filed within 20 calendar days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, the court will set the Motion for Hearing.  This Hearing must be set within ten (10) days of the date the Motion is filed. [NRS 40.253 (7)]

Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460, and any accumulating daily costs; and

(b) Order the release of the tenant's property upon the payment of the charges determined to be due or if no charges are determined to be due. [NRS 40.253(8)

If the Motion for Return of Personal Property is filed 20 days after [emphasis added]...the summary order for removal of the tenant or the abandonment of the premises by the tenant...; the Judge must approve or deny the motion. 

The tenant (defendant) may be responsible for costs of property removal and storage.  The amount of which to be determined at the hearing.  For more information you should consult an attorney, or research the matter at your local Law Library. Court employees are prevented by statute from providing legal advice.

Motion for Return of Personal Property - Eviction; documents are available on the court's FORMS page under the "Summary Eviction Forms - Tenant" category, or by using the following link; Motion for Return of Personal Property.

Filing Fees

A Filing Fee of $ 33.00 is required for an Affidavit (Answer) to be filed with the court. Upon filing the Affidavit, a court hearing date is set 3 judicial days in the future for a Judge to consider the matter. The summary eviction may not proceed until after the Hearing.

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

After Hours Filing

The Court has provided a Drop Box that is available during the day and after court business hours for customers to leave documents not needing immediate attention.  The Drop Box is located in the lobby of the Clark County Regional Justice Center.  The amended Rule 5 defines the papers eligible for filing through the Drop Box as all papers and pleadings, including but not limited to, motions, oppositions, replies, affidavits, and points and authorities.  This includes filings where the filing fees are paid by check.  No cash for Fee payments will be accepted.

The Box includes a file clock to date and time stamp the documents.  All documents, including copies, must be “received stamped,” paper clipped, and placed into an envelope or mailbag before being deposited.  This will ensure documents are not misplaced or inadvertently attached to other documents. 

Documents placed in the drop box shall be deemed filed as of the date and time stamped on the paper or pleading.  However, if a document is placed in the drop box without being date and time stamped, that document will not be deemed filed until it is date and time stamped by the clerk’s office.  Such documents will be time stamped with the next judicial day’s date.  In addition, if a document is placed in the drop box, and the justice court clerk’s office determines that the attempted filing is defective based on the absence of filing fees or based on any other legitimate reason, that document will not be deemed filed until the defect has been cured.  All incorrect filings will be returned for correction.  Justice Court is NOT responsible for any documents placed in the Drop Box which are lost, stolen misplaced, or destroyed.

Civil Records

At present, access to Civil Case Records, information on Defendants or documents Filed with the Court, are not available through the internet.  Civil Record information is available in person by visiting the Las Vegas Justice Court Clerk's Office located on the Second floor of the Regional Justice Center, 200 Lewis  Avenue, Las Vegas NV, 89101. Customer hours are 8:00 am to 5:00 pm, Monday thru Friday, excluding holidays.

Record searches requested by mail should be sent to: Las Vegas Justice Court; Att. Civil Records Office, P O Box 552511, Las Vegas, NV  89155-2511.  For faster mail service, include a self-addressed, stamped envelope. Please allow between 21 - 30 judicial (working) days for a response.

All Civil Cases filed before 2004 are stored in a warehouse.  A minimum of 3 - Working Days is required to order and receive these cases.  If possible, we recommend anyone requesting documents FAX their request to the number below.  Please include the Plaintiff and Defendant Names, Case Number, and type of documents you need.  If you provide a telephone number or FAX number, the court will notify you when the documents are available.

Fax requests for Civil Case Records may be submitted to the Civil Records Office at: 702-382-4708 or 388-4461.

By Statute, customers must pay the required research Fee for record search requests where the Defendant Name or Justice Court Civil Case Number are not provided..  The Fee is $1.00 per Year searched per Name.  Customers should specify the number of years they wish the record search to cover.  To ensure complete coverage of the search, please provide the following information:  the full name of the Defendant (Last, First, MI); Date of Birth; Social Security Number; etc.

The Fee payment should be made to the "Las Vegas Justice Court."  Please use a check or money order for the payment.  Do not send cash through the mail.  Any unused portion of the payment will be refunded.

Please be aware, if the records are being used for legal purposes, you may wish to have the court "Certify" the documents as true and correct copies.

Fee payments are required for document copies and Certification of Records.  The Fee for a Certified Copy of a document is $3.00; and the copying Fee is $ .30 per page.

To expedite return of documents, we suggest sending $5.00 to $10.00 by check or money order for the Fee payment.  All unused overpayments will be refunded.

REMEMBER!  If you mail payments and/or documents to the court, to ensure your actions are properly credited, ALWAYS include the case number, AND be sure to put the case number on the check or money order. If you wish a receipt showing that the payment was processed, you MUST INCLUDE a self-addressed stamped envelope.