Evictions FAQ

There are basically six steps in summary eviction proceedings in the Las Vegas region:

1. All summary eviction proceedings begin with the service of a notice. Choose the most relevant from two main protocols: A) non-payment of rent, or B) lease violation(s)/nuisance. Click here to learn more about the notices.
2. Once you’ve identified the best notice for your needs, contact your LPS eviction specialist for assistance with preparation and service of the notice.
3. Some notices also require preparation and service of a second notice, the Five Day Notice of Unlawful Detainer.
4. Once the mandatory time allowed for each notice has passed, you can continue with document preparation and filing the Complaint for Summary Eviction. Work with your LPS eviction specialist to make sure your proceedings stay on track.
5. Should your tenant contest the eviction, a hearing will be scheduled and must be attended by the landlord and/or the landlord’s agent or legal representative. LPS eviction specialists cannot serve as your legal representative. See the question “What can a landlord expect after the service of a notice?” for details on how to proceed.
6. The landlord and/or agent or legal representative must coordinate the lockout with the constable. The constable will call the responsible party to schedule a date and time for the tenant lockout. 

LPS’s routine handling of all notice requests are completed within 24 hours. However, this is dependent on our clients’ timely review and return of all prepared notices. Regarding lockout filings with the court and constable, clients can expect a routine window of 48 hours / 2 business days. LPS also offers a “rush” turnaround; additional fees will apply.

It’s important to remember that, once the tenant has been served with the notice, they have the right to file an answer with the appropriate Justice Court. In addition, a tenant can file for a stay once the actual Complaint for Summary Eviction has been filed with the court. See the question about tenants’ rights for more information.

Should the tenant file an answer in opposition to the service of a notice, the landlord can expect to be notified of a court hearing. Prior to this hearing, the Affidavit of Complaint for Summary Eviction must be filed with the court. It’s important that the landlord or their agent or legal representative be present at the hearing, where a decision will be rendered by the court regarding the status of the eviction. It’s also important that the landlord or agent follow up with their LPS eviction specialist regarding the court decision so that further steps can be taken as needed.

LPS’s fees for document preparation and service of a notice are quoted upon request and based on the location of the leased property. Fees cover document preparation, service of process (within 24 hours of request), mailing, and a notarized Affidavit of Service. LPS also offers expedited/rush handling for all requests; additional fees will apply.

LPS’s fees for eviction lockout filings include document preparation of the Complaint for Summary Eviction and Order and Instructions to the Constable, court filing fees, constable fees, and court/constable runs. All eviction requests are filed in a timely manner and in the order in which they are received. Please allow 48 hours / 2 business days to process your eviction documents.

Yes, tenants have rights. When a notice is served, your tenant’s rights state that they can contest the notice with the Justice Court from the moment they receive the notice. Their reasons can vary, but they must file their Tenant’s Response with the Justice Court of jurisdiction. If the Tenant’s Response is approved, a hearing will be scheduled. Your tenant can also contest the 24 Hour Lockout Notice, which is posted by the constable. This notice is posted 24 hours before the constable returns to the property to do the eviction lockout/lock change.

Illegal lockouts and service termination:

Nevada law prohibits landlords from changing a tenant’s locks at will and without a court order. Additionally, landlords cannot make living conditions unbearable for tenants in an effort to force a tenant from the leased property (NRS 118A.390).

The landlord must store the tenant’s property for thirty (30) days. The tenant can make arrangements to remove their belongings with the landlord during this time. The landlord cannot charge back rent for storage; however, a “reasonable” storage fee can be assessed. The landlord must notify the tenant of their intentions to dispose of the property after 30 days. Notification must be made in writing and sent via certified mail by the fifteenth (15) day after the eviction lockout. If you choose, you may contact a storage company to have the tenant’s property inventoried and stored.

It has been our experience that completing the eviction process, including the lockout, is best. A completed eviction filing provides court documentation to support the landlord’s possession of the leased premises.

If your tenant pays and/or you have reached an agreement with your tenant to let them stay, contact your LPS eviction specialist immediately to confirm the status of your summary eviction. If all of the documentation has been filed and case is closed, you must wait for the constable / deputy to call to schedule the lockout. The constable’s office cannot accept eviction cancellations via phone/fax. You must notify the constable / deputy when they call to schedule the lockout that you wish to cancel it.

LPS will be happy to assist with the document preparation and filing of the Complaint for Summary Eviction after your own preparation and service of the summary eviction notice. However, LPS does not refund fees charged for eviction filings that are rejected by the court for reasons of faulty notices and/or service procedures of such notices.

For eviction proceedings on foreclosure properties, LPS recommends that all landlords and/or agents for landlords seek legal advice.