In Las Vegas, the eviction process is governed by Chapter 40 of Nevada's Revised Statutes.
Chapter 118A of Nevada's Revised Statutes governs landlord-tenant law throughout the state and in the city of Las Vegas. Chapter 40 explains tenant's rights with respect to the eviction process. Pursuant to Nevada's Revised Statutes, landlords must follow specific procedures when attempting to evict a tenant. Nothing in a lease agreement can negate these requirements.
Tenant's Rights
Pursuant to Section 118A.290 of Nevada's Revised Statutes, tenants have the right to habitable conditions. This means that landlords must keep rental premises in decent repair and in compliance with local building codes. Section 118A.300 states that tenants are entitled to written notice of a rent increase; the written notice must be delivered 45 days before the increase begins. Section 118A.510 explains that a landlord cannot retaliate against a tenant by evicting him if a tenant complains about a housing code violation. Section 118A.390 states that a tenant may receive damages if a landlord refuses entry to an apartment in bad faith.
Reasons for Eviction
According to Section 40.253, tenants can be evicted for non-payment of rent. Section 40.2516 gives landlords the right to notify tenants of potential eviction proceedings if a tenant is in violation of any terms in the lease agreement. Violations of a rental agreement including subletting and causing a nuisance are considered "unlawful detainer." Unlawful detainer means a tenant is unlawfully possessing a rental unit when in violation of lease terms.
Eviction Procedure
Pursuant to Section 40.2516, a landlord must give a tenant five-day notice for a violation of lease terms. Section 40.2512 states that a landlord is required to give a tenant five-day notice if a tenant has neglected to pay rent. Tenants can cure the problem within five days by paying rent or by complying with lease terms. Tenants with "at-will" tenancies are entitled to a five-day notice; tenants with week-to-week tenancies are entitled to a seven-day notice.
Other Considerations
In Nevada, landlords are required to give tenants notice before beginning eviction proceedings. Pursuant to Section 40.253(5), a landlord may begin eviction proceedings when a tenant is in noncompliance with a notice. To begin the eviction process, a landlord must file a complaint for eviction in a court of the township in which the rental premises are located. When a court grants an order of eviction, a sheriff may physically remove a tenant from a rental unit.
Tags: Nevada Revised, Nevada Revised Statutes, Revised Statutes, Section 118A, eviction proceedings
