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The Evictions Process

The Evictions Process

Evictions
All evictions must begin with a NOTICE. There are several types of notices to choose from. You may not always be able to use the quickest notice available. You must choose one that applies to your specific situation. There are separate notices and processes for manufactured homes and non-manufactured homes.  An eviction may cost $200 or more from start to finish, depending on the circumstances. Evictions may take anywhere from 10 to 180 days, depending on the circumstances of the case. You may use the Constable's Office or a licensed process server.

Nevada Revised Statute 118A.390 makes it illegal for a landlord to use "self-help evictions" to carry out an eviction.  For example, a landlord cannot change out a tenant's locks without the involvement of the Court, the Sheriff, or Constable.  A landlord cannot try to force the tenant off the property by making living conditions "unbearable."

Foreclosures

Pursuant to NRS 40.255, evictions following the foreclosure of residential property have special procedural requirements.  The Constable's office may not provide legal advice on this process.  Forms for post-foreclosure cases may be obtained at the Civil Law Self Help Center or through an attorney.  The summary eviction process is NOT authorized to evict the former owner of the property or the tenant of the former owner of the property.  To ensure you are following these specific statutory requirements it is recommended you seek the advice of an attorney in carrying out this type of eviction.  

GENERAL INFORMATION FOR NOTICES

The numbers of days listed for each of these notices are BUSINESS days and not calendar days.  Please note that the day of service does not count as one of the days. 

Example (7 day pay or quit): You come to the Constable's Office on Monday (10/19/2020). We serve the paper on Tuesday (10/20/2020). Tenant has Wednesday (10/21/2020) through Monday (11/2/2020) of the following week to file an answer to the notice. You return to our office on Tuesday (11/3/2020) to continue the eviction process.  The actual return date will be printed on your receipt given to you by our office.  You may return to our office after the posting of the notice to pick up the notice, but you cannot file it with the court until the appropriate number of days has passed or you may have to start the process over again.

The Civil Law Self-Help Center website is a wealth of knowledge for those who need assistance or guidance in the process.  All forms, and explanations of what to expect in each process, are available on their website.  A brief synopsis of the different notices is included below for your convenience, and each excerpt taken directly from their website.  Information is subject to change as Nevada Revised Statutes change. 

Forms for the formal eviction process for manufactured (mobile) homes are available from the Nevada Supreme Court Law Library website.

The Civil Law Self Help Center offers flowcharts on their website that provide a comprehensive overview of the process that may be helpful to you.

YOU MUST USE CARE TO ENSURE YOUR CIRCUMSTANCES MEET THE CRITERIA FOR THE SPECIFIC TYPE OF NOTICE YOU ARE REQUESTING.  YOUR FAILURE TO DO SO MAY RESULT IN THE COURT REJECTING YOUR NOTICE AND CASE.  IF YOUR CASE IS REJECTED BY THE COURT YOU MUST START THE PROCESS OVER AGAIN. 

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