Many of our clients are from out of town and are not completely clear on the rules and laws in Nevada regarding lockouts and evictions. Individual counties have their own ways of dealing with it as well. You have to be sure you’re following the law when your tenant isn’t paying rent.

When the Rent is Late

When your tenant does not pay their rent, the first thing that happens is we’ll serve what is called a Five Day Notice to Pay or Quit. This basically tells the tenants they have to pay the rent or move out.

There are several modes of service to be observed on this. Normally, a notice is posted on the tenant’s door and a mailing of the same notice is sent by certified mail so we have proof that they were indeed served. After the five judicial days plus the three you have to allow for mailing, we can move forward and proceed with the following:

  • Filing an Affidavit
  • Scheduling a Hearing if the tenant contests

Every now and then, we have a tenant who will try to fight the process and will use any excuse they can possibly think of. When they do contest, it will automatically go to a hearing.

Hearing and Court Process

If you are an out of state owner, the hearing can be hard, as you will need to be present and appear before the judge. At Action Properties, we can do all that for you. We appear in court with all the necessary paperwork and handle the hearing and any further court appearances. Normally, this is a standard procedure but there are times where the judge may request additional documents and we will have to come back to court, but that is not often.

A judge will give a set amount of days for the tenant to pay before the lockout occurs. We can then file another affidavit that the judge will immediately sign. We then take it to the Sheriff, who will accompany us to the property to prepare for the lockout.

What Does Lockout Mean?

Once the Sheriff accompanies us to the property, we begin the process of locking the tenant out. We do physically go inside the property and change all the locks so the property is secure. We will arrange for the tenant to move their things out immediately and we will hopefully get you a better tenant to replace the one who refuses to pay rent.

The lockout process can be a stressful one for landlords, especially those who are out of state. The whole idea of having to go to court with all the necessary paperwork and documents can be time consuming and overwhelming. That is why we strive to provide these services to our clients. We want to be sure:

  • Rent is paid
  • Property is secure
  • There are good tenants occupying the property

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We cannot promise a tenant is always going to pay on time, but when they don’t, we are always ready to proceed with whatever needs to happen. If you have any additional questions on the lockout process, please feel free to contact us at Action Properties.

 

Posted by: T Tran on November 22, 2018
Posted in: Uncategorized