Nevada Eviction Laws – Simple Overview on Evictions
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The Nevada eviction laws can be found in chapter 118A and chapter 40 of the Nevada Revised Statues (NRS) in regards to dwellings and actions and proceedings in cases concerning property respectively. Under these chapters, you will find all the rules and regulations on landlords-tenants relationship. These include the obligations of the landlord and the tenant, their respective rights, rental agreements, solutions and actions to pursue.
The eviction laws fall under the remedies section of chapter 118A while they are the general discussion in the whole of chapter 40. In this provision you will find what type of actions warrant an eviction which steps you take to protect your property and your rights.
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Landlord Protection
The eviction laws were made to protect the landlord from uncooperative tenants. An eviction is a legal process in which a landlord removes a tenant from a rental property. ... Most states require the landlord to give notice to the tenant to clear up the issue or leave the rental property before the legal eviction process can begin. A landlord can choose to use either the summary or the formal eviction process. In some cases the landlord will be bound by the legal process on which procedure he/she will follow depending on the circumstances.
Each of these processes have their advantages and disadvantages. Because of its simplicity and timeliness, most landlords will go for the Summary of Eviction Process which is applicable to all evictions except eviction cases after a foreclosure or sell of the premises, eviction of commercial tenants on reasons other than nonpayment of rent and eviction of mobile home tenants who rent space. The formal eviction process is mostly preferred if you are seeking for some monetary compensation for some damage to the property.
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There are many circumstances that can lead to a tenant’s eviction. The first and the most common is default of rent payment. The laws that deal with nonpayment of rent are NRS 40.2512 and NRS 118A.430. In both of these regulations, a landlord can initiate an eviction by serving an eviction notice if the tenant goes against the lease agreement by defaulting from paying rent. Another action that can warrant an eviction is continued occupancy after the expiration of the lease term. This is well stipulated under NRS 40.250 which clearly states that a tenant can be served with an unlawful detainer if they continue occupying the property after expiry of their lease period. An unlawful detainer is a notice that is usually served to a tenant if their occupancy is considered illegal.
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A tenant can be forced to vacate the premises if they go against the lease agreement. The lease agreement is the binding document between a landlord and a tenant. Just like any other agreement, any defaulting has consequences for any of the involved parties. One of these consequences for the tenant is eviction. Actions against defaulting of the lease agreement can be found under NRS 118A.430 and under NRS 40.2516.
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Basically, all actions that warrant an eviction are actions against the lease agreement but these clauses cover those actions that have not been specifically mentioned elsewhere in the Nevada Revised Statues. This is because these agreements are usually different depending on the persons involved and therefore the NRS cannot cover every action, thus the generalization. Of course, the court will have to verify if the accusations against you are real before an eviction can be justified.
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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”.
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