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Unlawful Detainer

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    Unlawful Detainer

    An unlawful detainer, or eviction, is often necessary to extricate a former tenant or property owner from a residential or commercial property after a short sale or foreclosure. It’s common for this process to be complicated, but an experienced real estate litigation attorney can help. As a property owner or landlord facing an unlawful detainer lawsuit or eviction of a foreclosure or short sale tenant or renter, it’s vital that you understand your rights and seek representation by an attorney.

    Nevada Eviction Process

    In Nevada, eviction is a time-consuming process that requires filing a lawsuit or Unlawful Detainer action. The first step is ensuring you have a valid reason for evicting a tenant or former owner.

    The tenant must next be served with appropriate notice. If the tenant is being evicted for failing to pay rent, a three-day notice of rent due is required. If the tenant is being evicted from a month-to-month lease, a 30-day notice is required. This notice is extended to 60 days if the tenant has lived in the space for over a year.

    After the notice expires, a lawsuit must be filed. Three forms must be filed with the court: an Unlawful Detainer Complaint, a pre-judgment Right of Possession form, and a civil case cover sheet. Once the tenant is served, the tenant has 5 business days to file a response. If this does not happen, you can request a default judgment from the court. You or the tenant can request a trial date, usually 20 days after the request. If the judge rules in your favor, the court issues a Writ of Possession that gives the sheriff authority to physically remove the tenant from the property.

    Unlawful Detainer Action in Nevada

    To evict a tenant from a commercial or residential space, a property owner or landlord must initiate an eviction proceeding or file an Unlawful Detainer action. This action is an accelerated action to recover possession of a leased or rented property. This type of action usually happens when a tenant stays after a lease is up or canceled or the landlord believes the tenant has not paid rent. Unlawful detainer actions are also used to evict the former owner when the property is sold through an execution sale, foreclosure, or under a power of sale in a deed of trust or mortgage.

    Unlawful detainer cases happen very quickly and usually give the defendant just 5 days to respond. A trial may occur 20 days after this. In most cases, the defendant cannot file a cross-complaint.

    Contact an Unlawful Detainer Attorney in Las Vegas

    Even minor mistakes can cause you to lose time in recovering rent or possession of the property. The eviction process in Nevada is very complex and convoluted, but an experienced attorney can assist with evaluating your unlawful detainer case, preparing your legal documentation, preparing notices to quit, and representing you throughout the process. Contact Las Vegas Bankruptcy Lawyers today for a free consultation with an unlawful detainer lawyer in Nevada to discuss your case.


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