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Nevada Homestead Law

Nevada Homestead Law

Pursuant to Nevada Revised Statutes 115, homestead laws, the equity in your home is protected in Nevada up to $550,000 from general creditor claims.  These claims can include such debts as unpaid medical bills, credit card debts, business and/or personal loans and most debts.  By simply recording a declaration of homestead with the county accessor in which you reside, you can protect your home from debt collectors.  Filing the homestead will protect your principal residence up to the statutory maximum. Investors are excluded. If the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.  Homestead law protects the equity in your home. 

Homestead Form and Where to File

Perfecting a homestead and protecting your home from creditors is simple in the state of Nevada. All you need to do is to Complete the Homestead Declaration form. Make sure to print the form in black ink and print legibly or use the fillable link below to type the form and print.  If you use the form, do not let the text extend beyond the one-inch margins on all sides of the form.  You will need to sign the form in presence of a Notary Public and take the form the Clark County Recorder to have the document recorded.  You can go the Main Office located at 500 S. Grand Central Pkwy. 2nd Floor, Las Vegas or you can mail it along with appropriate fees and a return post paid envelope.   For more information, call the Recorder’s Office at 702-455-4336 or visit their website at www.clarkcountynv.gov/recorder.  Below is a copy of the form and a link to the fillable PDF. https://files.clarkcountynv.gov/clarknv/Assessor/STATISTICS/DeclarationOfHomesteadForm2010.pdf?t=1612316503275&t=1612316503275 

DECLARATION OF HOMESTEAD FOR RECORDING                                     

Assessor’s Parcel Number (APN): __________________________________________________________ or 

Assessor’s Manufactured Home ID Number: __________________________________________________________ 

Recording Requested by and Mail to:

 Name: ____________________________________________________ 

Address: __________________________________________________ 

City/State/Zip: _____________________________________________ 

Check One:    Married (filing jointly)  Married (filing individually)    Widowed    Single Person     Multiple Single Persons    Head of Family By Wife (filing jointly for benefit of both)       By Husband (filing jointly for benefit of both)     Other (describe): ________________________________________________________________________ 

Check One: 

Regular     Home         Dwelling/Manufactured Home         Condominium Unit                            Other

 Name on Title of Property: _________________________________________________________________________________________ 

do individually or severally certify and declare as follows: 

_________________________________________________________________________________________

 is/are now residing on the land, premises (or manufactured home) located in the city/town of

 ____________________________, county of ______________________________, State of Nevada, and more particularly described as follows: (set forth legal description and commonly known street address or manufactured home description) _________________________________________________________________________________________ _________________________________________________________________________________________ 

I/We claim the land and premises hereinabove described, together with the dwelling house thereon, and its appurtenances, or the described manufactured home as a Homestead. 

In witness, Whereof, I/we have hereunto set my/our hands this ______ day of ______________, 20___ ________________________________________ ________________________________________ 

Signature Print or type name here                              Print Name Here 

 ________________________________________ ________________________________________ 

Signature Print or type name here                               Print Name Here 

STATE OF NEVADA, COUNTY OF _____________________    This instrument was acknowledged before me on ____________ (date)  

By _________________________________________

        Person appearing before notary.

 _________________________________________                                                NOTARY SEAL

Person(s) appearing before notary. 

___________________________________________

Signature of notarial officer Notary Seal 

CONSULT AN ATTORNEY IF YOU DOUBT THIS FORM FITS YOUR PURPOSE. NOTE: Do not write in 1-inch margin. Revised Sept. 2019

What is not protected are debts secured by a mortgage, a deed of trust, payment of taxes, IRS lien, mechanic’s lien, child support or alimony payments and your association assessments: The statute listed below states that any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restrictions, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070 is not exempted by the homestead statute. The statute does have exclusions which include the mortgage on the property or contractual liens that exclude the homestead exemption.

  NRS 115.010  Exemption from sale on execution and from process of court; amount of exemption; exceptions; extension of exemption.

      1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $605,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 by both spouses, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1965, 281971, 5751975, 2159811977, 93314921979, 9841981, 6251983, 1046621985, 131989, 36461991, 5791995, 2251997, 34192003, 87910082005, 101022262007, 20530262017, 7812019, 290)

      NRS 115.020  Declaration of homestead: Contents; recording; notice required of person who charges fee for recording declaration; rights not extinguished by certain conveyances; rights of trustee; penalty.

      1.  The selection must be made by either spouse, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 115.025.

      2.  The declaration must state:

      (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

      (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

      (c) When made by any claimant under this section, that it is their or his or her intention to use and claim the property as a homestead.

      3.  The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

      4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

      (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

      (b) The person may record the declaration of homestead on his or her own behalf.

 The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

      5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by the trustee, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

      6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1971, 5751983, 6621985, 131995, 2262009, 452017, 782)

If you have any questions regarding the filing of a homestead, please call our office.  If you have not filed a homestead on your primary residence, I urge you to take this simple step to protect your home today.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

DEBTOR RIGHTS IN NEVADA

This blog is a brief overview of what the Fair Debt Collection Practices Act is and how it applies to consumers.  https://www.ftc.gov/news-events/media-resources/consumer-finance/debt-collection .   The ACT can be found at 15 U.S. Code § 1692. https://www.govinfo.gov/content/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap41-subchapV-sec1692e.pdf 

What Type of Bills and Debts Are Covered?

Almost all types of consumer debt is covered by the Fair Debt Collection Practices Act. This would include your personal credit cards, automobile loans, medical bills, student loans, mortgages, short term loans, and any other household debts that are owed. It is important to note that business debts are not covered by the Fair Debt Collection Practices Act. Only personal debts.

Times and Place That Debt Collectors Can Contact Consumers

A debt collector cannot call you at any time they want or at any place they want. They are not permitted to contact you at inconvenient times or places. In fact, they are not permitted to call before 8 AM or after 9 PM.  Therefore, if you receive calls from debt collectors outside of those times, they are violating the Fair Debt Collection Practices Act. Also, it is very important to note that they are not allowed to contact you at work if you advise them not to call you at your place of work. So, if you are at work and you receive a call from a debt collector, you need to immediately tell them that they are calling you at your work and that it is not permitted.   Advise them not to contact you again at work and document the call. Take a screen shot of the call log and if they call you again do the same.

Ways to Stop Debt Collectors from Contacting You

It is important to note that the collectors can still use the courts and file a civil lawsuit against you if the debt is not too old and the debt is owed.  However, they must not contact you to try to collect a debt in inappropriate ways. If you want them to stop calling you, send them a letter. It is best to have proof the letter was sent either by fax or certified mail with a return receipt. When a debt collector receives a letter from a consumer, they must stop contacting you by phone. They can still file a civil lawsuit, but they cannot continue to call and harass you after they receive the notice. Also, if you are represented by an attorney and you advise the debt collector that you have hired an attorney regarding the debt, the debt collector must only communicate with your attorney from that point forward. Many debt collectors ignore this as has been the experience of our office. If you do not believe that you owe the debt, send them a letter immediately advising that you dispute the debt that they are claiming that you owe. If you are not sure of the debt for which they are calling, they must give you the information regarding the origination of the debt. Be very careful to never share any personal or financial information with the debt collector because they often engage in illicit practices.

Debt Collectors Cannot Contact Third Parties About Your Debt

Debt collectors are prohibited by that Fair Debt Collection Practices Act from discussing your debt with anyone else except you, your spouse or your attorney if you are represented. They are permitted to contact people you know to obtain your address or phone number, but they cannot discuss the debt with those people.

The Debt Collector Must Be Truthful and Give You Information About the Debt

The law requires the debt collector must send you a validation notice within five days of their first contact with you. The notice is required to state the amount of the debt that is owed, the name of the creditor who is owed the money, and instructions for you to refute the debt if you do not believe that you owe that particular debt.

You Believe You Do Not Owe the Debt

Debt collection agencies are hired by creditors to obtain money that is believed to be owed.  The debt collector receives a small percentage of the amount they recover. Debt collectors generally have very little information about the validity of the actual debt itself. If you do not believe that you owe the debt, send the debt collector a letter.  It is important to make sure you have proof that it was sent either by fax or by certified mail.   Advise the debt collector that you do not owe the debt and to stop contacting you.

Debt Collectors Are Prohibited from Engaging in Certain Conduct

Debt collectors will use all sorts of illicit tactics to attempt to get people to pay money even if they do not owe the debt. There are specific things that they are not permitted to do by the statute, but often continue to engage in. The following is a short list of specific practices that debt collectors are not allowed to do when trying to collect money that is owed:

1. They are not allowed to use any obscene or profane language when speaking to you;

2. They are not allowed to threaten you or your family with violence or harm in anyway;

3. They are prohibited from repeatedly calling you to annoy you;

4. They cannot lie about the amount of the debt that you owe;

5. They are prohibited from claiming that they are attorneys or government representatives. We see this frequently in our practice. A debt collection agency will send a letter and use a law firm name at the top. When we contact the alleged law firm, they have no record of the debt or the attempted collection;

6. They cannot claim or make false assertions that you would be arrested, or some other legal action taken against you that is not allowed in order to attempt to coerce you to pay the debt;

7. They are also prohibited from attempting to collect interest fees or charges on top of the amount owed unless whatever contract the debt stems from allowed for such costs;

8. They are prohibited from asking you to send a post-dated check meaning a check that is dated at some time in the future for them to deposit to collect the debt;

9. They are prohibited from threatening you that they will take your property unless it can actually be legally done, which would be very unusual. The debt would have to be larger than the value of the property and they would have to obtain a legal judgment in a court through a lawsuit filed against you and then they would have to file a separate lien action.  At that time, they would have to actually try to foreclose on a lien on a piece of real property which is not always permitted by the court.  This is why you should file a homestead on your home. https://www.leg.state.nv.us/Division/Research/Publications/Factsheets/HomesteadExemption.pdf

If debt collectors are harassing you or trying to collect more than one debt, you may choose which debt you would like to make a payment regarding.   A debt collector is prohibited from applying a payment to any debt that you dispute. If you do receive a lawsuit from a debt collection agency it is very important that you respond or have an attorney respond. If you fail to make any response to an actual lawsuit that is served on you by Process Server, they could get a default judgment against you and execute that judgment meaning collect that judgment on your property including bank accounts or your job through a garnishment of your wages. If you receive any type of lawsuit on a debt, it is important to contact an attorney or the legal aid society to get help and respond to the lawsuit.  https://www.lacsn.org/ 

Statutes of limitations On Collecting Debts

In Nevada, most debts are subject to the six-year statute of limitations meaning that if the debt was contracted more than six years ago the statute of limitations has run and they can no longer collect this money against you. This is referred to as “time barred” in the law. We have seen in our practice at TheOneLawyer.com, debt collectors attempt to collect debts that are older than six years against clients. Every state has a different statute of limitations but in Nevada it is six years. Before you pay any debt that is alleged to be owed make sure you find out where the debt originates and on what date they alleged that the debt was incurred. If it is more than six years from the present date, they are time barred from collecting that debt and they will no longer be permitted to file a lawsuit on that debt. If the debt is time-barred, immediately send the creditor a letter and advise them that it is time barred and that you are not paying the debt. 

Remedies for illegal debt collection

If a debt collector has used any of these illegal processes to attempt to collect a debt from you, you should contact the appropriate agency to report their actions. You have options. You can report their contact to your state Attorney General’s office to take action. You can also report their actions to the Federal Trade Commission https://www.ftc.gov/  or the Consumer Financial Protection Bureau. https://www.consumerfinance.gov/  In addition, some states have their own debt collection laws.  Nevada’s law follows the Fair Debt Collection Practices Act closely. Unfortunately, the remedy under the act is not as strong as it needs to be to prevent abuse. This is likely why many debt collectors ignore the law.   The penalty is too small. You can sue a debt collector in state or federal court within one year of the date that they violated the act. However, damages are limited to $1000 for reimbursement for attorney’s fees and court costs. It is permissible to bring a class action lawsuit for a violation of the Fair Debt Collection Practices Act. However, damages for such a suit are also limited under the act for which I highly disagree. Damages for violating the act in a class action suit are limited to $500,000 or 1% of the debt collectors net worth, whichever is lower. It is perplexing that Congress chose to put in such a low deterrent for violation of this important federal statute. However, with such a low recovery potential, it is difficult to find an attorney to incur the costs of a class action to go after debt collectors for their illegal practices.  This is likely why you may find yourself in a situation where debt collectors are in fact, violating the statute.

If you are in a situation where they are contacting you, be sure to put in writing that you either do not owe the debt or you wish to make some payment arrangement in order to have them stop calling you and try to resolve the debt as best you can. If you have any questions regarding any debt that you may be getting calls on and you have a question about their debt collection practices,  please do not hesitate to call us here at the TheOneLawyer.com for answers to your questions.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful debts, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE OF UNLAWFUL DETAINER?

This is a Notice used for a Tenant-at -Will, meaning a tenant without a lease.  In the state of Nevada, a landlord is required to serve a tenant with a “Five Day Notice of Unlawful Detainer” to advise the tenant that their tenancy-at-will is ending. This notice instructs the tenant to leave the property. This notice is always preceded by a five-day notice that the tenancy at Will is ending. The unlawful detainer notice is the second noticed that a tenant will receive when the evection proceedings begin for a tenant at will.

What is a Tenant-at-Will?

Under the law, “tenancy-at-will” is the type of tenancy that exists when the tenant (known as a tenant- at-will) is residing on the premises with the consent of the landlord (either express or implied) for an indefinite period of time where no lease for that tenant is in place. The tenancy can be terminated by either party at it anytime. (See the case of Baker versus Simonds, 79 Nev. 434, 386 P 2d. 86, 1963 (also See 49 Am. Jur. 2d. Landlord Tenant section 118)

An example of a tenancy-at-will most commonly occurs where a landlord allows the tenant to stay on the property without a lease, the tenant is the guest on the property with the owner’s permission. The tenant is allowed to leave at any time and the owner can also have the guest leave at any time. Tenancy at will means that either the landlord or the tenant can terminate the tenancy at their discretion for any reason. No cause needs to be given to end the tenancy when the tenancy is at will. That is because there is no contract between the landlord and the tenant with which is commonly a lease agreement.  

In an action for unlawful detainer or ejectment from the property, there is no landlord tenant relationship and no lease in place.   In an unlawful detainer action, the person is being asked to leave the property because they have no lease agreement in place or because they are a squatter on the property. This often happens when premises are leased to a tenant and the tenant leaves and allows a family member or someone else to stay on the property to pay rent. That person has no legal rights and can be removed at any time at the landlord’s discretion.

When a five-day notice of unlawful detainer is served that gives the person residing on the premises notice that they must leave in five days. In Nevada, for a five-day notice (because the Courts are only open four days a week) it usually gives the tenant 8-10 days to vacate the premises.  This is because the only days that are counted are days the Court is open.  Therefore, the five days means five court days — meaning that Fridays are not counted, and neither are weekends or legal holiday. The notice runs from the day after it is served on the tenant to the end of the fifth legal day. 

To illustrate the calculation of the time, is a Tenant is served a Five-Day Notice of Unlawful Detainer on a Monday, 

Monday – the day of service is not counted.
Tuesday – is counted as day # 1.
Wednesday – is counted as day # 2.
Thursday – is counted as day # 3.
Friday – is counted as day # 4.
Saturday – weekend days are not counted.
Sunday – weekend days are not counted.
Next Monday – is counted as day # 5 and the Tenant has until the close of court to respond. .
Next Tuesday – is counted as day # 6 and that is the first day of expiration and Summary eviction can then be filed.

The following is the Nevada Form used for Unlawful Detainer. This form must be served by a licensed process server, attorney or constable.  (Note: attorneys rarely engage in serving notices and generally retain a licensed process server).

FIVE-DAY NOTICE OF UNLAWFUL DETAINER

(NRS 40.254)

TO:                                                                                                                                     FROM:

Tenant(s) Name(s) Landlord’s Name

Address         Address

City, State, Zip Code        City, State, Zip Code

DATE OF SERVICE: __________________ Telephone Number

YOU ARE GUILTY OF AN UNLAWFUL DETAINER.

YOU ARE REQUIRED TO QUIT THE PREMISES.

YOU MAY CONTEST THIS NOTICE by filing an Affidavit (or Answer) before the court’s close of business on the fifth (5th) full judicial day 1 following the Date of Service of this notice, with the Justice Court for the Township of (insert name of township where property is located), stating that you are not guilty of an unlawful detainer. The Justice Court is located at (insert Justice Court’s address):

__________________________

YOU CAN OBTAIN AN AFFIDAVIT/ANSWER FORM AND INFORMATION at the Civil Law Self-Help Center, located at the Regional Justice Center in downtown Las Vegas, or on its website, www.civillawselfhelpcenter.org.

If the court determines that you are guilty of an unlawful detainer, the court may issue a summary order for your removal or an order providing for your non-admittance, directing the sheriff or constable to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall then

remove you not earlier than 24 hours but not later than 36 hours after the posting of the order. You may request that the court stay the execution of the order for removal or non-admittance for a period of no more than 10 days by stating the reasons why a stay is warranted.

Pursuant to NRS 118A.390, you may seek relief if a landlord unlawfully removes you from the premises, or excludes you by blocking or attempting to block your entry upon the premises, or willfully interrupts or causes or permits the interruption of an

essential service required by the rental agreement or chapter 118A of the Nevada Revised Statutes.

DECLARATION OF SERVICE

On (insert date of service) _____________________________, I served this notice in the following manner (check only one):

c By delivering a copy to the tenant(s) personally.

c Because the tenant(s) was absent from tenant’s place of residence, by leaving a copy with (insert name or physical description

of person served) ____________________________________________, a person of suitable age and discretion, AND

mailing a copy to the tenant(s) at tenant’s place of residence.

c Because neither tenant nor a person of suitable age or discretion could be found there, by posting a copy in a

conspicuous place on the property AND mailing a copy to the tenant(s) at the place where the property is situated.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

_______________ _________________________ _______________________ ________

(Date)                           (Server’s Name)                                           (Server’s Badge/License #) 2 (Server’s Signature)

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE TO QUIT OR PAY RENT?

In the state of Nevada every eviction by landlord against the tenant begins with some type of notice. There are several types of notices that are used, and they can be found at https://www.civillawselfhelpcenter.org/forms/eviction-housing-forms. This blog is one of a series of blogs that describes each notice, why it is used, and what ramifications follow when the notice is presented. Each eviction situation is different and various notices apply to specific separate situations. There are different notices for manufactured homes and non-manufactured homes. The average cost of the process for landlord to evict a tenant, not including attorney’s fees, is usually around $200 from start to finish depending on each specific situation. Evictions can vary in time greatly and can take anywhere from 10 days all the way up to 180 days which are dependent on the specific circumstance of each specific case. Interestingly, Nevada Revised Statute 118A.390 makes it illegal for a landlord to independently –by himself — carry out the entire addiction. A landlord cannot lock out a tenant without the involvement of the court, the sheriff, or the constable. In addition, a landlord cannot try to force the tenant from the property by making the conditions uninhabitable by doing things like turning off power or water to the property. This blog will specifically address the five day notice to quit or pay rent and discuss when and why it is used.


Specifically, a “Five day notice to quit or pay rent” can be served on the tenants on the first day that the tenants rent becomes delinquent under the lease– setting aside in a grace period. This notice advises the tenant they have five days to pay the rent that is delinquent or vacate the property. If they do not vacate the property, the notice will be followed by the posting of a five-day notice of unlawful detainer meaning that the tenant is now in unlawful possession of the property and must vacate the property.  Most evictions for non-payment of rent in Clark County start with the serving of the Five day notice to quit or pay rent and are then followed by the five-day notice of unlawful detainer.  The five-day notice of unlawful detainer is the last step to precede the filing of a summary eviction. Once a notice of unlawful detainer notice is given, the tenant occupancy of the premises has been deemed unlawful. In almost every case, the notice of unlawful detainer will follow other notices that had been given and expired.

If you are a tenant and unable to pay rent, and you are served with a five day notice to quit or pay rent that form., As indicated by the form above is your landlord’s admonition that you will be removed from the premises if you do not pay the rent owed within five days. Five days is calculated by days Monday through Thursday not counting the date that the notice was served. Fridays Saturdays and Sundays and legal holidays are not calculated within the five days. If the five days lapses and the tenant has not paid rent, the landlord will serve a five day notice unlawful detainer. If the tenant does not leave the property at the expiration of the five-day notice of unlawful detainer, the landlord can submit a summary motion and submit lock out instructions to the constable. The constable will then take the courts order granting eviction and change the locks on the premises. The following is the form Five day notice to quit or pay rent used in Nevada for non-payment of rent.

FIVE DAY NOTICE TO QUIT OR PAY RENT (form)

TO: FROM: 

Tenant(s) Name(s): Landlord’s Name 

Address 

City, State Zip Code City State Zip Code 

Date of Service: Manner of Service: [ ] Personal 

[ ] Substituted/Mailing 

[ ] Posting/Mailing 

PLEASE TAKE NOTICE that you are in default in payment of rent for the above described premises in the sum of $__________________________________ for the period commencing from to ___________________. Rental payment(s) became delinquent on . 

Your failure to pay rent, leave the premises, or contest this Notice within five (5) judicial days1 may result in the landlord applying to the Justice of the Peace of the Township for an Eviction Order. 

1 Judicial days do not include the date of service, weekends, or certain legal holidays. 

If the Justice of the Peace determines that you are guilty of an unlawful detainer, the Justice of the Peace may thereupon issue a summary order to remove you from, or provide for your non-admittance to, the above described premises that directs the constable or sheriff of this county to remove you within 24 hours after receipt of the order. 

The tenant is hereby advised of his right to contest this Notice by filing, with the Justice of the Peace of the Township, an Affidavit stating that he is not in default in the payment of rent. 

The tenant may also file an Affidavit requesting relief from the above referenced Justice of the Peace, pursuant to Nevada Revised Statute (NRS) 118A.390, if the landlord has unlawfully removed the tenant from the premises or has excluded the tenant by blocking, or attempting to block, the tenant’s entry upon the premises; or if the landlord willfully interrupts or FIVE-DAY NOTICE TO PAY RENT OR QUIT causes or permits the interruption of an essential service required by a the governing rental agreement or chapter 118A of NRS. 

The Justice of the Peace is located at ____________________________ ___________________________________. The Affidavit must be filed with the Court no later than noon on the fifth full judicial day following the date of service. The Affidavit may be accessed at the Nevada Supreme Court Self-Help Center at its website at http://www.nevadajudiciary.us/ 

DECLARATION OF SERVICE 

On __________________, I served this Notice in the following manner (select one): 

[ ] By delivering a copy to the tenant(s) personally, in the presence of a witness (the server, witness, and tenant must all sign a copy of the notice); 

(date) (type or print witness’ name) (witness’ signature) 

Tenant’s Signature OR 

[ ] Because the tenant(s) were absent from their place of residence or from their usual place of business, by leaving a copy with __________________________, a person of suitable age and discretion, at either place and mailing a copy to the tenant(s) at their place of residence or place of business; OR 

[ ] Because the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there, by posting a copy in a conspicuous place on the property, delivering a copy to a person there residing, if the person could be found, and mailing a copy to the tenant(s) at the place where the property is situated. 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. 

(date) (type or print server’s name) (server’s signature)

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

What Is A Thirty Day “No Cause” To Quit

Thirty Day “No Cause” To Quit

The law in the state of Nevada requires a landlord to give a tenant a certain amount of time to vacate the property for an eviction when the lease is expired, and the landlord wants his legal property vacated. In fact, under the Nevada Revised to statutes, a 30-day notice is required to be provided to the tenant who is a monthly tenant (or a seven-day notice if the tenant pays rent weekly) in order to begin the eviction process of a tenant who does not have a lease any longer. 

A “No-Cause” termination notice to vacate can only be used when a tenant is not bound by a lease. The 30-day notice is followed by a five-day notice of unlawful detainer.  If the tenant has not vacated the property at that time, a summary eviction will be filed along with lockout instructions to that constable.   The 30 days excludes the date that the notice was served.   The 30-day notice counts all calendar days 30 days following the date served. Notices under 30 days do not count weekends, legal holidays, or Fridays for purposes of calculating the number of days. 

The Thirty Day “No Cause” To Quit notice must be followed by a five-day notice that informs the tenant that they are required to leave because the presence is no longer lawful.  The five-day notice is called a “Five-Day Notice of Unlawful Detainer” and if this notice is served after the 30 days expires by a licensed Process Server, the constable will lock the tenant off the property at the expiration of the five days.  

Service of The Notice on The Tenant

In order to evict a tenant without cause, who is not under a lease, a person vested with legal authority must serve the tenant with the following two documents at two separate times as follows:

1. The landlord must serve Thirty Day “No Cause” To Quit if the tenant pays rent by the month and can serve a Seven Day “No Cause” To Quit if the tenant is a weekly renter pursuant to NRS 40.251(1)(b)(1); and following the expiration of the 30 day the landlord must serve the same tenant with a;

2. A Five-Day Notice to Quit for Unlawful Detainer pursuant to NRS 40.254.

It is important to point out that each of these notices is required to be “served “on the tenet by a sheriff, licensed Process Server, constable, or agent of an attorney licensed in Nevada in order for service to be considered valid. In other words, a landlord cannot serve this notice him or herself pursue it to NRS 40.280(1)

These notices are required to conform to the statute very carefully and are almost always the forms provided by the courts. These forms can be located at the civil law self-help center and can be downloaded from https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions

All of these notices must be very specific and filled out accurately.  They can be typed or written in legible handwriting. These forms cannot be altered in anyway. If you would like additional information, go to https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions.

Requirements of The Notice

The Thirty Day “No Cause” To Quit and Seven Day “No Cause” To Quit notices must contain very specific information and follow very specific guidelines. The notice must state the date the landlord expects the tenant to move which must be at least 30 days after the notice was served not counting the date of service. See NRS 40.251(1)(b)(1)(II) or at least seven days after a seven-day notice is served for a weekly tenant.

If the tenant is a monthly tenant who is 60 years or older and has a mental disability or physical disability, that tenant is provided means by law to request to remain on the rental property for an additional 30 days. Such requests must be in writing to the landlord and provide proof of age or disability. See you Nevada revise statute 40.251(2).  These rules are codified in the statute below:

NRS 40.251  Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.

1.  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

             (1) For tenancies from week to week, at least 7 days;

             (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

             (3) For tenancies at will, at least 5 days.

      (b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

(1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:

                   (I) At least 7 days for tenancies from week to week; and

                   (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

             (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.

(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:

(1) After notice has been given pursuant to NRS 118B.115118B.170 or 118B.190 and the period of the notice has expired; or

(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

2.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.

4.  Except as otherwise provided in NRS 118A.315, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.

5.  Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsections 2, 3 and 4.

6.  If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

      (Added to NRS by 1985, 226; A 1989, 10811999, 31952001, 19462003, 24802019, 3177)

Governors Declaration of Emergency Directive 0306 Regarding the Pandemic

Governor Steve Sisolak recently issued another declaration which is in titled Governors Declaration of Emergency Directive 0306. It states that Nevada has instituted another eviction moratorium through March 31, 2021. Under Emergency Directive 036 most evictions are still allowed to proceed in Nevada at least as of the writing of this blog. The Directive extends to the moratorium on eviction ‘s for nonpayment of rent and no cause of actions where the tenant claims and can prove that they are unable to pay rent due to a loss of income from the pandemic. In order to fall under the protections of the moratorium, the onus is upon the tenant to submit the required declaration to the landlord to fall with under the new moratorium protections. In the declaration, the tenant must state that they are a “covered person” under the new moratorium. Under the directive the tenant must declare the following facts to be true and sign under penalty of perjury and in order to be protected by the moratorium:

1. The tenant must declare they are unable to pay the full rent because of the medical expenses they have incurred, or for loss of income or work that is directly related to the COVID-19 pandemic.

2. The tenant must further declare that they are likely to be homeless if they become evicted and have no family members or anyone that they can reside within the event of eviction.

3. Tenant must also declare that they earn less than $99,000 per year or 198,000 if they filed a joint tax return and received a stimulus check.

A tenant that is covered by the moratorium must invoke the protections of the moratorium themselves by filling this declaration ration under penalty of perjury.  

The Federal Government Also Extended the CDC Moratorium

Like the state of Nevada, the federal government also extended the CDC moratorium on eviction but only until January 31 and also requires the same CDC declaration. Under the federal moratorium the individual must also declare that they have use their best efforts to obtain available government assistance for rent and must make the same assertions regarding income and stimulus check and must further state that they are unable to pay the rent in full because of a substantial loss of income or hours or layoff due to the pandemic.

It is important to note that rent is only deferred under the moratorium and must be paid in full be the tenant in the future and a judgment can be later obtained against the tenant and executed against them.  The moratorium is not a waiver of paying rent forever, only a deferment that must be paid in the future by the tenant.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and landlords in need of counsel.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

What Is A 7-Day Notice To Pay Rent Or Quit

7-DAY NOTICE TO PAY OR QUIT:

In Nevada, the Nevada Revised Statutes require a landlord serve a seven-day notice to the tenant prior to any eviction proceedings. The notice instructs the tenant to either pay the rent or “quit” (which means leave) the rental property.  In order for a landlord to evict a tenant for nonpayment of rent, the landlord must “serve” (meaning provide a copy to the tenant) a Seven-Day Notice to Pay Rent or Quit on the tenant.(see NRS 40.512.) It is worth noting that under Nevada law, (as of July 2019) This notice must be posted by a licensed process server, constable, or attorney only. Landlords are not allowed to post these notices themselves. Specifically, the law states as follows:

NRS 40.2512  Unlawful detainer: Possession after default in payment of rent; exception.

1.  Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of:

      (a) Five days for a commercial premises;

      (b) Seven judicial days for real property other than a commercial premises; or

      (c) Ten days for a mobile home lot,

 after service thereof. The notice may be served at any time after the rent becomes due.

      2.  Except as otherwise provided in NRS 118A.315, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      (Added to NRS by 1985, 226; A 2019, 317839122020, 32nd Special Session, 5)

It is important to note that after service of the 7-day notice to pay rent or quit, a landlord cannot refuse to accept rent from the tenant.  Rent includes late fees.  However, a summary eviction cannot be ordered for fees such as court costs, collection fees, attorney fees, and the like.  (NRS 118A.150, NRS 188A.220(1)c.)  The statute also allows a shorter notice of five days for commercial tenants.  

Basic Purpose of a 7 Day Pay or Quit Eviction Notice

To put it simply, a landlord can serve this notice on a tenant who is not paying their rent on time. In fact, this notice can be posted as soon as the next day after payment is actually due or the following day after grace period allowed in the lease agreement.  This is the most common notice used to start the eviction process in Las Vegas, Henderson, North Las Vegas and the surrounding areas of Clark County.  It is the beginning of the process to legally remove tenants from a property. 

It is very important to note for every landlord that this notice is instructing the tenant to pay rent. Therefore, if the tenant receives the seven day notice to quit or pay rent and offers to make full payment of the rent, the landlord is legally required to except the rent and can no longer go forward with the evection process under this notice. A partial payment will not satisfy this requirement. Payment must be made in full by the tenant in order to stop the eviction process or the landlord can proceed with the additional steps required for eviction.

Often, Landlords will serve a thirty-day notice of unlawful detainer at the same time as the seven day notice to quit.  Look for our Blog next week to learn about the 30-day notice.  At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and landlords in need of counsel.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Top 5 Things to Consider When Hiring a Personal Injury Attorney

Experience – LAURA PAYNE HUNT’S EXPERIENCE and insight is the key difference in knowing how to settle, when to settle and for how much.  If you don’t know what to do next, call The Law Office of Laura Payne Hunt and let our personal injury attorney help you get the Medical Treatment and Legal Advice you need and deserve.

Accessibility – As a small practice with a consistent staff we are able to treat our clients like friends and family and be there to hear their concerns. My secretary, Peggy has been with me for many years and she is extraordinarily skilled and knowledgeable in the area of personal injury law. At the Costa Ivone, LLC offices of Laura Payne Hunt, we take great pride in providing a service that is fading in the world of big law firm‘s big advertising and nationwide organizations. If you are looking for a personal injury lawyer with experience, knowledge, personal service and compassionate representation, call our office today.

Knowledge of the Law — INSURANCE COMPANIES ARE NEVER ON YOUR SIDE! This personal injury lawyer knows this firsthand because he spent years working as defense counsel for one of the leading insurance companies in the nation. Laura knows what it takes to win.  She uses the insight, knowledge and expertise she acquired while helping THEM save millions to now help YOU recover the maximum personal injury compensation you deserve. Remember this, the only way of getting compensation is by working with the best personal injury attorneys.

Compassionate –according to a personal injury attorney some insurance companies are cold and corporatized and it is important to have someone who listens to you and understands the pain, inconvenience and emotional distress that you are going through. I take great pride in being available to my clients to listen to what they need and to find specific medical providers that are best for their location, as well as the injuries they have sustained. It is important that you receive the proper care and it is equally important that your property damage is addressed. Many law firms do not assist you with your property damage. However we care about our clients and we see the case through from start to finish. Every case we take will be ready for trial if necessary. Fortunately for clients, only about two percent of cases go to trial but we handle every case as if it is one of those two percent and insurance companies know that.

Community Connections –As a lifelong resident of Nevada, professional connections I have built are of great benefit to the clients we represent.  Having grown up in the state of Nevada and the city of Henderson primarily, I have made many friends and have valuable professional connections that help my clients to get the proper medical care that they need as well as to have their vehicle repaired properly with the proper warranties. It takes a village sometimes to handle these matters.   Clients need medical care, vehicle repairs, and rental cars. Having practiced and worked in this city for my entire professional career and having worked for the insurance companies, I have maintain strong professional connections that are of great benefit to the clients we represent. I have been a long time sponsor of Paseo Verde Little League teams and I enjoy being active in our community.

ABOUT LAURA

I knew I wanted to be a personal injury lawyer from the time I was seven years old. I grew up in Las Vegas and attended Tomiyasu Elementary School and Valley High School. I went to junior high school at Cannon Junior High School and was a product of 6 Grade Center being bused to a different part of town. Henderson is my home and it has been since I was five years old. I take a great deal of pride in what I do and being part of the community.

I went to UNLV undergrad and obtained a degree in Communications with an emphasis is print Journalism.  While attending UNLV I was a writer for the school paper for the entertainment section. I was also an active Disc Jockey at the school radio station KUNV,  playing my alternative favorite alternative beats. To pick up extra cash, I was also a Disc Jockey at the AM radio station where we played a variety of cultural music. Fortunately, my amateur guitar playing skills and love of Diet Coke helped keep me awake during those overnight AM radio jobs.

I went to Oklahoma City University for law school. I graduated from law school Cum Laude. While in law school, I was a member of the legal honor Society a Phi Kappa Phi as well as a participant in the moot court team.  Upon graduating from law school, I took the Nevada bar exam successfully followed by the California bar successfully. I am also admitted to practice law in the state of Texas.

I returned to Las Vegas to start my legal career and clerked for a respected District Court judge. I went on to work for a law firm that handled cases for the insurance companies for a couple of years before I became the managing attorney for a major insurance company’s in-house legal office.

During my time working as an attorney for the insurance company, I learned the ins and outs of this business first hand. I trained insurance adjusters on how to deal with attorneys and had daily interactions with claims adjusters and claims files.  I observed the nature and approach of insurance companies to accident claims and the victims involved.   This experience is invaluable in representing injured people.

I am very passionate about what I do and I take great pride in providing top legal representation for injured people. I never had a desire to be on every billboard in town and be an attorney that brings in 100 files a month.  To do that you need a lot of lawyers churning these files out to pay the massive overhead of advertising and large buildings.  Personal care and attention to clients’ needs can easily be lost in that type of environment.  I prefer to focus on the people who are my clients. I know each of my client’s case personally and I meet with every client personally. When you call my office, I will know your first name, I will know what your case is about. I will know what is going on. That is not the case with many law firms that have a high turnover rate because of low pay and often inexperienced attorneys.

The benefit of retaining a small law firm to handle your case is that you will receive personal service and you will have a relationship with your personal injury attorney. I kind of analogize this to the difference between going to a large medical center where you see someone different every time who hasn’t looked at your file and doesn’t know your name, to going to your family doctor who knows who you are remembers your conditions.  The person who is there for you to talk to about your needs. It is a choice that an injured person should make from the start of their search for a personal injury law firm.  Whether a large firm or a small firm is the right choice for you will be very important for your mental well-being during your case.  Dealing with a large firm with constant turn over can be frustrating. THE LAW OFFICE OF LAURA PAYNE HUNT is a boutique law firm providing you with personal and compassionate representation with one goal in mind, the best care and recovery for each of our clients.

With over 18 years of experience helping injured people and working for the insurance companies I have a vast amount of knowledge and insight into exactly what insurance companies are looking at when reviewing your claim. Having been a member of this community for so many years, I know many good physicians and practices that provide top medical care for injured people. Connections in the community are vital in helping clients obtain the medical care they need for their specific injuries.

AS A SHORT TRIAL JUDGE and frequent Arbitrator, my skill is just as effective in the courtroom as it is in the conference room.  I will passionately and aggressively defend your rights and recovery whether your case settles or goes to trial.

If you or a loved one is ever in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

423HURT injury attorneys are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

What you should know about Marijuana Laws in Nevada

In November 2016, marijuana for medical use and marijuana for recreational use were legalized in the state of Nevada. Users of  recreational must be 21 years of age and older. Adults are permitted to purchase 1 ounce of cannabis or up to 1/8 of an ounce of concentrate at one time. The regulations governing marijuana in Nevada are simple to follow. If you are a marijuana user or someone you love is for any reason, it is very important to know the rules and regulations governing marijuana in the state. If you are unsure Strainsanity is one of the best online options for all things marijuana. It is also extremely important to understand that marijuana is not legal in every state and these rules, restrictions and allowances, are not the same everywhere. In fact although it is on the ballot for next term, marijuana is illegal for use in our sister state of Utah.   The following is a brief overview of the requirements and limitations of using and purchasing marijuana in the state of Nevada.

AGE REQUIREMENTS

You must be 21 and over for recreational use of Marijuana in the state of Nevada.  If you have a valid medical marijuana card, marijuana can be purchased legally in Nevada even if the card has been issued from another state. In some circumstances, minors can qualify for medical marijuana card as long as a parent or guardian signs a release for a minor and agrees to be the child’s primary caregiver.

Limitations on Buying Marijuana

Recreational users are permitted to buy up to 1 ounce of cannabis flower and upto 1000mg cbd oil of concentrate at any one time from dispensers that are permitted to sell recreational marijuana. A tax of 15% is added to every purchase.

For those Nevadans with a medical marijuana card who are 18 years and older, or have a qualified caregiver as referenced above, can purchase up to 2.5 ounces of usable marijuana within a two week period. Usable marijuana is inclusive of flour, edibles, concentrate and topicals. Anything containing cannabis qualifies as usable marijuana. The limit on these purchases is calculated based on the total weight of cannabinoids in a product. If you purchase an edible that has 100 mg, you can purchase the remaining amount in a different form of cannabis which would be about 2.4 ounces.  Just a note, although patients are allowed to shop at multiple dispensaries, the purchases are tracked by the state and you will not be able to purchase additional marijuana at a different dispensary.

Locations to purchase marijuana Nevada

In Nevada and Henderson marijuana dispensaries are open for business and many are licensed for medical patients and recreational users both. Check out the Nevada dispensary directory for a complete list of medical marijuana locations.  In the legislation that was passed, recreational dispensaries are determined by the number of residents in the county. Eighty were allocated to Clark County, twenty were located to Washoe County, four were allocated to Carson county and two additional were allocated to the remaining 14 counties. Most of the dispensaries are in populated areas such as Las Vegas, Reno, and Henderson, Nevada.

 

Store hours for dispensaries

 

Store hours are authorized by local governments and are in operation during and only during their establish time frame. Each dispensary must have store hours clearly posted at all times. Dispensary hours vary based upon the local regulations in place. Las Vegas allows medical dispensaries to be open from 6 AM to 10 PM. In Reno, dispensaries are permitted to stay open as late as midnight.

 

Where is use of marijuana legal in Nevada?

 

This is the more complex part of legislation and something that is very important for the consumer to understand. Although cannabis consumption is now legal for private use in Nevada, it is still illegal to smoke marijuana in public, on federal land, or in a motor vehicle. Although some hotels still allow tobacco to be smoked on property, most will not permit marijuana use because of the concern of conflicting with federal and gaming license laws. You may have read in the local paper that there has been talk of opening marijuana resorts on Las Vegas Boulevard in the future. It is my recommendation that you should always keep a low profile when consuming marijuana in Nevada. It is still a violation of federal law.  If a person is caught consuming marijuana in public in the state of Nevada, he or she can be charged with a misdemeanor which is punishable by up to six months in jail or a fine of up to $1000 or both. A judge may also assign community service instead of the fine or jail time. It is important to remember that although marijuana is legal, it is not legal to be used in public in the state of Nevada.

 

Driving under the influence of marijuana

 

Just as it is illegal to drink and drive, it is illegal to drive under the influence of legal marijuana in the state of Nevada.  Violating the law could result in a fine, community service, or jail time.   An officer can conduct a field sobriety test or other testing if he believes you are driving under the influence of marijuana.

The legal determination for being under the influence of marijuana for driving a vehicle is “If the urine sample shows at least ten nanograms of marijuana per milliliter (or 15 nanograms per milliliter of marijuana metabolite), or the blood test shows two nanograms of marijuana per milliliter (or five nanograms per milliliter of marijuana metabolite), the person will be considered high “per-se”, though this can often be contested in court.

 

Taking marijuana in your vehicle

 

If you are taking marijuana in a motor vehicle, it must be stored in a sealed container away from the reach of any driver or minor passenger in the car. If it is in an open container and within reach of the driver or a minor, a fine could be imposed. A severe citation of aggravating circumstances could also be imposed. It is also extremely important to note that it is illegal for a person to take marijuana to another state. Even if that state also has legal marijuana, there are laws maybe different from those in Nevada.

 

It is illegal to send marijuana through the US mail.

 

Marijuana as users must know and understand that marijuana is still illegal at a federal level. United States Postal Service or UPS cannot be used to send marijuana. All mail is subject to search and seizure and both of these agencies use dogs to sniff packages that contain marijuana. If the United States Postal Service or UPS believes a package to be suspicious, they are required to report it to the proper authorities. If there is marijuana in that package and you are found to have sent that package, you could be guilty of transporting marijuana across state lines or other federal crimes.  Never send marijuana in the mail.

 

Use of marijuana by a minor

 

As discussed previously you must be 21 or over to purchase recreational marijuana. A minor must have a valid medical marijuana card and a primary caregiver to purchase the marijuana for him.  If you are a minor attempting to purchase marijuana or marijuana related products, this is a crime which is punishable for a minimum one-year sentence for a first time offense

 

Cultivation of marijuana

 

As part of ballot question which passed in Nevada, growing marijuana at a home is banned if the home is within 25 miles of any dispensary. This regulation effectively blocks most of the population of Nevada from growing their own cannabis flowers.

 

It is important to understand that although the use of marijuana is legal in the state of Nevada, it is not legal to use marijuana and operate a motor vehicle.  Please be safe in the use and consumption of legal marijuana, if you or a loved one is involved in any type of accident with some using marijuana or alcohol, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions. I have all of those indictments in another blog, and you can click to read more on them.

At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

The Laws Relating to Attorneys Fees in Nevada

A CONTINGENT RETAINER AGREEMENT IN NEVADA MUST:

  • Be in Writing
  • Outline Expenses
  • What happens if the Case is Lost
  • Suit not filed to Harass the other side
  • Final Accounting Provision

 

In Nevada, a contingency fee agreement must be in writing and it must be signed by the client. A contingent fee agreement is an agreement where the fee is to be determined by the recovery on the case. The fee agreement must outline the percentage of the attorney fee and whether expenses are to be deducted before or after the contingency fee is calculated.  The average attorney’s fees contingent contract in Nevada vary from 33%-40% based on many years of personal experience. It must also state whether the client is liable for expenses regardless of the outcome of the case including if the case is lost. Expenses include things like obtaining the police report, copies, and medical records, filing fees for court documents, fees for service of process, fees for taking depositions, expert fees and various other expenses associated with litigation.

 

 

State bar of Nevada has rules governing attorney’s fees. Nevada Rule of Professional Conduct 1.5 states which factors are to be considered when determining whether or not a fee for an attorney is reasonable. On matters billed on an hourly rate or on retainer, the fee must reflect the time and labor involved, the difficulty of the legal questions, and the skills required to perform the legal services properly.  It is also to be considered whether the attorney would be conflicted out of other work based upon handling the case of the client. The fee should be determined by reasonable and customary charges in the location in which the services are rendered and the dollar amount involved in the results sought to be obtained.  Another factor  to be considered when determining the reasonableness of a retainer or hourly fee is the nature of the professional relationship with the client and experience, reputation, and ability of the lawyer performing the services.  Nevada Rule of Professional Conduct 1.5 states as follows:

 

Rule 1.5.  Fees.

(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:

(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(3) The fee customarily charged in the locality for similar legal services;

(4) The amount involved and the results obtained;

(5) The time limitations imposed by the client or by the circumstances;

(6) The nature and length of the professional relationship with the client;

(7) The experience, reputation, and ability of the lawyer or lawyers performing the services; and

(8) Whether the fee is fixed or contingent.

(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in writing, signed by the client, and shall state, in boldface type that is at least as large as the largest type used in the contingent fee agreement:

(1) The method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal;

(2) Whether litigation and other expenses are to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated;

(3) Whether the client is liable for expenses regardless of outcome;

(4) That, in the event of a loss, the client may be liable for the opposing party’s attorney fees, and will be liable for the opposing party’s costs as required by law; and

(5) That a suit brought solely to harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process.

Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

(d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) Any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or

(2) A contingent fee for representing a defendant in a criminal case.

(e) A division of a fee between lawyers who are not in the same firm may be made only if:

(1) Reserved;

(2) The client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and

(3) The total fee is reasonable.

[Added; effective May 1, 2006.]

 

Generally, there are four basic types of fee arrangements in civil cases:

 

  • Hourly rate– Here, the attorney gets paid an agreed-upon hourly rate for time spent working on all aspects of a client’s case until it is resolved. The hourly rate depends on each attorney’s experience, operating expenses, and the location of his or her practice. In rural areas and small towns, lawyers tend to charge less, and fees in the range of $100 to $200 an hour for an experienced attorney are probably the norm. In major metropolitan areas, the norm is probably closer to $200 to $500 an hour. Lawyers with expertise in specialized areas may charge more.  It is important to consider that cheaper isn’t necessarily better. A more expensive lawyer with a lot of experience may be able to handle a complex problem more quickly in fewer hours. Also, an experienced attorney will be able to better estimate how many lawyer hours a particular matter will take to resolve.

 

  • Flat fee- Where a legal matter is simple and well-defined, lawyers typically charge a flat fee. Examples of flat fee matters include wills, uncontested divorces and simple bankruptcy If an attorney suggests or has advertised a flat fee, be sure you understand exactly what that fee will and will not cover. The flat fee might not include expenses such as filing fees. Flat fees are more common in routine matters such as traffic citations, simple bankruptcy cases, and some criminal matters. Often, a flat fee is negotiated to handle a matter to a certain point and if the matter is not resolved at that time, an additional fee is negotiated.

 

  • Retainer — A retainer typically operates as an advance payment on an attorney’s hourly rate to handle a specific case. The lawyer puts the retainer funds in a special account called a trust account and deducts from that account the cost of services as they are rendered. In retainer fee agreements, the client pays an initial fee to begin representation on a particular case. The lawyer and the client should have a mutual  understanding of exactly what the retainer will be used for and what will be covered by the initial retainer. The attorney is required to place the retainer funds into a trust account. As the attorney does work on the case, he bills the retainer and may pay his fees from the retainer account as the work is completed. If the retainer becomes insufficient, the attorney must ask the client for additional fees to be used to continue to work on the same matter. Conversely,  if funds are unused at the conclusion of the matter, those funds are returned to the client.

 

  • Contingency fee — In certain types of cases, attorneys work on a contingency fee basis. That means the attorney takes no fee from the client up-front, but gets a percentage (typically one-third) of any settlement or money judgment obtained on behalf of the client. Contingency fee arrangements are typical in personal injury lawsuits including auto accident and slip and fall cases. In medical malpractice cases, fees are limited by NRS 7.095.

https://www.lawyers.com/legal-info/research/how-and-how-much-do-lawyers-charge.html

 

If you or a loved one is injured, call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  I take pride in personal representation of every client and spend time going over the retainer personally with every client before signing and answering all questions.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Payne Hunt, we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

KEEP YOUR FAMILY SAFE FROM INJURIES FROM FIREWORKS

MOST COMMON  FIREWORKS INJURIES ARE LISTED BELOW:

 

  • Burns to hands
  • Injuries to the eye
  • Cuts and fractures to the hands
  • Amputations of thumbs and fingers
  • Facial injuries
  • Hearing loss

 

The Fourth of July means celebrations and parties for many Americans. It can also mean injuries from fireworks. Small fireworks and sparklers are the cause of many injuries on this holiday.   It is important to remember that fireworks are not toys and close supervision of all children is a must. Sparklers burn at extremely high temperatures. Fortunately, most fireworks injuries can be prevented.  The following are helpful tips to avoid these six common fireworks injuries, as well as what to do in case an injury does occur. (taken from Healthgrades)

https://www.healthgrades.com/explore/6-common-fireworks-related-injuries?fullPageView=true

  1. Hand Burns

A burned hand or finger is the most common injury from fireworks. A minor burn causes redness and pain. More serious burns cause blisters. The most serious burns cause white leathery skin and damage under the skin. Don’t let children use fireworks. Never pick up a firework that has not gone off. If you do light fireworks, keep water close by in case of fire. Minor burns can be treated by cleaning and over-the-counter pain medicine. All other burns need emergency treatment.

  1. Eye Injuries

Eye injuries from fireworks can range from minor burns to complete loss of vision. An exploding firework sends dangerous particles flying through the air. They can pierce an eyeball. You can get an eye injury by standing too close. Wear protective eyewear if you are handling fireworks. Better yet, go to a fireworks show instead of doing fireworks at home. Stand at least 500 feet away. There is no first aid for a fireworks eye injury. Leave the eye alone and get emergency medical treatment.

  1. Hand Fractures and Lacerations

Besides burns, fireworks can cause severe hand injuries. These include deep cuts, torn tendons, and broken bones. Severe hand injuries require emergency treatment. Before emergency help arrives, a little first aid may help. Take off any jewelry, cover the hand with a clean cloth, put an ice pack on it, and keep the hand raised.

  1. Facial Injuries

Powerful fireworks can cause serious injuries to the face. Besides harming the eyes, fireworks can burn the face. Severe injuries to the face can also include broken bones and loss of facial tissue. To keep from getting hurt, don’t use any type of powerful firework. Never light a fuse with your head bent over the firework. If you do get injured, keep your head at a level above your heart. Put a clean cloth over the injury. Apply an ice pack. Get emergency care as soon as possible.

  1. Amputation

Many severe hand injuries from fireworks cause loss of a finger or thumb. First aid includes cleaning, covering with a clean cloth, applying ice, and keeping the hand raised until you get emergency care. If part of a lost finger can be found, clean it with a saltwater solution. Then wrap it in gauze, put it in a watertight bag and place the bag on ice. Take the finger with you to the emergency room.

  1. Hearing Loss

Very loud noise from fireworks can cause hearing loss. This could be temporary or permanent. Noise is measured in decibels. Noise louder than 85 decibels can cause damage to hearing. A firework going off three feet away can be 150 decibels. Besides loss of hearing, symptoms can include ear pain and ringing in the ears. Stay at least 500 feet from fireworks to prevent hearing loss. First aid includes covering the ears and getting away from the noise. Then make an appointment for an ear and hearing check with your doctor.

At the Law Offices of Laura Hunt, we urge all of our fellow Nevada residents to prevent injuries and have a safe and happy Fourth of July.  The following safety tips can reduce the risk of injuries:

  • Always follow the directions on the fireworks package very carefully;
  • Be sure not to set off fireworks near fire hazards such as tall grass, dry leaves, and other dry debris.
  • Do not try to reignite used or malfunctioning fireworks.
  • Keep a bucket of water nearby for emergency purposes, and soak any used or misfired fireworks before discarding to prevent fires or accidental ignitions.
  • Never allow children use fireworks without adult supervision. Even simple fireworks like sparklers have been known to cause injury
  • Never alter or modify or experiment with homemade fireworks.

In calendar year 2015, the U.S. Consumer Product Safety Commission estimated that there were 11,900 fireworks-related injuries in the United States.  The majority of injuries caused by fireworks are the result of consumers not using them properly. Common mistakes include lighting the fireworks improperly, lighting the fireworks too close to other people, or lighting fireworks while holding them in one’s hand. Even when used properly, fireworks are dangerous explosives that can cause severe injuries. Reported fireworks-related injuries have included loss of eyesight, burns, and lacerations, punctures wounds and even death.

However, often fireworks can malfunction and cause injury.  Improperly manufactured fireworks can explode prematurely before users have made it a safe distance away.  Also, a defective fuse may ignite the explosive powders in the firework in a way the manufacturer did not intend, causing the firework to explode in an unexpected way. Finally, fireworks designed to soar through the air, such as bottle rockets, can take unpredictable flight paths, injuring onlookers or hitting nearby vehicles and buildings.

Fireworks injuries can be catastrophic and an attorney should be contacted immediately.  If injury occurs, it is important to immediately take the following steps:

  1. Immediately take as many photos as possible of the scene, the debris, and  the injury.
  2. Take the name, address and phone number of every person present who witnessed the accident.
  3. Most importantly, keep all remnants of the firework including the packaging and the receipt.

If you are injured by Fireworks, Know your Legal Rights

Whether a spectator at a fireworks show gone wrong or the user of a malfunctioning firework, victims may be able to recover damages for their injuries. Depending on the circumstances of the firework injury, a number of legal theories may apply. It is important to contact an attorney immediately if you have been injured by fireworks.

If you are injured as a spectator, you may be able to hold the person or company setting off the fireworks liable through negligence.  This may include the organizers of the shows such as cities or hotels that may be liable for failing to properly supervise the activity. Although a city’s liability may be limited by state law, entities hiring fireworks companies still have a duty to protect attendee’s from injuries. Cities and hotels and other show organizers can be negligent in fulfilling their duty to supervise and open the door to liability if they are negligence.

        When fireworks malfunction and cause injury, the injured person may be able to recover substantial damages from the manufacturer, the importer of foreign-made fireworks, or the local retail seller. All of these entities have a duty to sell products that function properly.  Under the theory of products liability, they may be liable for any injuries caused by a defective firework. http://injury.findlaw.com/product-liability/fireworks-injuries.html

Over the past decade, thousands of people in the United States have been injured by fireworks.  Aside from 2005, the number of people injured has risen steadily every year.

Estimated Fireworks-Related Injuries: 2000–2015

Year Estimated Injuries Injuries per 100,000 People

2015 11,900 3. 7

2014 10,500 3.3

2013 11,400 3.6

2012 8,700 2.8

2011 9,600 3.1

2010 8,600 2.8

2009 8,800 2.9

2008 7,000 2.3

2007 9,800 3.3

2006 9,200 3.1

2005 10,800 3.7

2004 9,600 3.3

2003 9,300 3.2

2002 8,800 3.1

2001 9,500 3.3

2000 11,000 3.9

Source: NEISS, U.S. Consumer Product Safety Commission. The estimate for 2003 excludes an estimated 150

emergency department-treated injuries following the nightclub fire in West Warwick, RI. Population estimates for 2010 to 2015 are from Table 1. Annual Estimates of the Resident Population for the United States, Regions, States, and Puerto Rico: April 1, 2010 to July 1, 2015 (NST-EST2015-01), U.S. Census Bureau, Population Division. Release Date: December 2015. Population estimates for 2000 to 2009 are from Table 1. Annual Estimates of the Resident Population for the United States, Regions, States, and Puerto Rico: April 1, 2000 to July 1, 2009 (NST-EST2009-01).Population Division, U.S. Census Bureau.

People often mistakingly think that only the illegal fireworks cause injury.  This is a misconception. In fact, according to the U.S. Consumer Product Safety Commission, small fireworks accounted for a substantial number of fireworks related injuries in 2017.

Estimated Fireworks-Related Injuries

By Type of Fireworks Device

June 19–July 19, 2015

Fireworks Device Type Estimated Injuries     Percent (%)

Total 8,000 100

All Firecrackers 1,200 16

Small 500             6

Illegal 200                                                       3

Unspecified 500                                                       6

All Rockets 900 11

Bottle Rockets 800 10

Other Rockets 100 1

All Other Devices 3,700 47

Sparklers 1,900 24

Fountains 100              1

Novelties 300              4

Multiple Tube 400              5

Reloadable Shells 800              9

Roman Candles 300              3

Homemade/Altered 200  3

Public Display 200              3

Unspecified 1,700  21

 

Source: NEISS, U.S. Consumer Product Safety Commission. Based on 208 NEISS emergency department-reported injuries between June 19, 2015 and July 19, 2015, and supplemented by 31 completed In-Depth Investigations (IDIs).

Fireworks types are obtained from the IDI, when available; otherwise, fireworks types are identified from information in victims’ reports to emergency department staffs that were contained in the NEISS narrative. Illegal firecrackers include M-80s, M-1000s, Quarter Sticks, and other firecrackers that are banned under the Federal Hazardous

Substances Act (FHSA) (16 C.F.R. § 1500.17). Fireworks that may be illegal under state and local regulations are not listed as illegal, unless they violate the FHSA. Subtotal estimates are presented below the estimates for firework type. Estimates are rounded to the nearest 100 injuries. Estimates may not sum to subtotal or total due to rounding. Percentages are calculated from the actual estimates, and they may not add to subtotals or the total due to rounding.

https://www.cpsc.gov/s3fs-public/Fireworks_Report_2015FINALCLEARED.pdf

Who Is Liable to Pay for Your Medical Bills

Injuries from fireworks can be serious and the medical bills to treat such injuries can be substantial.  Homeowners’ insurance protection liability coverage is often available, but is it extremely important to contact an attorney first to discuss the facts of your case and determine if coverage applies.  If you or a loved one is injured in a firework accident, do not give any statements until you speak with an attorney. Criminal laws and contractual provisions apply in every instance. Liability coverage under a homeowner’s policy can cover the medical expenses, pain and suffering  and property damages. This means that if someone other than you or a family member sustains an injury in your home or on your property, your insurance policy may pay for their medical expenses. Health insurance will cover any injuries you or a family member may have sustained in a firework accident and should be used first.

Your homeowner’s insurance policy may also protect you in the event you are sued for an accident involving fireworks you are lighting which causes injury to a guest or passerby.  For a covered loss, your homeowner’s policy will pay the cost of litigation including attorney’s fees and a judgment, should the person suing you succeed in getting the lawsuit to court. The Insurance Information Institute (III) has found that the typical homeowner’s insurance policy has a liability limit of $100,000. I would advise you to check your policy to make sure you have enough coverage if you typically put on a large fireworks display.  

However, if your state or county has made firework shows illegal in your jurisdiction, and you put on a private show in spite of the law, your insurance company may not be responsible to pay for any damages that you may incur as a result of a firework caused fire or injury. It is important to review your policy for an “illegal acts” exclusion. Because the use of certain fireworks was illegal, you should not have been using them.  Unlike the coverage on your home, the law of negligence would apply to your guests and they would be covered by your policy for your gross negligence in setting off illegal fireworks.

City Of Henderson and Clark County Fireworks Laws

Legal Use of Fireworks in the City of Henderson and Clark County

“Only fireworks labeled as “Safe and Sane” are legal for use on private property for one week of the year, from June 28 until 11:59 p.m. on July 4. Safe and Sane fireworks can only be used on private property and cannot be used on the street or sidewalk, or on public property such as parks, schools, or federal land.

Safe and Sane fireworks are not toys and should not be played with by children. Safe and Sane fireworks can cause major injury to adults and children and are capable of starting large fires, so exercise extreme caution when using Safe and Sane fireworks. “

http://www.cityofhenderson.com/fire/community-programs/fireworks-safety

Illegal Fireworks In the City of Henderson and Clark County

“Fireworks that fly through the air, explode, or rotate on the ground are illegal throughout Clark County, including the City of Henderson. They are deemed unsafe because the fireworks user has no control over where they land, which can potentially cause a fire. Illegal fireworks are usually sold outside Clark County and on the Indian Reservation. Those purchased on the Indian Reservation are expected to be used on the Reservation at a special designated area and should not be transported off the property. Illegal fireworks brought into Clark County can be confiscated, and a person possessing or using them can be cited. The penalty is a $1,000 fine and/or a maximum of six months in jail.

Private use of fireworks of any kind is not allowed on public property, such as those owned by the Bureau of Land Management, US Forest Service, Lake Mead Recreational Area, or City of Henderson parks, trail facilities, streets or sidewalks. Use of fireworks on public property can result in a fine of up to $10,000 and a year in jail as well as the costs associated with resource damage, suppression costs, and injuries. Safe and Sane fireworks are illegal at any time of year other than the week of June 28 until 11:59 p.m. on July 4. “    

http://www.cityofhenderson.com/fire/community-programs/fireworks-safety

If you or a loved one is injured by fireworks, call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today. At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.