EVICTION LAW OVERVIEW IN NEVADA AND PANDEMIC RELIEF FOR RENTERS
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Help is available for anyone in Nevada facing eviction due to hardships created by the pandemic. Nevada Governor Steve Sisolak issued a new directive on June 25, 2020 and lifted some of the prior pandemic ban on evictions. Sadly, he continues to force people out of work, yet he lifts the protections previously in place. Clark County Social Service is a government agency that operates financial assistance programs for the low income and unemployed families. They have emergency rental assistance programs to help with rent issues including eviction prevention help and low-income housing. The locations to call or apply at are below.
- Pinto (Main Office) – 1600 Pinto Lane, Las Vegas, Nevada 89106, (702) 455-4270
- Cambridge Office, 3885 South Maryland Pkwy, Las Vegas, NV 89119, phone (702) 455-8639
- Fertitta Building, 1504 N. Las Vegas Blvd., Las Vegas, Nevada 89101, (702) 455-1990
- Community Resource Center, 2432 N. Martin Luther King Blvd., Bldg. D, North Las Vegas, NV 89032, (702) 455-7208
- Henderson Office, 522 E. Lake Mead Pkwy., Ste. 4, Henderson, Nevada 89015, call (702) 455-7918
For a list of the many organizations in Nevada providing rental assistant, log onto https://www.needhelppayingbills.com/html/rental_assistance_las_vegas.html.
Is your landlord still trying to evict you or your business during the moratorium on evictions? Help is available at the Nevada Attorney General’s Office. File a complaint at ag.nv.gov For assistance with CARES ACT log into https://www.lasvegasnevada.gov/Residents/Housing-Assistance-Program. The programs close in days but keep checking back for additional funding to become available. City residents may qualify for Clark County’s CARES Housing Assistance Program (CHAP) which provides rent, mortgage, and utility assistance to residents who have suffered financial hardship due to COVID-19 and now lack sufficient income or resources to pay their housing costs. Visit https://helphopehome.org/clark-county-cares-housing-assistance-program/ for more information. As for the Pandemic rules Currently in Place, they vary depending on the type of lease:
Commercial Tenants including Small Business
The recent directive issued most urgently impacts Landlords of commercial properties, including small business and allows them to begin charging fees for delinquent payments, begin lockouts, or proceed with evictions for non-payment of rent or to begin the foreclosure process starting on July 1, 2020.
Residential Evictions
The order states that residential evictions and foreclosures will begin to be allowed on September 1, 2020. The order goes on to state that late fees or fines for non-payment of rent or mortgage cannot be charged retroactively. The directive issued on June 25, 2020 also reinstates residential summary evictions and unlawful detainer actions that were instituted prior to September 1, 2020. These are actions for eviction for certain causes other than non-payment of rent including holdover tenants, unlawful business being conducted on the premises, nuisance allegations, violations of drug laws, and other violations of lease agreement.
Transient Housing
The moratorium does not apply to tenants living in transient lodging such as hotels and eviction proceedings may start on June 25, 2020 for such transient lodging. However, an important clarification is that long-term tenants at weekly motels (those who have resided there for more than 30 days) have the same rights as any other renter, and eviction proceedings cannot start until Sept. 1, 2020. For Tenants without a lease or tenants who are “at will,” evictions can begin on August 1, 2020. It is important to know your rights. A landlord cannot change the terms of a lease for the failure to make payment.
In Clark County, the basis for evictions to take place is very straight forward. The website outlines a lot of information. https://www.clarkcountynv.gov/constable/lasvegas/Pages/EvictionProcess.aspx In addition to the County Website, the civil law self-help center has all the forms with a detailed explanation as to when to file which forms. https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions/information-for-tenants/89-responding-to-an-eviction-notice
If you receive an eviction notice, there are several ways that you can respond. The following are a list of your options if you have been served with an eviction notice:
- Pay any Back Rent or Fees Owed
If you received an eviction notice on the grounds that you didn’t pay rent, then pay the rent and late fees in full prior to any eviction action. Preferably, pay within a short period after receiving the eviction notice. If the landlord accepts the rent, then you have a defense against any court proceedings. Paying the rent is full is often sufficient to resolve the issue between you and the landlord after receipt of an eviction notice. However, if this is the one excuse the landlord has been waiting for to kick you off the property, then you may have a fight on your hands.
- Keep Records
If you plan on challenging the reasons you are being evicted, it is important to document conversations and interactions with the landlord and problems with the premises rented. In addition, take pictures or video of damages and repairs that you believe the landlord needs to make or that that they allege that you need to make. Finally, keep all documents sent to you by the landlord and copies of any documents you sent to the landlord. If you send correspondence to the landlord requesting repairs and they fail to respond, you should send it Certified Receipt Mail through the post office to show proof of receipt.
- Fix Alleged Violations
When a landlord gives an eviction notice because you violated some part of the lease, many agreements will allow you to fix the violation within a specific amount of time. If you fix the violation and the landlord still takes you to court, you have the defense that you have cured the alleged problem. However, you are likely best served to take the time to find a new place to live on a residential lease. Of course, on a commercial lease, it is not that simple.
It’s in your best interest to attempt to reach a resolution with your landlord due to legal costs and other fees a landlord could recover from the court proceedings. It’s best to fix the problem and agree on a move out date, if possible. That is because in Nevada, once the lease expires a landlord does not need a reason to evict you.
Nevada Is A No-Cause Eviction State
Under Nevada law NRS 40.251, a landlord can serve a No Cause Eviction Notice after your lease has expired. Unfortunately, this notice is not required to provide you with any reason or explanation for the eviction. If you rent by the week, the landlord must serve a 7 day notice.
Landlord’s Must Use the Courts To Evict Tenants
Under Nevada Revised Statute 118A.390 it is illegal for a landlord to use “self-help evictions” to remove a tenant in an eviction. Therefore, a landlord cannot change a tenant’s locks without order of the Court, the Sheriff, or Constable. In addition, a landlord cannot force the tenant off the property by creating “unbearable” living conditions.
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