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Old 11-06-2009, 03:26 PM
 
Location: Here and there, you decide.
11,578 posts, read 22,679,105 times
Reputation: 3883

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My tenant is late again.. Rent is due on the fifth, grace period till the 8th.. Couldn't pay last month in full yet either.... What is the eviction process in Clark County or is there a company that can do this also.
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Old 11-06-2009, 03:50 PM
 
549 posts, read 1,185,661 times
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Quote:
Originally Posted by airics View Post
My tenant is late again.. Rent is due on the fifth, grace period till the 8th.. Couldn't pay last month in full yet either.... What is the eviction process in Clark County or is there a company that can do this also.
Having just been down this road, you can go to this link Welcome to the Clark County Courts in Las Vegas and this link UNDERSTANDING THE EVICTION PROCESS to get your information.

I just went to court yesterday and 'won' yet again because the LL did not abide by the lease agreement. If your contract states grace period until the 8th, you'll need to wait until after the 8th to make any filing. FOLLOW the RULES. I slammed dunked the Mgmt Co yesterday for breach of contract and they 'lost' because I pointed out the terms of the contract.

Next, will be a demand for settlement and then I'll file a lawsuit against them for damages. I just have too much fun with pompus LL's.

You can get a company to do this, but it costs less if you do it yourself, just make sure you follow the rules to the letter.
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Old 11-06-2009, 03:58 PM
 
Location: Here and there, you decide.
11,578 posts, read 22,679,105 times
Reputation: 3883
not planning to do it until the 8th.. she still owes 600 from last month.. the lease expired on the 5th of Nov.... just getting ready.
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Old 11-06-2009, 09:50 PM
 
Location: Kailua Kona, HI
3,199 posts, read 10,964,715 times
Reputation: 3378
airics:
1. Have a 5 Day Pay or Quit properly formatted, and properly served. Use a process serving company or the Constable. BE SURE THAT IT SAYS "JOHN DOE, JANE DOE, "AND ALL OCCUPANTS" The format is very very important. If you don't know the format, DM me for a recommendation or 2 of companies that will do this document prep for you.
2. Do not accept partial payment. If you do, you're voiding the 5 Day
3. When the 5 Day expires (5 business days) have the Summary Eviction filed in your jurisdiction. You will need the Notice, proof of mailing (required in Henderson and NLV townships; didn't not used to be required in LV but double check. I've been gone 5 years) Your documents need to have 3 sets, they will file stamp each set.
4. A hearing date will be set and the court will notify the LL and the tenant of this date. Bring with you any other "evidence" in triplicate. You may be asked to provide the court with the Original proof of mailing, or other documents, and a copy for the defendant. This includes your Lease, any records etc.
5. If the tenant is found to be in default, a date for the lockout is set, usually just a few days hence. Another Notice will be posted on their door by the Constable regarding this date. Have a locksmith available at this time. The Constable will literally show up and force anyone inside to leave, and then the locksmith will change the locks.
6. If there are any possessions on the property you are required to "safely store them" for 30 days. You may leave them inside, or put them in storage. At the end of the 30 days, you send them a certified letter stating that they have 10 days to retrieve their possession and pay any storage fees. After that, you may dispose of them at will.

From now on, make your rent on the 1st, late after the 3rd. Accept no partial payments and serve your 5 Days promptly. Be advised that there are different rules for private individuals to serve a 5 Day, than there are from a licensed process server (which I use to be in Nevada). For a few dollars more, let their experience help you.
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Old 11-06-2009, 09:53 PM
 
Location: NW Montana
6,258 posts, read 12,589,416 times
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Would we agree that he may have set a precedence taking partial rent in the past?
This could affect how the judge rules.
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Old 11-07-2009, 12:50 AM
 
Location: Kailua Kona, HI
3,199 posts, read 10,964,715 times
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No. Eviction hearings are not criminal actions where prior actions have a whole lot of weight. Luckily in Nevada, the issue at hand is "did you pay your rent, or not?" No rent? No house. They rule on the case at hand.
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Old 11-07-2009, 07:50 PM
 
549 posts, read 1,185,661 times
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Originally Posted by KonaKat View Post
No. Eviction hearings are not criminal actions where prior actions have a whole lot of weight. Luckily in Nevada, the issue at hand is "did you pay your rent, or not?" No rent? No house. They rule on the case at hand.
However, if the renter has the money when they show up at court the judge can give them 24hrs to pay. If they pay and you accept the only recourse you have is a 30 day no fault vacate to get them to leave. Even then, you could end up back in court which will give them about 2 weeks longer to vacate. If the renters don't know how to respond it could be a shorter period. If they do, then it can drag out.

That's why I reiterate, make sure you follow your contract with the renters.
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Old 11-07-2009, 08:32 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 32,491,985 times
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Airics...don't borrow trouble. Go talk to the tenant. If they are rational make a deal.

I would agree a new tenant is likely if they get much of a moth behind. But then again even that can be worked to minimze your loss.

So go try and do an arrangement before you start eviction. Does not cost anything and may pay off well.
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Old 11-07-2009, 08:40 PM
 
549 posts, read 1,185,661 times
Reputation: 157
Quote:
Originally Posted by olecapt View Post
Airics...don't borrow trouble. Go talk to the tenant. If they are rational make a deal.

I would agree a new tenant is likely if they get much of a moth behind. But then again even that can be worked to minimze your loss.

So go try and do an arrangement before you start eviction. Does not cost anything and may pay off well.
I actually agree with olecapt. Coming to an agreement with your tenant is a rational approach - more rational and productive than going the eviction route might be. If you are able to make a deal, please put it in writing with signatures. You may just end up in court any way so better to CYA.
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Old 11-07-2009, 10:40 PM
 
Location: Kailua Kona, HI
3,199 posts, read 10,964,715 times
Reputation: 3378
Quote:
Originally Posted by sierramadre44 View Post
However, if the renter has the money when they show up at court the judge can give them 24hrs to pay. If they pay and you accept the only recourse you have is a 30 day no fault vacate to get them to leave. Even then, you could end up back in court which will give them about 2 weeks longer to vacate. If the renters don't know how to respond it could be a shorter period. If they do, then it can drag out.

That's why I reiterate, make sure you follow your contract with the renters.
Sure, if they have the rent in full plus the late fees, they could be given the chance (again) to pay. However, we could debate "what ifs" all night long! I was simply answering his question on the eviction procedure.

After this many times being late, I think the time to talk rationally w/ the tenant is long gone. He's certainly not being rational, he's a loser who's not paying the rent on time over and over again. Vamoose.
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