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what to do
- Thread Starter jfkkwk
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army judge
Super Moderator
A five day notice means the landlord is asking you to move.
Only a judge can order you to be evicted.
So, if you ignore it, the landlord will have to take you to court.
If he does, it takes about 6 to 8 weeks (sometimes longer), for the entire drama to play out.
Here is the process in Clark County:
All evictions must begin with a NOTICE. There are several types of notices to choose from. You may not always be able to use the quickest notice available. You must choose one that applies to the situation. There are separate notices for manufactured homes and non-manufactured homes.
A standard eviction can cost $100 - $120 from start to finish. Evictions take 10 to 180 days depending on the type of notice served.
5-DAY QUIT OR PAY:
This notice is used for non-payment of rent from tenant. If there is NO grace period, you can go forward with the notice the day AFTER rent is due. If you have a grace period, you must wait until that time has passed. If the tenant offers you the FULL rental amount, you MUST ACCEPT. You can refuse partial payment from the tenant. If you should decide to accept partial payment, you can refile a new notice for the balance of money due. There is NO other notice that follows this 5-Day Pay or Quit. When serving this 5-Day Pay or Quit Notice, you DO NOT count the day of service. Count 5 business days. The day after the 5 business days return to our office.
Example: You come to Constable's Office on Thursday (4/8/04). We serve the paper on Friday (4/9/04). Tenant has Monday thru Friday (4/12/04 thru 4/16/04) of the following week to contest notice. You return to our office on Monday (4/19/04) to continue the eviction process.
What happens next?
Our office will serve the notice. You will return on the date printed on your receipt to continue with the eviction.
When you return to our office, you will be handed the actual notice and instructed to take it to Justice Court to file for the Summary Eviction. Court requires that their paperwork be typed--Justice Court's filing fee is $49.00. After filing with the court, you will be handed an Instruction Sheet. You are to bring the Instructions back to the Constable's and will need to pay Lock-Out fees ($42.00 plus $4.00/mile). If you choose not to continue with eviction (for whatever reason) simply do not return to our office. Notices not picked up within 30 days will be destroyed.
What to expect after you file in Justice Court.
If papers are filed through court prior to noon, this office should receive a signed court order the same day. Notice will be posted the next business day and we will lock-out property the following business day. Locks must be changed at the time the deputy puts the seal on the door. If you need assistance in contacting a locksmith, our deputies can assist. Deputy will contact you between 8 a.m. and 11 a.m. the day of the scheduled lock-out to set-up a time to meet. If you are not available, the eviction CAN NOT BE COMPLETED OR POSTPONED.
The Court does not contact the Landlord if the Tenant contests. It is up to the Landlord to search the Justice Court Public Access site to see if the Tenant contested the Eviction Notice. If the Tenant contested, then the Landlord will need to file on the Tenant's Case that was initiated for the contested Eviction Notice. If the Tenant contested the Eviction after the Landlord files (Tenant files Motion to Stay), then the Landlord will need to check the status of the Motion to Stay the Justice Court Public Access website to see what decision the Judge has rendered on the Motion to Stay. If you have questions regarding this matter, contact Justice Court at (702) 671-3478. If Justice Court informs you to file your paperwork, you will need to come to Constable's Office to pick-up a copy of your NOTICE to take to Justice Court for filing. Justice Court fee is $46.00. You DO NOT need to return to our office until after your court date.
What to do after court.
If Judge orders eviction, immediately bring Instructions to Constable's Office and pay lock-out fee. Order will be posted the next business day after we receive it and lock-out the day after posting.
If Judge gives tenant a day and time to pay or vacate, you must call the court. At that time ask them to forward the order to Constable's Office.
You will need to bring the "Instructions to the Constable" to our office and pay lock-out fees.
If court kept your instructions, you need to go there first to pick them up. Since the refund process can take 8-12 weeks, it is suggested you pay for lockout fees ONLY after you know the tenant is not going to abide by the Judge's instructions.
What to expect on the day of lock-out.
On the day of the lock-out the deputy will contact you between 8:00 am and 11:00 am to schedule the lock change. If you are hiring a locksmith you must have him ready to change the locks at the scheduled time to avoid cancellation of lock out. If you are changing your own locks, you must have your locks ready and be prepared to change the locks while the deputy walks the property to make sure no people or pets are in the property. If you do not have a key to property or unsure of how you will be entering the property on the day of the lock change please contact a locksmith before your scheduled time to avoid cancellation. In the event that we are unable to contact you on the day of the lock out or you are unprepared to change the locks and we have to cancel the appointment, you will be required to pay for the eviction again.
After Eviction Is Completed.
When an eviction is completed, the Landlord must store the tenants property for 30 days. They may not charge back rent, but can charge a reasonable storage fee. The tenant has to make arrangements with the Landlord to pick up their property. The Landlord has to notify the tenant in writing, prior to the last 14 days, by CERTIFIED MAIL,that he is disposing the property after the time has lapse.
Cancel Lockout.
It is suggested, if someone moves out, go ahead with the eviction process to avoid any problems that may arise if tenant tries to move back in.
Cancel Eviction/tenant paid.
When deputy calls to follow-up with the lock-out, inform him that tenant has paid and no eviction will be necessary. Constable's Office can not accept cancellation of evictions over the telephones or fax.
http://www.clarkcountynv.gov/depts/constable/las_vegas/pages/evictionprocess.aspx
army judge
Super Moderator
It is your home, until you have abandoned the property or have been legally evicted by a judge.
You have a lease.
Even if you didn't sign a lease, you have a lease determined by statute (state law).
So, until you leave voluntarily doing so by leaving within five days, the landlord can't legally enter your home.
If you ignore his request, he still can't legally enter your home until you've been evicted.
That said, the landlord has a right to enter the home for an emergency (fire, broken pipe, burglary, etc...).
He can also legally enter to inspect the property periodically. To do that he has to arrange a mutually agreeable time with you to do so.
Now, he can also enter illegally. If that happens, another can of worms applies.
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