What if a Tenant Breaches a Las Vegas Lease?
Landlords have the right to expect that a tenant will comply with all terms of the lease. This includes not only paying rent on time, but also obeying the rules of the rental complex and not becoming a nuisance to neighbors. Sometimes, however, tenants violate the rules. When this occurs, landlords have the right to evict but they must go through the formal process.
If a tenant breaches a Las Vegas lease, you cannot just lock him out of the apartment and not let him back in. You must take the essential steps of eviction under Nevada law. A Las Vegas real estate lawyer at Pintar Albiston LLP can provide you with advice throughout the process of removing a tenant from your rental property.
What if a Tenant Breaches a Las Vegas Lease?
If a tenant breaches a lease, the first step to take is to provide notice that the breach occurred and that you are taking action. There are different kinds of notice that you can provide. You may give a tenant a:
- 5 Day Quit or Pay Notice: This is the notice you give to a tenant who you plan to evict for nonpayment of rent. You may give this notice the day after rent is due unless the lease allows for a grace period. If the tenant offers you the full amount that is due, you can’t continue with eviction and must accept the money. You are not required to accept an offer of partial payment. If you do, you would need to refile a quit or pay notice for the balance of the money that is due if you subsequently decide to continue eviction.
- A 3-Day Notice for Nuisance: If a tenant is creating a nuisance, violating lease rules, breaking the law, and/or bothering other tenants, then you may file a 3-day nuisance notice. The tenant has three working days to comply with all requirements or to vacate the premises.
- A 30-day or 7-day notice: If your tenant’s lease is ending and you want to evict him when the lease is up, you must provide notice. A total of 30 days notice is required for monthly rentals, and a total of seven days notice is required for weekly rentals.
If a tenant breaches a Las Vegas lease and then fails to leave or to correct the problem after you give notice, you can move forward with the eviction process. After the required time period has elapsed (three, five, seven or 30 days), you can file a 5 day unlawful detainer as a follow-up. This basically tells the tenant that they were supposed to leave, but did not and are now unlawfully on the premises. The tenant has five days to leave at this point. If the tenant does not leave, he could become responsible for court costs if you must file in Justice Court to have him formally evicted.
The Justice Court can issue an eviction order and direct the constable of the township to remove the tenant within 24 hours. A deputy will come to formally evict the tenant and the locks may be changed at this time. The tenant’s belongings must be stored for 30 days if he has not taken them out of the property.
Because there is a process to follow when a tenant breaches a Las Vegas lease, it is important for a landlord to be represented by an experienced attorney. Pintar Albiston LLP can help. Call today to speak with a Las Vegas real estate lawyer to learn more.