Evicting a nightmare tenant in Nevada?

Question

I have a teant who's lease expired in April and I have not renewed so she's been month to month since.

I filed a 30 Notice to Vacate last month which expired a few days ago. She did not move out so I have to file a 5 day notice before eviction can begin. In the meantime she filed a tenant answer with the court basically saying she needs more time for the rent, I have kids, bla bla bla...

She's not even being evicted for non-payment, she's not under a lease and we want to rent the property to someone else, so to me that shouldn't even apply but the court now sets a hearing date a month from now!

So she can basically stay in the house another 30 days without paying any additional rent? These effing parasites really know how to work the system. Just wondering if anyone else had similar experiences? Thx.

Phillip Dwyer · Answer

Here's some fun reading for you from the State of Nevada:

NRS 118A.470  Holding over by tenant.  If a tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and for rent and the landlord may also recover his or her actual damages. If the landlord consents to the tenant’s continued occupancy, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. Such occupancy is otherwise on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise.
     (Added to NRS by 1977, 1342)

NRS 118A.480  Landlord’s recovery of possession of dwelling unit.  The landlord shall not recover or take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or causing or permitting the diminution or interruption of any essential item or service required by the rental agreement or this chapter, except:
     1.  By an action for possession or other civil action or summary proceeding in which the issue of right of possession is determined;
     2.  When the tenant has surrendered possession of the dwelling unit to the landlord; or
     3.  When the tenant has abandoned the dwelling unit as provided in NRS 118A.450.
     (Added to NRS by 1977, 1342; A 2011, 239)

NRS 118A.490  Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with court; judgment for eviction.
     1.  In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may defend and counterclaim for any amount which the tenant may recover under the rental agreement, this chapter, or other applicable law. If it appears that there is money which may be due to the landlord by the tenant after the day of the hearing or if a judgment is delayed for any reason, the court shall require a tenant who remains in possession of the premises to deposit with the court a just and reasonable amount to satisfy the obligation, but not more than 1 day’s rent for each day until the new hearing date. The court shall order the tenant to pay the landlord any rent which is not in dispute and shall determine the amount due to each party. Upon the application of either party, the court, after notice and opportunity for a hearing, may for good cause release to either party all or any portion of the rent paid into court by the tenant. The court shall award the prevailing party the amount owed and shall give judgment for any other amount which is due.
     2.  In any action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1 but is not required to pay any rent into court.
     3.  When the court renders a decision on the landlord’s claim for possession, it shall distribute any rent paid into court under subsection 1 upon a determination of the amount due to each party.
     4.  If a tenant fails to deposit with the court within 24 hours after the original hearing the entire amount required pursuant to subsection 1, the tenant relinquishes the right to a hearing and the court shall at that time grant a judgment for eviction without further hearing.

Phillip Dwyer · Answer

Victor Bellino Do you have any updates?

Jeff S. · Answer

Victor Bellino hope you follow up on this and let us know what happens. I've heard it is hard to get money from a lot of people in Vegas. How about having a gambler for a tenant?

Phillip Dwyer · Answer

Rich Weese  Thanks, I think....
Hope your trip home was short and pleasant.

Rich Weese · Answer

Damn, Phillip!!! You've gotten a lot smarter since we got together a week ago, tic.... Rich

Yes to what others have said. I've had good luck in some areas, SO TX  and AZ. I had mgrs handle both areas.

Phillip Dwyer · Answer

I was going to post this earlier, but I got side tracked:
http://www.clarkcountynv.gov/depts/constable/las_vegas/pages/evictionprocess.aspx
This is the link explaining the eviction process in Clark County Nevada (Las Vegas metro).  
Jeff  S.  I use Southern Nevada Eviction Services: http://www.vegas-evictions.com/.  Just for the record, I'm not afiliated with this company, but my office is a customer.

Scott W. · Answer

write, and/or tell them verbally, that along w/ the above mentioned that you expect to be fully paid or you will seek an eviction/judgment which can damage future ability to rent/own & that if a a future landlord contacts you for a reference, you will have to be truthful of your payment past.

you could also try cash for keys to minimize your loss.

just some optons FWIW.

Rob K. · Answer

In my state, we have a seven day notice for non payment of rent and a 30 day notice to vacate. I would send both in a case like this and let the tenant know that they need to be out in 30 days if they pay or seven days of they don't. That way, both your bases are covered.

Jeff S. · Answer

Phillip Dwyer have you experienced this? This sounds landlord friendly.

Jon Holdman · Answer

In the infamous words of Hyman Roth "This is the business we have chosen".

Yes, they can milk the system and cost you lost rent.  Yes you can go after her in small claims, but even if you win you will have to collect.  A victory in count gets you a judgment, not a check.  This absolutely sucks, but it is just part of the business.

To specifically answer your question, yes, I have had tenants end up costing me a months rent.  In one case being almost two weeks late with rent (I know better now) and then bugging out.  Then it took me another two weeks to clean and fix and get the place re-rented.  In another case, they left as scheduled, but left so much damage I missed a month's rent making repairs.  For better or worse, you need to account for these unpredictable, but totally expected situations in your business model.

Evicting a nightmare tenant in Nevada?

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