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Changes to Nevada eviction law passed in 2019 impacting the process of eviction between landlords and tenants. The law presented new requirements that landlords must adhere to during the eviction process. Landlords are now required to use licensed process servers to serve tenants with notices of eviction. A landlord also cannot charge his or her tenants more than 5% of the balances owed when tenants are late with rent payments. Tenants who receive eviction notices must be given seven judicial days to either move from the property or pay the past due rent.
Service of Eviction Notices
In the past, landlords were allowed to serve eviction notices to tenants personally. However, under the change in law, residential landlords are required to have attorneys, sheriffs, constables, or licensed process servers serve eviction notices. Proof of service must be filed with the Court. While this might seem to be onerous, requiring eviction notices to be served by licensed process servers can be helpful to both landlords and tenants. The new requirement helps to ensure adequate service and lessens the chance of a tenant later arguing that they were not given adequate notice of eviction proceedings.
Other Eviction Changes
For tenants who receive eviction notices for failing to pay rent, seven judicial days to pay what is owed or to relocate is allowed. Tenants who receive 24-hour lockout notices must be given a minimum of 24 hours before he or she is locked out. Previously, the sheriff or constable could show up to remove evicted tenants during the 24-hour lockout period. Now, however, authorities are required to wait the full 24 hours. As previously required, a landlord must store belongings of an evicted tenant for 30 days and allow reasonable access to the personal property. The changes in law, however, now allows a tenant to dispute the landlord’s inventory of the property within 20 days of lockout, vacancy, or inventory list, whichever is latest. A tenant is now also allowed to file a motion expedited action on retrieving personal property after an eviction.
Another major change applies to late fees that can be charged by residential landlords to tenants who are late on paying rent. In the past, landlords could charge a “reasonable” late fee. However, what was reasonable was not defined and was often left to the Court’s discretion. The 2019 change in law establishes a limit on the fees allowed. Landlords can no longer charge more than 5% of the balance of the late payment as a fee.
These changes are important for both landlords and tenants alike to be aware of going forward.
Disclaimer: The standard eviction process and requirements as described herein may not apply during the time of an eviction moratorium.
