Nevada Tenant's Affidavit in Opposition to Summary Eviction
Definition and meaning
The Nevada Tenant's Affidavit in Opposition to Summary Eviction is a legal document used by tenants in Nevada to contest an eviction notice issued by their landlord. This affidavit allows the tenant to assert their defenses against eviction under Nevada law, particularly when there are disagreements regarding unpaid rent or disputes related to the rental unit's habitability.
Key components of the form
The affidavit includes several essential fields that tenants must complete:
- Tenant information: This includes the tenant's name, address, contact details, and the address of the rental unit.
- Rental subsidy status: Tenants indicate whether their rent is subsidized by a public housing authority.
- Mediation request: If tenants wish to mediate the issue, they can specify their preferred mediation method (in-person, telephonic, or video-conference).
- Defenses against eviction: Tenants can check off various defenses they plan to assert, such as pending rental assistance applications or landlord non-compliance with maintenance requests.
Legal use and context
This affidavit is specific to Nevada, aligning with state laws that govern eviction procedures. According to the Nevada Revised Statutes (NRS) 40.253, tenants have the right to contest an eviction by filing this affidavit within a specified timeframe after receiving an eviction notice. By filing this document, tenants can formally present their side of the dispute and avoid immediate eviction while the matter is resolved.
Who should use this form
This form is intended for tenants in Nevada who have received an eviction notice from their landlord. It is suitable for individuals facing summary eviction proceedings and who believe they have valid defenses against the eviction. It is important for users to understand their rights under Nevada law before using this form, as it provides a formal means of contesting the landlord's claims.
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FAQ
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
What is summary eviction? Summary eviction is a very fast eviction process where the tenant must file a Tenant's Affidavit in court to contest an eviction before the landlord files anything. Eviction notices do not need to be filed with a court to be valid.
A landlord or tenant who wants to appeal has only ten "judicial days" (which do not include weekends and legal holidays) from the date the eviction order or judgment is "entered" (filed with the court) to file the necessary documents with the court. (NRS 40.380.) CAUTION!
In other cases, the tenant must do something to have the eviction sealed. If the former landlord will agree to seal the eviction, then you can file a Stipulation to Seal that both you and your landlord sign. Otherwise the tenant must file a motion in the eviction case to seal an eviction record.
Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant's presence is now unlawful.
Information for Residential Tenants If you're a tenant, and you have been served a Seven-Day Notice to Pay Rent or Quit, you may file an Affidavit/Answer to contest the eviction. The Affidavit/Answer must be filed with the court within seven (7) judicial days following service of the eviction notice.
File a motion with the court, asking the court to "stay" (delay) the eviction for up to ten days (pursuant to NRS 70.010).
In order to stope the eviction, the tenant must file a Tenant's Affidavit with the Justice Court explaining why you should not be evicted before the 5 days of the notice expires. You can respond to the eviction by filing the Tenant's Affidavit with the Justice Court explaining why you should not be evicted.