In Nevada, tenants have the right to contest a Summary Eviction by submitting an Affidavit/Declaration to the court. This document provides general instructions for tenants on how to prepare their Affidavit/Declaration for Summary Eviction. The Affidavit/Declaration should include the following information: — The name of the landlord/property owner and the address of the rental property. — A description of the tenant's complaint, including any applicable laws or regulations that the landlord may have violated. — A statement by the tenant that he/she believes the eviction notice is wrong or unjustified. — A list of any witnesses to the eviction proceedings, if applicable. — A request from the tenant that the court not issue a summary eviction order. The tenant must also include a signed statement that all the information in the Affidavit/Declaration is true and accurate. There are two types of Nevada Landlord-Tenant Actsts - Contesting a Summary Eviction: Tenant General Instructions to Prepare Tenant's Affidavit/Declaration: 1. For tenants living in apartments or rental units: — Tenant must provide documentation of the rental agreement, the receipt of the eviction notice, and evidence of any attempts to resolve the matter. 2. For tenants living in single-family homes: — Tenant must provide documentation of the rental agreement, the receipt of the eviction notice, and evidence of any attempts to resolve the matter. — Tenant must also provide evidence that the landlord has not met all the requirements of the law as it pertains to the eviction process.
Nevada Landlord-Tenant - Apts - Contesting a Summary Eviction: Tenant General Instructions to Prepare Tenant's Affidavit/Declaration
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FAQ
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.
What happens to my property after I vacate? Your landlord is required to safekeep your property for 30 days after you vacate the premises.
After you have provided the initial notice, then the tenant is supposed to vacate the premises at the required date. However, if the tenant does not leave voluntarily, then you will need to file a five-day unlawful detainer. This comes after the five day, three-day, seven-day or 30-day notice.
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!
Nevada tenants have the right to live in a unit that complies with local housing and safety requirements. If there are any existing damages to the unit, the tenant can request the landlord to fix the issue within 14 days of notice. In cases of emergency, the fix may be done within 24 hours' notice.
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.
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.