Nevada General Form of Complaint, Petition, or Declaration for Ejectment

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Multi-State
Control #:
US-01684BG
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Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

After the eviction is ordered, you may file a Notice of Appeal with the court that issued the eviction order. In order to stop the evic- tion pending the appeal, you must post a bond. If you were evicted under the summary eviction procedure of NRS 40.253 that bond amount is set at $250.

You can ask the court for more time (up to 10 days) to move under NRS 70.010. To do this, you need to file a Tenant's Affidavit to contest the eviction or a Motion to Stay the Eviction just to ask for more time to move.

File an affidavit/answer with the justice court to oppose the notice and get a hearing with the judge; or. File a motion with the court, asking the court to "stay" (delay) the eviction for up to ten days (pursuant to NRS 70.010).

No-Cause Notices: Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a five-day notice instructing the tenant to leave because tenant's presence is now unlawful (NRS 40.251(1)(b)(1) and NRS 40.254).

Evictions. 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.

Filing An Appeal Of An Eviction Order File a Notice of Appeal. (JCRCP 72(a).) ... File a Statement of the Evidence or Proceedings. (JCRCP 74(c).) ... File a Statement of Points on Appeal. (JCRCP 74(d).) ... Pay a $97.00 filing fee. ... Post a bond.

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.

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Nevada General Form of Complaint, Petition, or Declaration for Ejectment