TRAFFIC & MISDEMEANOR CITATIONS |
CRIMINAL DIVISION |
CIVIL FORMAL DIVISION
SMALL CLAIMS |
The following pages contain information for LANDLORDS and TENANTS.
Our office is located at 26 South B Street, Second Floor, Virginia City, Nevada 89440. Our phone number is 775-847-0962. Our hours are 8:00 a.m., to 5:00 p.m., Monday through Friday, excluding holidays. You may obtain forms at our office or you may go to http://storeycounty.org and choose "Justice Court" under "Departments."
Our trained staff is happy to assist you. It is, however, against the law for clerks/staff to offer legal advise or to assist you in completing any documents. For questions not addressed in this material, you may wish to contact an attorney or a legal self-help organization, or go to your nearest law library. You may also visit the Nevada Supreme Court Law Library on line at www.leg.state.nv.us.
The Court has provided these forms and instructions as a courtesy only. The court is not liable for errors contained herein or for direct, indirect, special, or consequential damages in connection with furnishing these documents. Many law matters involve complex and valuable legal rights. These forms and instructions are basic and general, and do not fit all situations. To protect your rights, you should consider consulting with an attorney.
The result of a summary eviction is limited to evicting a tenant ONLY. If any money is owed to the landlord, the landlord must seek relief by other means (small claims or formal civil complaint). If, during the summary eviction process, the tenant is ordered to pay their rent to prevent the eviction, it is not considered a judgment against the tenant.
Notices of less than 10 days are Judicial Days and do not include holidays, weekends, or the date of service.
Every eviction notice must include the DATE of the SERVICE which should match the date the notice is served or posted.
It is very important to follow the instructions for service.
Nonpayment of Rent
When a tenant is in arrears in rent, the landlord may start the eviction process by serving an eviction notice to the tenant that gives the tenant a specific amount of time to pay the rent or vacate the premises. The type of notice depends on whether the tenant is a monthly or weekly rental, and the duration of the time the tenant has been on the premises. Either an individual or a business may be evicted for non-payment of rent.
When a tenant fails to abide by the lease, the landlord may start the eviction process by serving an eviction notice to the tenant listing the specific violation(s) and giving the tenant a specific amount of time to correct the violation. After the time has expired and the tenant has not resolved the problem, the landlord must serve a second notice (unlawful detainer notice) to the tenant that advises the tenant that he/she is unlawfully detaining the premises. This type of summary eviction is only for individuals, not businesses. A formal civil eviction complaint must be used to evict a business tenant for a lease violation.
When a landlord wants to end a contract with the tenant AND the lease period has expired, the landlord must start the eviction process with a notice that advises the tenant when the landlord wants the property available. A tenant's thirty-day notice to the landlord of the tenant's intent of leaving the property can be used by the landlord as the initial notice. If the tenant has not voluntarily left by the due date, the landlord must serve a second notice (unlawful detainer notice) to the tenant that advises the tenant that they are unlawfully remaining on (detaining) the premises. This type of summary eviction is only for individuals, not businesses. A formal civil eviction complaint must be used to evict a business tenant for no cause.
Five-Day Notice to Pay Rent or Quit
Non-payment of rent only. This is NOT for non-payment of deposits, etc. The notice must include a TENANT'S RIGHTS CLAUSE (see below).
Five-Day Lease Violation Notice
Lease violations. Upon expiration of this notice, a Five-Day Unlawful Detainer Notice must be served.
Five-Day Tenancy-at-Will Notice
Instances where there is no lease agreement and no rent or other consideration is paid to the landlord. Upon expiration of this notice, a Five-Day Unlawful Detainer Notice must be served.
Three-Day Nuisance Notice
Termination of a tenancy for cause. Upon expiration of this notice, a Five-Day Unlawful Detainer Notice must be served.
Seven-Day No-Cause Notice
No reason is required. The tenancy must be weekly and not in excess of 45 days.
Upon expiration of this notice, a Five-Day Unlawful Detainer Notice must be served.
Thirty-Day No Cause Notice
No reason is required. Upon expiration of this notice, a Five-Day Unlawful Detainer Notice must be served.
FIVE-DAY UNLAWFUL DETAINER NOTICE
Required following the expiration of a three, five, seven, or thirty day notice as noted above. This notice MUST include a TENANT'S RIGHTS CLAUSE (see below)
TENANT'S RIGHTS CLAUSE: "You (Tenant) are advised that you have the right to contest this Notice by filing, within the time stated for the payment of rent or surrender of premises, an Affidavit (Answer) with the Justice of the Peace in Storey County, stating that you are not in default in payment of rent, that you have tendered payment, or that you are not guilty of unlawful detainer." NRS 40.253 and NRS 40.254
Important Message for Landlords: If the tenant does not file an affidavit (answer) by noon after the expiration of a notice (as above), the landlord must file summary eviction documents for the eviction to proceed. The landlord may not file the documents before the expiration of the applicable notice period. If the landlord fails to disclose the noon deadline in the notice's Tenant's Rights Clause, the landlord must wait until the business day following the expiration of the notice period to file.
If the tenant files an affidavit (answer) with the justice court contesting the eviction, the eviction may not proceed until a hearing is held. A hearing date will be set approximately one (1) week from the date the landlord filed the complaint for summary eviction. Both parties will be sent a notice to appear by mail.
The tenant's affidavit (answer) expires thirty calendar days after the answer period allowed by the notice. If a landlord complaint is not filed within thirty calendar days after the expiration of the applicable notice, the notice will be considered expired and a new notice will be required before the landlord can proceed with a summary eviction.
If the landlord is advised by the judge during the eviction hearing that the tenant has been given time to vacate the premises, the landlord must notify the court when the time has expired if the tenant has not vacated. Otherwise, the eviction will not be processed.
If a tenant receives a notice that he/she has the right to contest the notice by filing an affidavit (answer) with the justice court, and the tenant wishes the court to know that he/she is not in default of payment of the rent or in violation of the lease, the tenant must file the appropriate forms with the court. It is important to read the notice carefully and note any deadlines for responding/answering to the notice.
Important: If the notice has a noon deadline to file, the tenant must arrive to the court early enough to complete the forms before noon. Notices of less than 10 days are Judicial Days and do not include holidays, weekends, or the date of service.
FILING FEES: If a tenant cannot afford filing fees, the tenant must prepare a Fee Waiver Application (Application to Proceed in Forma Pauperis). Our office will receive the documents that the tenant wants to file. If the fee waiver is granted by the judge, the documents will be filed. If the fee waiver is denied, the tenant will have two business days to pay the fee or the documents will not be filed. Note: Once a fee waiver application has been denied on a case by the judge, the tenant cannot submit another fee waiver application. The tenant must pay the fees at the time of filing the documents.