CLARK COUNTY



CLARK COUNTY

SUMMARY EVICTIONS BY LANDLORD

IMPORTANT CHANGES AFFECTING LANDLORD/TENANT DISPUTES

Effective February 1, 2009, all affidavits of complaint in a summary eviction actions must, in accordance with NRS 40.253(5)(a)(9), include a copy of the signed written rental agreement, if one exists. The copy of the rental agreement must be 8 ½ by 11 inches in size. If the landlord’s affidavit of complaint indicates that a written rental agreement exists and a copy is not attached, the deputy clerks have been instructed to reject the filing.

On December 15, 2008, the Las Vegas Justice Court implemented electronic eviction orders. Eviction orders are now being generated and sent to the Constable’s office electronically. As such, there is no longer a need to submit paper orders.

The Las Vegas Township Justice Court accepts all summary evictions within the Las Vegas Township. To process a response to a summary eviction through the Las Vegas Justice Court, the tenant MUST reside in the Las Vegas Township. If the tenant lives in another Township, such as Henderson, North Las Vegas, etc., the response must be filed in that court.

This information is intended to help Landlords file Summary Evictions with the Justice Court, Las Vegas Township. For questions not addressed in this material, the Court suggests you contact an attorney, or research the question at the Law Library. The Court Clerk's Civil Customer Service Office is located on the second floor of the Regional Justice Center, 200 Lewis Avenue. Business hours are 8:00 AM to 4:00 PM, Monday thru Friday, excluding holidays.

The Clerk’s Civil Division will continue to receive documents until 5:00 p.m. but will discontinue filing documents brought after 4:00 p.m. Documents dropped at the Civil Division’s window or left in one of the first floor drop boxes after 4:00 p.m. will be marked as “received” as of that date and will be processed the next business day. Customers wishing to file documents after 5:00 pm; are encouraged to use the Court's Document Drop Box located in the Courthouse Lobby. The information number for the Civil Division is (702) 671-3478 for local calls, and (877) 455-1289, option 4 for long distance.

All Landlords must prepare their own Summary Eviction Documents. The Court no longer prepares documents for customers.

Eviction Types

Copies of less common Notices can be obtained from the Civil Clerk's Office at 200 Lewis Avenue, Las Vegas, NV, 2nd Floor or by fax request to 702-388-4461.

The Fee payment should be made to the “Las Vegas Justice Court.” Please use a check or money order for the payment. Do not send cash through the mail. Any unused portion of the payment will be refunded.

Please be aware, if the records are being used for legal purposes, you may wish to have the court "Certify" the documents as true and correct copies.

Fee payments are required for document copies and Certification of Records. The Fee for a Certified Copy of a document is $3.00; and the copying Fee is $ .30 per page.

To expedite return of documents, we suggest sending $5.00 to $10.00 by check or money order payable to Las Vegas Justice Court for the Fee payment. All unused overpayments will be refunded.

REMEMBER! If you mail payments and/or documents to the court, to ensure your actions are properly credited, ALWAYS include the case number, AND be sure to put the case number on the check or money order. If you wish a receipt showing that the payment was processed, you MUST INCLUDE a self-addressed stamped envelope.

FIVE-DAY PAY RENT OR QUIT NOTICE - Served to Tenant for non-payment of rent only. (Not for non-payment of deposits, etc.) THIS FORM MUST INCLUDE TENANT’S RIGHTS CLAUSE.

FOUR-DAY PAY RENT OR QUIT NOTICE - Served to Tenant for non-payment of rent only. Tenancy must be weekly and not in excess of 45 days. (Not for non-payment of deposits, etc.) THIS FORM MUST INCLUDE TENANT’S RIGHTS CLAUSE.

FIVE-DAY LEASE VIOLATION NOTICE - Served to Tenant for lease violations. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) THIS TYPE OF NOTICE CANNOT INCLUDE A TENANT’S RIGHTS CLAUSE.

FIVE-DAY TENANCY AT WILL NOTICE - Served to Tenant in instances where there is no lease agreement and no rent or other consideration is paid to the Landlord (upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) THIS TYPE OF NOTICE CANNOT INCLUDE A TENANT’S RIGHTS CLAUSE.

THREE DAY-NUISANCE NOTICE - Served on Tenant to terminate a tenancy for cause. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) THIS TYPE OF NOTICE CANNOT INCLUDE TENANT’S RIGHTS CLAUSE.

SEVEN-DAY NO CAUSE NOTICE - No reason required. Tenancy must be weekly. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) THIS TYPE OF NOTICE CANNOT INCLUDE TENANT’S RIGHTS CLAUSE.

THIRTY-DAY NO-CAUSE NOTICE - No reason required. (Upon expiration of this Notice, a 5-Day Unlawful Detainer Notice must be served.) THIS TYPE OF NOTICE CANNOT INCLUDE TENANT’S RIGHTS CLAUSE.

FIVE-DAY UNLAWFUL DETAINER NOTICE - Required following the expiration of 3- 7- or 30-Day Notice.) THIS FORM MUST INCLUDE TENANT’S RIGHTS CLAUSE.

IMPORTANT MESSAGE FOR LANDLORDS: If the Tenant DOES NOT FILE AN AFFIDAVIT (ANSWER) by noon upon the expiration of the 4 or 5 Day Notice, the Landlord must file their Summary Eviction documents for the Eviction to proceed. The Landlord may not file its documents prior to the expiration of the applicable notice.

If the tenant DOES FILE AN AFFIDAVIT (ANSWER) with the Justice Court contesting the eviction, the eviction may not proceed. A court Hearing date will be set approximately ONE (1) WEEK from the date the Landlord Complaint for Summary Eviction is filed. Both parties will be sent a Notice to Appear by mail.

The Tenant’s Affidavit (Answer) expires 30 days after their answer period allowed by the Notice. If a Landlord Complaint is not filed within 30 days after the expiration of the applicable notice, the corresponding notice will be deemed to be expired and a new notice will be required before the Landlord can proceed with the 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 and the Tenant has not vacated. Otherwise, the Eviction will NOT be processed.

Requirements for Service

The Landlord may prepare and serve his or her own notice, or for a fee may have a licensed private process server or the Las Vegas Constable’s Office prepare and serve the notice. The Las Vegas Constable’s Office is located at 309 S. Third Street.

The notice must state the tenant’s first name, last name or business name and complete address (including city, state and zip code).

If the Constable’s Office serves or posts the notices for the Landlord, the Court does not require the Notices to be mailed to the tenant.

If a Licensed Private Process Server serves or posts the notices on behalf of the Landlord, they are still required to mail a copy via Certificate of Mailing to the tenant if they were unable to personally serve the tenant named on the Notice. The Private Process Server does not need to provide proof of mailing using a Certificate of Mailing, but their Affidavit of Service must indicate the date they completed the Mailing. The process server must provide their license number near their signature on the Affidavit of Service. Licensed process servers are not required to have a witness present when completing service.

In addition, if a document is placed in the drop box, and the justice court clerk’s office determines that the attempted filing is defective based on the absence of filing fees or based on any other legitimate reason, that document will not be deemed filed until the defect has been cured. All incorrect filings will be returned for correction. Justice Court is NOT responsible for any documents placed in the Drop Box which are lost, stolen misplaced, or destroyed.

If a five-day notice is personally served on a Monday in a month without any holidays to the Tenant, the landlord must wait until the following Tuesday, the sixth business day after the day of service, before they can file the eviction with the Court.

If a five-day notice is served by the Constable on a Monday in a month without any holidays to the Tenant, served to another occupant or posted, the Landlord must wait until the following Tuesday, the sixth business day after the day of service before they can file the eviction with the Court. A Certificate of Mailing is not required when the Constable serves the Notice.

If the five-day notice was not personally served to the Tenant, a Certificate of Mailing is required to complete the service requirements. The notice may have been given to somebody else at the address of the eviction or posted in a conspicuous place. When this type of service is completed on a Monday in a month without any holidays to the Tenant, the landlord must wait until the following Friday, the ninth business day after the day of service, before they can file the eviction with the Court.

Las Vegas Justice Court does not accept early Landlord Filings unless the Tenant has already filed an answer to the Notice with the Court.

After Hours Filing

The Court has provided a Drop Box that is available during the day and after court business hours for customers to leave documents not needing immediate attention. The Drop Box is located in the lobby of the Clark County Regional Justice Center . The amended Rule 5 defines the papers eligible for filing through the Drop Box as all papers and pleadings, including but not limited to, motions, oppositions, replies, affidavits, and points and authorities. This includes filings where the filing fees are paid by check. No cash for Fee payments will be accepted.

The Box includes a file clock to date and time stamp the documents. All documents, including copies, must be “received stamped,” paper clipped, and placed into an envelope or mailbag before being deposited. This will ensure documents are not misplaced or inadvertently attached to other documents.

Documents placed in the drop box shall be deemed filed as of the date and time stamped on the paper or pleading. However, if a document is placed in the drop box without being date and time stamped, that document will not be deemed filed until it is date and time stamped by the clerk’s office. Such documents will be time stamped with the next judicial day’s date.

If the Landlord prepares and serves the notice, or a third party (not a licensed process server) performs the service or posting, a witness must be present at the time of service or posting. The Witness must sign the Affidavit of Service and have their signature notarized or sign and date the un-sworn statement “I declare under penalty of perjury under the law of the State of Nevada that the forgoing is true and correct.”

Note: Not following the requirements outlined in this section may cause the eviction to be denied by the court.

1. Personal Service: Server and witness must do the following:

• Serve the Notice on the Tenant;

• Have the tenant sign the Landlord's copy of the Notice. (If the tenant refuses to sign, write Tenant Refused to Sign;

• Server and Witness sign an Affidavit of Service;

• It the Tenant refuses to sign the Notice accepting Service, the Server and Witness signatures must be notarized or contain a signed un-sworn declaration that may be signed in place of having the document Notarized. (Notarization must be done before filing the Eviction Documents.)

• Present a copy of the Notice and an original signature on the Affidavit of Service when filing for the Summary Eviction.

2. Service On An Individual Other Than the Tenant. If unable to personally serve the Tenant, Server and Witness must complete the following:

• Notice is Served on an occupant, not the Tenant;

• Mail a copy of the Notice to the Tenant. (Obtain a Certificate of Mailing from the U. S. Post Office -- Not Certified Mail -- as proof of mailing.)

• Complete (sign) an Affidavit of Service which must be Notarized or contain a signed un-sworn declaration that may be signed in place of having the document Notarized. (Notarization must be done before filing the Eviction Documents.)

• Present a copy of the Notice, an original signature on the Affidavit of Service and Certificate of Mailing when filing for the Summary Eviction.

3. When Notice is Posted. If unable to serve the Tenant or occupant, Server and Witness must do the following.

• Post the Notice in a conspicuous place on the leased property;

• Mail a copy of the Notice to the Tenant; (Obtain a Certificate of Mailing from the U. S. Post Office -- Not Certified Mail.)

• Sign and Notarize the Affidavit of Service or contain a signed un-sworn declaration that may be signed in place of having the document Notarized. (Notarization must be done before filing the Eviction Documents.);

• Present to the court, a copy of the Notice, the Affidavit of Service with an original signature, and a Certificate of Mailing when filing for the Summary Eviction.

Un-Sworn Declaration that may be used in place of Notary: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

Filing Fees

Filing fees are due at time of filing. Payment may be made by cash, VISA©, MASTERCARD®, personal check, money order, or cashier's check. Please do not send cash through the mail.

Required Documents to File Summary Eviction

The following documents are required to be completed to file a Summary Eviction with the Court:

Affidavit of Complaint for Summary Eviction . Provide one original and one copy at the time of filing.

• Signature of the affiant must be either notarized or the affiant must sign an un-sworn statement.

• Tenant name and address listed on the Complaint must match the notice exactly, including all references to other occupants and include the city, state and zip code as reflected on the notice.

Tenant Notice(s) and Affidavit of Service. Notice may be a copy, but the signatures of the server and witness, if applicable, must be original on the Affidavit of Service.

• Notice must be typed and clearly legible.

• Notices may not be altered in any way.

• Notices must advise the tenant the Las Vegas Justice Court (or some similar specific reference) has jurisdiction over the matter. Notices that merely refer to “the justice of the peace,” or “Clark County Courthouse,” or some other nonspecific designation will not be valid.

• Notices must either be notarized or contain the un-sworn statement that the server and witness has signed.

• If the Constable’s Office served the notice, the Landlord must pick up the Notice from the Constable’s Office before filing with the Court.

Certificate of Mailing. Submit one legible copy per complaint.

• Where required by law, a legible certificate of mailing that contains the complete address of the tenant and a legible postmark from the United States Post Office. (A postage meter or private mail service will not be accepted.)

• f the certificate of mailing is less than 8 ½ by 11 inches, it must be mounted or copied on 8 ½ by 11-inch paper.

• No alterations to the certificate of mailing can be made.

Order for Summary Eviction. Submit original and 3 copies.

• Order must be legible.

• Tenant Name and Address must match the notice exactly.

• Address listed in the body of the order must include city, state and zip code.

• Do not check any boxes in the body of the order.

• Do not date or sign the order.

Constable’s Instructions. Submit original. The clerk will return this document to the person filing with the case number stamped on it.

• Tenant Name and Address must match the notice exactly.

• Address to be evicted must include city, state and zip code.

Timing of Filing

Landlords may not file their paperwork for a summary eviction until after the notice answer period for the Tenant has expired. If the notice was also mailed to the tenant to meet service requirements, the Landlord must add 3 calendar days to calculate the correct first filing date.

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