IMPORTANT: Your tenant can file a “motion to stay” at any point in this process. Just because they are wrong or haven’t paid, doesn’t mean that they can’t file a motion. By law, a judge must listen to a tenant’s “motion to stay” regardless of circumstances. Many investors can’t wrap their mind around this fact. Some tenants will file a motion just to buy more time. The “motion to stay” costs the tenant $50. If a “motion to stay” is filed, we will appear on your behalf. Even if the tenant wins the fight, the tenant MAY still be allowed to stay another week. Rulings are arbitrary and we have no way of knowing which judge will be at the fight or what the outcome will be. Lost fights have always been due to the investor promised something to the tenant and didn’t tell us.
Timeline: Days are approximate because there may be human error, justice clerk attitudes, holidays or judge’s calendar issues. We go as fast as possible and will keep you informed on every step of the process.
Day 6 – Five Day Notice ($30). If the tenant doesn’t pay us this, you will reimburse us.
1. Notice posted on door. We pick day 6 because judges have recently been giving us a hard time about posting notices on day 4.
2. Notice sent via certificate of mailing.
3. Original notice kept on file.
Essentially a 5 day notice really means 10 business days unless the tenant signs the 5 day notice. Tenants never come to the door so just consider this a 10 day notice. These are 10 business days and we put these dates in our calendar so we can toss them out as early as possible.
There are 3 cities in the Las Vegas area: Las Vegas, North Las Vegas and Henderson. Each one has a different form. Henderson is closed on Fridays and that day doesn’t count for the 5 day notice clock. National holidays are also not counted.
What you do: If your tenant is late for more than 3 days, it is recommended that you contact them only once and only for the first time. After their first “oops” never contact them again. Go straight for the 5 day notice. Each notice should get an increase in fees to break that habit. You may remind them that we accept credit cards for a 5% surcharge. NEVER NEVER NEVER treat your tenants with disrespect. Disrespect will cost you in the long run. *IMPORTANT: If we do not have keys on file, this is good time to mail them to us.
Day 20 – Summary Eviction is Filed At Court ($150). If the tenant doesn’t pay us this, you will reimburse us.
1. The summary eviction is filed at the appropriate court house.
2. Instructions to the constable are filed the same day.
3. The eviction is reviewed by a judge. If there is no “motion to stay” the judge will provide the constable a document that enables them to schedule a “24 hour notice” to vacate.
If a motion to stay is accepted, the court will establish a court date about this time. We go to court about twice a month and never lose. This three hour goat rope will cost you $250.
Worst Case Scenario: A “Fighter” will cost you this:
$35 – 5 Day notice posting
$150 – Filing Summary Eviction
$250 – Court Appearance
$200 – Lock Out (includes constable, lock change and video)
$585 – Total
What you do: Do not answer any tenant phone calls and forward any emails to your agent. At this point, you need to cut yourself out of the communication loop. Timing is critical and we must be able to have direct and simple communication with your tenant. We don’t want the “mom said – dad said” scenario where the tenant begins fishing for the answer they want. Some tenants are clever and will exploit that confusion. Picture a 12 year old that wants to go out to play and mom says no. We have lost fights in court because the investor communicated directly to the tenant and didn’t tell us.
We get about 1 fighter a week out of 600 doors. This means you have about a 3% chance that one of your tenants will go all 12 rounds with us. 90% of the tenants will throw in the towel on round one with a 5 day notice.
Day 22 – 24 Hour Notice To Vacate
1. This “24 hour notice” is posted on the front door. It’s red, big, ugly and get’s everyone’s attention. We refer to it as the “red sticker.” 90% of the time, a tenant will contact us and plead for mercy or simply disappear into the night.
2. We usually visit the property at this point to see if we can avoid constable drama the next day. If the tenant is still there and has their head in the sand, we will continue.
What you do: Do not communicate with the tenant. Contact us immediately if you receive payment and/or if the tenant attempts to contact you. If you receive payment, we recommend that you stop this process. If the tenant calls us and pleads for mercy, we recommend allowing them to leave gracefully. If the tenant is making departure progress, we will extend the lockout.
Day 23 – Tenant is Locked Out ($100). If the tenant doesn’t pay us this, you will reimburse us.
1. The constable will call us at about 8am to coordinate a time for the lock out. We will be on call and ready for drama.
2. An agent will meet the constable and a locksmith at the same time. If we have keys, we will put a temporary deadbolt on the door. If we don’t have keys, a locksmith will generally charge $85 to re-key all the locks.
3. The constable will clear the house of people and pets. We will video the house and its contents.
4. There will be another “red sticker” that states that anyone entering will be considered trespassing. If the tenant attempts to reenter, they can be arrested.
What you do: Stand by for a phone call. A zillion problems or circumstances can come up that may require your decision. It is super important that you take our call or your agent will have to make a decision on your behalf.
“What if’s” and things that can happen could fill a book. We do at least one eviction a week and a lock out about every month. Our philosophy is to allow your tenants to leave with dignity and all their belongings. It’s bad karma to kick tenants while they are down.
Abandoned Property Process
1. If the house is clear and/or abandoned, we will just start processing the property as if it’s a new acquisition.
2. Locks will be changed and we will give you an estimate for repairs along with a video of the property.
3. Any abandoned items are placed in the garage. Materials less than 2 garbage cans will just be left there for the future tenant to dispose of.
We will turn your property “on” automatically at this point and usually advertise the same terms unless you say otherwise. Let us know asap if you want to change any rental terms.
Personal Property – Not Abandoned
1. If the house has not been abandoned and there is a house full of personal items, we will schedule a time / date for removal of those items with your tenant.
2. We generally have someone that’s paid hourly to stand guard over the property until all items are removed. If the tenant is making progress and has a good attitude, we will give them some latitude.
3. Once personal belongings are gone, we will process the property like a new acquisition. We will video the property and provide you with an estimate.
By law, we are required to store personal items for up to 30 days. If the tenant doesn’t make an effort to remove these items, we will put them in the garage. After 30 days, we generally take, give away, or throw away anything left.
ATTENTION: IF YOU ARE JUST HIRING US TO EVICT YOUR TENANT
We will ask you these questions BEFORE we take you on. If you don’t answer truthfully, we will find out anyway and you will have wasted all your money. Being ambushed in court seriously pisses us off.
1. Do you have anything wrong with the property? AC not working? Plumbing doesn’t work? Monkeys in the attic?
2. Do you have a lease signed by both parties? Not forged, right? If you don’t have a lease, that’s cool but we need to know now.
3. Did you make promises like putting in new carpet or deferring rent in exchange for some services? We mean any kind of service…
4. Is the tenant related to you? Best friend? Ex girlfriend? Married to you? Ya. Happens and there is nothing more painful than finding this out in court.