Evictions

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STOP – As of July 1st, 2019, there are significant changes in Nevada Laws. There are new forms and new processes so this isn’t something you should attempt yourself. 

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 $74 or sometimes free if the tenant can demonstrate they are broke. Which is why they can’t pay rent. If a “motion to stay” is filed, we will appear on your behalf. Even if the tenant loses 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 because the owner said something to the tenant and didn’t tell us. If you are communicating with the tenant, you must stop immediately!

Worst Case Scenario: A “Fighter” will cost you $690. Best case scenario is your tenant comes to Jesus on the 7 day notice. We put all these costs on the tenant ledger even though recent laws do not allow us to include those costs on the 7 day notice. Those costs are deducted from their security deposit. Costs above and beyond the security deposit will be sent to collections if it’s above $1000. We have never received funds from a collections but rumor is that it happens from time to time.

$90 – 7 Day notice posting
$150 – Filing Summary Eviction
$250 – Court Appearance
$200 – Lock Out (includes constable, lock change and video)
$690 – Total

arrow red 100Timeline: 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.

check purple 100Day 6 – Seven Day Notice

We now have to hire a licensed process server to do this. A notice posted on door. We pick day 6 because judges have recently been giving us a hard time about posting notices on day 4.  There are 3 cities in the Las Vegas area: Las Vegas, North Las Vegas and Henderson.  Henderson is closed on Fridays and that day doesn’t count for the 7 day notice clock. National holidays are also not counted.

check purple 100Day 13 – Summary Eviction is Filed At Court. 

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 “48 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 once a month and never lose. The reason why this is so much is because it takes about 3 hours to park and get our case heard.  Do not answer any tenant phone calls and forward any emails to us.

check purple 100Day 17 – 48 Hour Notice To Vacate

1. This “48 hour notice” is posted on the front door. It’s red, big, ugly and gets 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.

check purple 100Day 19 – Tenant is Locked Out 

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.
3. The constable will clear the house of people and pets. We will video the house and its contents.
4. There will be an “orange sticker” that states that anyone entering will be considered trespassing. If the tenant attempts to reenter, they can be arrested.

alert red 100Stand by for a phone call. There are a million things that can wrong and we may need to ask you some questions. Sometimes it’s just a matter of asking you if you will let the tenant stay for a large sum of cash or if you want us to start boarding up a property.  “What if’s” and things that can happen could fill a book. We do at least one eviction every 2 months and some people hire us just to do this process. 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.

green info 32Abandoned 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.

green info 32Personal 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.

check blue 100ATTENTION: 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?  When this happens, there is nothing more painful than finding this out in court.