STOP – Nothing can be done to evict your tenants until September 1st.
Our preferred process server is Leavitt Evictions. They are awesome. If you want to play with eviction yourself and save a little money, you can contact them directly. Most investors are wise enough to let us complete the whole task. We have been tossing naughty tenants for a couple of decades.
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. Some tenants will file a motion just to buy more time. The “motion to stay” costs a tenant $74 or free if the tenant can demonstrate they are broke. 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 court battles have always been because the owner said something to the tenant and didn’t tell us or had an outstanding maintenance issue. If you are communicating with the tenant, you must stop immediately!
Most tenants in the COVID crises have expired leases. It will be safer if we give your tenant a 30 day notice than it will be to do an eviction on non payment of rent.
Worst Case Scenario: A “Fighter” will cost you about $800.
$50 – 7 Day notice posting
$150 – Filing Summary Eviction
$300 – Court Appearance
$300 – Lock Out (includes constable, lock change and video)
$800 – Total
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 – Seven Day Notice ($50)
Leavitt Evictions will legally make sure this is served properly. We have found serving on day 6 as the optimal number of days to clear grace periods. The majority of our tenants come to Jesus on the 7 day notice.
We encourage tenants to leave gracefully if there is no hope. The conversation is something like this: “It appears you may not be able to catch up. You can end your pain and suffering if you can collect all your things this weekend and move to another location which is more affordable. We will help you relocate if you work with us. If this is something you are interested in, contact me immediately so you don’t have an eviction on your record.” This benefits our owners because the tenant will leave the property in better condition and the owner won’t have to pay for the eviction. We can also avoid stowing their crap for 30 days and put the property back on the market. Getting a better tenant to move in quickly saves owners in the long run. Graceful departures are highly recommended.
Day 18 – Summary Eviction is Filed At Court ($150)
1. The summary eviction is filed at the appropriate court house. 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.
2. Instructions to the constable are filed the same day in Henderson and North Las Vegas. Constable instructions are filed in Las Vegas once the summary eviction has been approved.
3. An 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.
Day 18 – 24 Court Case ($300): If a motion to stay is accepted, the court will establish a court date. There are all kind of court case scenarios and some or more entertaining than others but in general, tenants lose because they didn’t pay rent. This isn’t California. Occasionally a judge will buy some fabricated maintenance issue and set a new court date but this is rare. By the way, the reason why this is so much is because it takes about 3 hours to park and get our case heard.
Do not communicate with your tenant!
Forward any emails or text messages to us.
Day 22 – 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.
Day 24 – Tenant is Locked Out ($300)
- 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.
- 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.
- The constable will clear the house of people and pets. We will video the house and its contents.
- 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.
Here are some examples of tenants placed by other property management companies:
Stand 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 can fill a book. 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.
NOTE: 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. You will be paying this $50 up front. This $50 will be added to the tenant ledger in the event they intend to stay. If they never pay it, it goes against their security deposit.
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 A NEW CLIENT
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.
Evictions Other Than Non-Payment of Rent
All that other stuff applies but the process is a little different. Buckle yourself up for some Rocket Science.