If the tenant did not comply with the Seven-Day Notice to Pay Rent or Quit or the Five-Day Notice to Quit for Unlawful Detainer, the landlord can file documents with the justice court for the township where the rental property is located to request an eviction order.
TIP! In the Las Vegas Justice Court, you cannot file the Complaint for Summary Eviction until the time for the tenant to file an affidavit/answer has expired. (JCRLV 34(f)(2)(A).) In other words, if you served a Seven-Day Notice to Pay Rent or Quit, you cannot file the complaint until the eighth judicial day (counting only business days) following the day of service. (NRS 40.253(1)(a).) If you served a Five-Day Notice to Quit for Unlawful Detainer, you cannot file for five full business days after the day of service. (NRS 40.254(1).) In other justice courts, you may be able to file the complaint once the tenant has filed an affidavit/answer, even if the notice period has not expired.
To start a summary eviction case, the landlord must file all of the following (per NRS 40.253(5), NRS 40.280(3), and JCRLV 34(f).):
1. A completed Complaint for Summary Eviction.
Click here and select the "Clark County Summary Eviction Complaint" interview for an automated forms interview that will fill out the form after you answer a series of questions. At the end of the interview, you will have to print your form, sign it, and file it.
2. All eviction notices served on the tenant.
TIP! When you prepare your complaint, make sure your name and the tenant's name and address are listed in your complaint exactly as they appear on the eviction notices you served.
3. An original declaration of service and, when required, an attorney's declaration.
4. The written rental or lease agreement, if there is one.
5. A completed Civil Court Cover Sheet if you are filing in a justice court other than Las Vegas (and only if the tenant has not already filed an affidavit/answer).
This form is available for free at the Self-Help Center, or you can download it on your computer by clicking one of the formats underneath the form's title below:
In the Las Vegas Justice court, the landlord's complaint and supporting documents must be filed electronically. Click to visit the Las Vegas Justice Court website for more information. In any other justice courts in Clark County, the landlord will need to take one original and one copy of all documents to the appropriate justice court. All justice courts will charge the landlord a $71 fee to file the complaint.
CAUTION! The Las Vegas Justice Court requires that you file the complaint within thirty days after the eviction notice expires or the notice will be deemed expired and you will have to serve a new notice. (JCRLV 34(e).) Other justice courts in Clark County may have similar time limitations, so check with the applicable justice court if you have questions. For contact information, click to visit Justice Courts.
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