Step 5: Attend A Hearing, If Necessary

If the tenant filed an affidavit/answer with the court to contest the eviction the court will schedule a hearing when the landlord files the Complaint for Summary Eviction, regardless of the information in the tenant's affidavit/answer.  (NRS 40.253(6).)

In the Las Vegas Justice Court, the court will mail a notice of hearing to the landlord and the tenant.   (JCRLV 34(b)(1).)  Other justice courts in Clark County may have different procedures for notifying the parties, so check with the applicable justice court if you have questions.  Click to visit Justice Courts for contact information.

At the hearing, the judge will give both parties a brief opportunity to present the facts of their case.  Because summary eviction is intended for cases where the landlord’s right to possession is clear, the court must dismiss the case if it decides there is a genuine dispute over some material fact.  

If the tenant did not file an affidavit/answer with the court to contest the eviction, the court may issue an order directing the sheriff or constable to remove the tenant within twenty-four hours.  (NRS 40.253(5)(a).)

After the court issues a summary eviction order, the tenant could ask the court to "stay" (pause or delay) the eviction or could appeal to the district court.

CONTINUE TO STEP 6 - >