Respond to a Summary Eviction Notice: Summary eviction actions begin with the landlord serving you a notice. The notice will inform you as to why the landlord is seeking the eviction and how much time you have before they will ask the judge to order you to move out. If the landlord is seeking to evict you for nonpayment of rent, they will serve you one notice (e.g., Seven Day Pay or Quit). If the landlord is seeking to evict you for a reason other than nonpayment of rent, they will serve you with two notices (the first notice states the grounds for the eviction and the second notice is for unlawful detainer).
If you disagree with the eviction notice(s), you may file a Tenant’s Affidavit in Opposition to Summary Eviction (commonly referred to as an “Answer”) within the timeframe to contest the notice. The Answer lets the court know you disagree with the notice(s), and you are requesting a court hearing. There are two different Answer forms, one for nonpayment of rent and one for anything other than nonpayment of rent, make sure you choose the form that corresponds to your notice(s). If you are filing an Answer for other than nonpayment of rent, you must bring paper copies of both notices when you file your Answer at the court. If you are filing an Answer for nonpayment of rent, bring a paper copy of the Pay or Quit notice.
The following are required when you file an Answer with the court:
• Tenant's Affidavit in Opposition to Summary Eviction:
• All eviction notices you received (for other than nonpayment of rent you must include both the first notice and the Unlawful Detainer notice); and
• $71.00 for the filing fee.
Prepare for and Attend the Court Hearing: If you filed an Answer with the court during the eviction notice period, you can expect the court to set a hearing date when the landlord files the Landlord’s Complaint for Summary Eviction. The details of your case may be viewed online by accessing the Case Search Portal.
Bring evidence and/or exhibits to the court hearing. Print three copies of any pictures, text messages, emails, etc. on standard 8½in. x 11in. white paper. Evidence and exhibits must be clearly labeled.
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File for a Summary Eviction: To evict a tenant from your residential property, you must follow the eviction process. Generally, the Summary Eviction process involves the following steps:
- Serve eviction notice(s) on tenant(s). All eviction notices must be served by either a constable, sheriff, licensed process server, or agent of an attorney licensed in Nevada.
- Access the online case search portal. After the tenant’s deadline to respond to the notice has passed, search the case search portal to see if a Tenant’s Affidavit in Opposition to Summary Eviction (i.e., “Tenant Answer”) was filed by the tenant. If the tenant filed a Tenant Answer, then a case number was assigned, and you will need that case number to file a subsequent filing on the case.
- File paperwork with the court. After the tenant’s deadline to respond to the notice has passed, you need the following to initiate your case (or to file a subsequent filing if the tenant filed a Tenant Answer):
- Landlord’s Complaint for Summary Eviction (must be typed);
- Eviction Notice(s) Served on the tenant;
- Proof of Service of Eviction Notice(s);
- Lease Agreement; and
- $71.00 filing fee.
- Attend the court hearing, if necessary. If the tenant filed a Tenant Answer, expect the court to schedule a hearing. Bring evidence and/or exhibits to the court hearing. Print three copies of any pictures, text messages, emails, etc. on standard 8½in. x 11in. white paper. Evidence and exhibits must be clearly labeled.
- Contact the Constable. If the judge signs an eviction order, you must contact the Henderson Township Constable to remove the tenant. The details of your case may be viewed online by accessing the Case Search Portal.
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