Civil Removal Process
Civil Removal Process
An owner can have an unlawful/unauthorized occupant removed through a civil process, whether or not there has been an arrest. Nevada law requires a 4-day notice to the occupant, instructing the occupant to leave the property.
NOTE: the 4 day notice to surrender means 4 judicial days, and does not include the date of service, Friday, Saturday, Sunday, or holidays.
The steps in a Civil Removal Process are:
1. Owner issues a 4 Day Notice to Surrender.
2. Owner has occupant personally served with the Notice.
3. Occupant can leave or file an Answer with the court.
4. If occupant does not leave, Owner must file a Complaint.
5. The Judge may or may not set a hearing, and may or may not order the occupant to be removed.
1. Prepare the 4 Day Notice to Surrender
The 4-day Notice to Surrender must tell the tenant:
- The name of the court that has jurisdiction over the matter,
- That the occupant has the right to oppose the notice by filing an affidavit with the court before the court's close of business on the fourth judicial day following the date of service,
- That if the court decides the occupant is guilty of forcible entry or forcible detainer, the court could issue a summary order, directing the sheriff or constable to remove the occupant within 24 hours,
- That the owner will provide safe storage of the occupant's property for 21 days after the removal or surrender of the property, but that the occupant will have to pay for the reasonable and actual costs of inventory, moving, and storage of the property.
Make 2 copies of the notice - one to give the occupant and one to keep and provide to the court later if needed.
NOTICE TO SURRENDER
Henderson | All Other Jurisdictions
The notice should be specific, typed or neatly written, and must not be altered in any way. (JCRCP 101, JCRLV 34(f)(1).)
2. Have the Occupant Personally Served with the Notice
If you're an owner, you can prepare and serve the Notice to Surrender yourself. But be careful! There is a lot of potential to make mistakes. If you believe you need help, you can have the constable prepare and serve the eviction notices for you for a fee. Visit Constables & Sheriffs for contact information.
The owner must then properly serve the Notice to Surrender on the occupant. The notice must be served in 1 of the 3 following ways in compliance with NRS 40.280:
- Serving the occupant personally, in the presence of a witness. The occupant, witness, and server all have to sign the Notice.
- If the occupant is not at the property, leaving a copy with a person "of suitable age and discretion" (at least 14 years old) AND mailing a copy to the occupant at the address of the property.
- If no one answers the door, by posting a copy of the notice in a conspicuous place on the property AND mailing a copy to the occupant at the address of the property. CAUTION! You must go in order. Meaning you have to knock first and see if the occupant is there. If the occupant isn't there, then you can give it to the person of suitable age and discretion AND mail it. If no one answers, then you can post it AND mail it.
Fill out the Declaration of Service at the bottom of the copy of the Notice that you are keeping for your records.
The owner can also have the constable serve the notice, and constable does not require a witness upon service. If you want the constable in your township to prepare and serve the eviction notice for you, contact the local constable's office to make arrangements and obtain fee information. Click to visit Constables & Sheriffs.
3. Occupant's Choices: Leave or File an Answer at the Court
After the occupant is served with the Notice, the occupant can (1) surrender or leave the property or (2) file an affidavit with the court that states a defense and/or asks for additional time to move out. The affidavit/answer contains a section where the occupant can ask the court to stay (pause) or delay the removal and grant the occupant up to 20 more days to move. This is the occupant's only opportunity to request that extra time. If the occupant does not file an answer within the 4-day period, the occupant cannot request more time after the constable locks the occupant out.
Filing the answer does not guarantee the occupant a hearing. The occupant must state a legal defense in the answer in order to get before the judge.
OCCUPANT'S AFFIDAVIT/ANSWER TO NOTICE TO SURRENDER
PDF Fillable
After filing the answer, the occupant must mail a copy of the filed answer to the owner, fill out a Certificate of Service, then file that Certificate of Service with the Justice Court.
Certificate of Service - Occupant's Answer
There is a $71 filing fee. If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"):
JUSTICE COURT APPLICATION TO WAIVE FILING FEE
Las Vegas | Henderson | North Las Vegas
You can file the forms in one of these ways:
- Las Vegas Justice Court:
Online: You can file through the court's e-filing system, eFileNV. There is a fee of $2.50 to upload your documents. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your document.
In Person: Regional Justice Center, 1st floor, 200 Lewis Avenue, in Downtown Las Vegas. Mon - Thurs, 7am - 5pm, excluding holidays.
- Other Justice Courts: Visit our Justice Courts page for links and information on options to file.
4. Owner's Complaint
If the occupant has not left the property after the 4 days, the owner can file a complaint with the Justice Court where the property is located. The owner must attach the Notice of Surrender and proof of service to the complaint.
If the occupant filed an answer, use the same case number that is listed on the answer.
OWNER'S AFFIDAVIT OF COMPLAINT FOR REMOVAL OF UNLAWFUL/UNAUTHORIZED OCCUPANT
PDF Fillable
There is a $71 filing fee. If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"):
JUSTICE COURT APPLICATION TO WAIVE FILING FEE
Las Vegas | Henderson | North Las Vegas
You can file the forms in one of these ways:
- Las Vegas Justice Court:
Online: You can file through the court's e-filing system, eFileNV. There is a fee of $2.50 to upload your documents. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your document.
In Person: Regional Justice Center, 1st floor, 200 Lewis Avenue, in Downtown Las Vegas. Mon - Thurs, 7am - 5pm, excluding holidays.
- Other Justice Courts: Visit our Justice Courts page for links and information on options to file.
5. Court's Review
After the affidavit and complaint are filed, the court will look at the documents. If the occupant filed within the 4-day period and the affidavit raised an element of a legal defense, then the court will schedule a hearing and mail notice of the hearing to both the occupant and the owner. The hearing will be scheduled within 7 judicial days after the filing of the complaint.
If the occupant did not file an affidavit at all, or if the affidavit was late, or if the affidavit did not raise an element of a legal defense, the removal order will be granted.
The court can also grant the removal, but give the occupant extra time to leave the property. The court's order will include the amount of extra time given.
The constable serves the removal order, which requires the occupant to leave within 24 hours.
