Overview Of The "Formal" Process

Get a quick overview of the "formal" procedure that landlords sometimes use (and must use in some circumstances).

 
Intro To Eviction

Unless a tenant has surrendered possession of the rental property to the landlord or abandoned the property, a landlord must file an eviction case in order to remove the tenant.  (NRS 118A.480.)  (Click to learn more about Abandonment.)

Typically, a "landlord" is anyone who provides a dwelling for occupancy pursuant to a lease agreement.  (NRS 118A.100.)  But a landlord-tenant relationship might exist even if there is no written lease.  A rental agreement can be oral as well as written.  (NRS 118A.160.)  To decide whether a landlord-tenant relationship exists, a court could look at whether the landlord consented to the occupancy, the length of the occupancy, and whether any money, goods, or services were exchanged.

CAUTION!  Even if there is no landlord-tenant relationship, Nevada has other laws to prevent the forcible removal or exclusion of an occupant. (NRS 40.220, 40.230, 40.240.)  A breach of the peace or the use of force is never appropriate!

There are two processes the landlord can use to evict a tenant:  (1) the "summary" eviction process, and (2) the "formal" eviction process.  For more information about the difference between the two eviction processes, click to read Choosing the Summary or Formal Process.

 

Formal Eviction Overview

A "formal" eviction allows the landlord to request both possession of the rental property and money in a single lawsuit.  Formal evictions have more and stricter rules than summary evictions.  (That is why they are called "formal.")  A landlord will need a higher level of sophistication to represent him or herself in a formal eviction case and should consider hiring an attorney.  Click to visit Lawyers and Legal Help.

A formal eviction starts by the landlord serving the tenant with an eviction notice.  When the tenant receives the notice, the tenant might choose to leave the property or comply with the notice.

If the tenant fails to comply with the notice, at the end of the notice period the landlord can serve the tenant with a summons and a complaint for unlawful detainer that asks the court to award the landlord possession of the property.  The landlord can also ask for a money judgment against the tenant.

In response to the complaint, the tenant can file an answer to oppose the landlord's claims.  The tenant can also file a counterclaim for a money judgment against the landlord and can demand a jury trial.

If the landlord wants possession of the property prior to trial, the landlord can schedule a "show cause" hearing, at which the judge will decide whether the landlord is entitled to possession of the property as the case moves forward.  Otherwise, the landlord can file a notice setting the case for trial.

At trial, the judge (or jury) will decide whether the landlord is entitled to permanent possession of the property and whether any money judgment should be awarded.

The flowchart below shows how a formal eviction works.  To download the flowchart, click on the link below:

Flowchart - Formal Eviction

For more information about the formal eviction process, click to read Filing a Formal Eviction and Responding to an Eviction Notice.

 flowchart-formal-eviction