Landlords - How to File
Month to Month Rental:
|*||The landlord may evict a tenant for any reason.|
|*||The landlord must serve the tenant with a 30 day no cause eviction notice.|
|The landlord may evict a tenant for any reason.|
|*||The landlord must serve the tenant with a 7 day no cause eviction notice.|
The landlord may use a notice supplied by the Court or may serve his own notice. If the landlord chooses to serve his own notice, the clerks of Incline Justice Court will not be able to give advice on how to prepare it.
How to File
|*||Complete the 30 or 7 day no cause eviction form.|
You must provide the following information to the Court whether you use the Court's notice or write your own:
|2.||Tenant's rental address|
|3.||Date you wish the tenant to vacate (if 30 day notice, 30 days following date of service; if 7 day notice, 7 days following date of service)|
|5.||Landlord's signature (if for a motel or apartment complex, print that name below the signature)|
|6.||Landlord's address and phone number|
|*||It is the landlord's responsibility to provide 3 copies of the completed notice. A copy of this notice is then served on the tenant.|
|*||The Court does not issue the 30 or 7 day no cause notice before service on the tenant and no fee is charged for the 30 or 7 day no cause notice.|
Serving the Notice on the Tenant
|*||Service must be made in person (if possible) and a witness must be present.|
|*||The tenant may be served by the landlord or the Washoe County Sheriff or licensed process server.|
If the landlord chooses to serve the tenant personally, the notice must be handed directly to the tenant and the tenant must sign the original notice indicating acceptance of service.
a. witness must also be present to observe service and the witness must also sign affidavit of service.
If the landlord chooses not to or cannot serve the tenant personally, the landlord may hand the notice directly to a person of suitable age and discretion at the residence and mail a copy of the notice to the tenant at the rental address by "Certificate of Mailing". If the landlord attempts service in this manner and no one answers to door, the landlord may post the notice in a conspicuous place (preferably the front door of the residence) and mail a copy of the notice to the tenant at the rental address.
Personal service may also be accomplished by the Sheriff or a licensed process server. A substation of the Washoe County Sheriff is located at 195 South Sierra Street. The Washoe County Sheriff's Department Civil Division is located at 911 Parr Boulevard. The Court maintains a list of licensed process servers or also can be found in the telephone directory.
a. The Sheriff or a licensed process server is not required to obtain the tenant's signature nor have a witness.
b. Check with the Washoe County Sheriff or licensed process server for service fees.
IMPORTANT: If the notice is mailed to the tenant, the landlord must obtain a "Certificate of Mailing" from the Post Office at the time of mailing. "Certificate of Mailing" is proof that the notice was mailed on a certain date. It is not the same as mailing by certified mail. Obtain a Certificate of Mailing rather than using Certified Mail to ensure that the eviction process is correct.
Unlawful Detainer Notice
|*||If the tenant remains on the property beyond the time allowed in a no cause eviction notice, the landlord may request the court to set an "unlawful detainer" hearing. The landlord must bring the original no cause eviction notice, a copy of which was served upon the tenant, a completed affidavit of service with the signature of the witness and the certificate of mailing (if applicable). You will receive an "unlawful detainer" notice to complete. You will also receive an affidavit of service and an unlawful detainer affidavit.|
|*||The two affidavits will not be completed until you come to court on your court date.|
|*||The filing fee for the unlawful detainer notice and lockout order is $55.00.|
Complete the following on the unlawful detainer notice:
|3.||Landlord's signature (if it is a motel or an apartment complex, please print that name below the signature).|
|4.||Landlord's address and phone number|
The tenant must be served with a copy of the unlawful detainer notice. KEEP THE ORIGINAL NOTICE.
Disposition after Hearing
|*||A lockout order is required to be served immediately, but in no case later than 24 HOURS after the Sheriff receives it.|
If the judge grants a lockout order, you must bring your paperwork to the Civil Division and the clerk will process the lockout and charge you a $6.00 lockout fee.
|*||You must then take that paperwork directly to the Washoe County Sheriff's Office and pay a fee for service of the order. No one except the Sheriff may serve a lockout order. You will need to check with the Sheriff for the actual amount of the service fee.|
If the judge gives the tenant time to pay or move, you may return to Court on the day specified by the judge on the affidavit that the tenant was to pay or move. If the tenant fails to comply with the judge's order an immediate lockout may be obtained.
Tenants - How to Answer
After you have been served with the 30 or 7 day no cause notice - you cannot file an affidavit of tenant to contest the notice because the 30 or 7 day no cause notice was NOT issued by the Court.
If you are still at the residence after 30 days, the landlord may then serve you with an unlawful detainer notice. You have the option at that time to either file an affidavit of tenant OR appear on the court date and contest the matter at that time. You must still pay your rent if the 30 or 7 days overlaps your monthly or weekly rate. A 30 or 7 day notice has nothing to do with rent.
The filing fee for the affidavit of tenant is $33.00.
Preparation for Hearing
When you appear for the hearing, check in with the clerk and your will be directed to the in which the eviction matters are being heard. You will need to be prepared to defend the allegations made in the notice at this hearing so bring any appropriate documentation.
Disposition of the Hearing
|*||A lockout order is required to be served immediately but in no case later than 24 HOURS after the Sheriff or Incline Constable receives it.|
|*||If the judge grants the lockout order, you will be locked out of the unit upon service of the order.|
|*||If the judge gives you time to pay or move and you don't comply, you will be locked out within 24 HOURS.|
THIS MEANS THAT YOU MAY BE LOCKED OUT ON THE SAME DAY THAT THE LOCKOUT ORDER IS GRANTED.