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Summary Evictions - Tenant

The Las Vegas Township Justice Court accepts all Summary Evictions filings within the Las Vegas Township. To process a response to a Summary Eviction through the Las Vegas Justice Court, the Tenant MUST reside in the Las Vegas Township. If the Tenant lives in another Township, such as Henderson, North Las Vegas, etc., the response must be filed in that court.


This information is intended to help Tenants respond to Summary Evictions with the Las Vegas Township Justice Court. Court employees may only explain court procedures. They are prohibited by Nevada law from offering legal advice. Assistance is available in the Self-Help Center , located on the 1st floor of the Regional Justice Center, 200 Lewis Ave., in Downtown Las Vegas. The Self-Help Center is open from 8:00 a.m. to 4:00 p.m., Monday through Friday, except holidays. They provide instructions and help in filling out common court forms. Their web site is: http://www.clarkcountycourts.us/CivilSHC/index.html. If you have specific questions on Eviction matters, consult an attorney or contact the Clark County Law Library. The Law Library's address is: 309 S. Third St. #400, Las Vegas, Nevada, 89155-7340. The phone number is: (702) 455-4696. Library staff cannot provide legal advice but they may refer you to sources you may research.


The Court Clerk's Office is located on the second floor of the Regional Justice Center, 200 Lewis Avenue. Business hours are 8:00 AM to 4:00 PM, Monday thru Friday, excluding holidays.


Customers will ONLY be able to obtain customer service tickets from the Court's Q-Matic Customer Call System between 8:00 am and 4:00 pm.


After-Hours Filing  (Effective July 16, 2011, After Hours Filing Will No Longer Be Allowed)


Effective August 1, 2011, electronic filing (E-Filing) is mandatory for all civil case filings, except Orders needing a Judge’s signature.  Court users may E-File from any location with an internet connection for a fee, or may E-File at the Las Vegas Justice Court without an E-Filing fee.  See E-Filing & Service for further information.

 

IMPORTANT NOTICE:  E-Filing a Document Does Not Guarantee that it has been Successfully Filed with the Las Vegas Justice Court.

Although you have completed your form and “E-Filed” it with the Las Vegas Justice Court Civil Clerk’s Office, the document IS NOT CONSIDERED FILED UNTIL A STAFF MEMBER HAS REVIEWED AND ACCEPTED THE DOCUMENT.  Documents are reviewed by staff in the order they were received.   It MAY TAKE 24 – 36 HOURS TO PROCESS your document once it has been E-Filed with the Justice Court Civil Clerk’s Office, excluding weekends and holidays.   E-Filers will be notified by e-mail when their document has been either accepted or rejected.  Documents may be rejected because of failure to properly complete forms, use proper E-Filing codes, or many other reasons.  If the document is rejected, a REJECTION e-mail will be sent notifying that Submitter that the efiling item has been rejected.  To view the rejection reason, the Submitter must view their E-filing Queue under the Details link for the reason the document was rejected. 

To monitor the status of your document(s) submitted, you may wish to periodically check your E-Filing queue for the document’s status in “Details” link.

Please file your document(s) well in advance of any filing deadline.  If your document is rejected for any reason it will no longer be valid and will not be considered to have been filed.

A DOCUMENT IS NOT CONSIDERED FILED UNTIL IT HAS BEEN REVIEWED AND ACCEPTED BY A JUSTICE COURT CIVIL CLERK.  After Court staff has reviewed your document and has accepted it, A COURTESY E-MAIL WILL INFORM YOU THE DATE AND TIME THE DOCUMENT WAS FILED WITH THE LAS VEGAS JUSTICE COURT.

All Tenants must prepare their own response to Summary Eviction documents.  The Court cannot prepare documents for customers.

Eviction Notice


If you receive an Eviction notice stating that you have the right to contest the Notice by filing an
Affidavit (answer) with the Justice Court Judge, Las Vegas Township, and you wish the Court to know that you are not in default of payment of the rent or in violation of the lease, you may E-File from any location with an internet connection for a fee, or may E-File at the Las Vegas Justice Court without an E-Filing fee.  See E-Filing & Service for further information.


You may also
go to the Regional Justice Center WITH YOUR NOTICE(s) to prepare and E-File the necessary documentation. Tenants may obtain forms from the Self-Help Center located on the 1st floor of the Regional Justice Center to aid the Tenant in preparing the Tenant’s Affidavit (answer) . If your notice has a Noon deadline to file, be certain to arrive early enough to complete the forms and E-File the form before Noon.


If the Tenant cannot afford the filing fee for the Affidavit (answer) , they must also prepare a Fee Waiver Application (Application to Proceed In Forma Pauperis) before arriving at the Clerk’s Office. The Clerk’s Office will receive the documents that the Tenant wants to file; if the Fee Waiver is granted by a Judge, the documents will be filed. If the Fee Waiver is denied, the Clerk’s Office will call the Tenant to advise that the Tenant has 2 business days to pay the fee or the Affidavit (answer) will not be filed.


IMPORTANT: YOU MUST PREPARE AND E-FILE YOUR DOCUMENTS BEFORE THE EXPIRATION OF THE TIME SHOWN ON THE NOTICE. If a Noon Deadline is included in your notice, you must E-File your Affidavit (answer) from any personal computer with an internet connection for a fee, or may E-File at the Las Vegas Justice Court without an E-Filing fee.  See E-Filing & Service for further information.


Motion to Stay Evictions



Justice Court Rules of Las Vegas Township Rule 40 restricts the number of Motion to Stay or Formal Civil Eviction has been granted.  The Tenant may try to obtain a stay in one of two ways:


(1) The Tenant may file one (1) Motion to Stay



The Tenant will be allowed to file only one Motion to Stay. If the Motion is granted by the Court, the Court will stay (postpone) the execution of the judgment for a period not to exceed 10 days (pursuant to NRS 70.010(2)).  Forms that may be used to file a Motion to Stay - Eviction are available on the court's FORMS page under the "Summary Eviction Forms - Tenant " category, or by using the following link, Motion to Stay Eviction.


If this is the first document filed by the Tenant, the filing fee is $71. If the Tenant cannot afford the filing fee for the Motion to Stay, the Tenant must also prepare a Fee Waiver Application (Application to Proceed In Forma Pauperis) before arriving at the Clerk’s Office. The Clerk’s Office will receive the documents that the Tenant wants to file and if the Fee Waiver Application is granted by a Judge, the documents will be filed. If the Fee Waiver Application is denied, the Clerk’s Office will call the Tenant to advise that the Tenant has 2 business days to pay the fee or the Motion to Stay / Vacate Summary Eviction will not be filed.


Note
: Once a Fee Waiver Application has been denied on a case by the Judge, the Tenant cannot submit another Fee Waiver Application. The Tenant must pay the fees at the time of filing the documents.


If the Tenant wants an additional stay (postponement), an Appeal must be filed. The Tenant must comply with the appropriate rules for the Appeal stated below. Remember, the Tenant will not be allowed to file additional motions to stay. Court staff may reject such filings and instruct Tenants that the only remedy is to file an Appeal.


(2) The Tenant may file an immediate Appeal


(A) Summary Eviction Cases


The Tenant may obtain an immediate stay by filing an Appeal and a $250.00 bond with the Court. The Court cannot waive the bond.
The filing fee for an Appeal is $71. If the Tenant cannot afford the Appeal filing fees, the Tenant must also prepare a Fee Waiver Application before arriving at the Clerk’s Office. The Clerk’s Office will receive the documents that the Tenant wants to file and if the Fee Waiver is granted by a Judge, the documents will be filed. If the Fee Waiver is denied, the Clerk’s Office will call the Tenant to advise the Tenant has 2 business days to pay the fee or their document will not be filed.


Note: Once a Fee Waiver Application has been denied on a case by the Judge, the Tenant cannot submit another Fee Waiver Application. The Tenant must pay the fees at the time of filing the documents.


In an action concerning: (a) A lease of commercial property; or (b) Any other property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional bond to be posted to cover the expected costs on Appeal.


A Tenant who retains possession of the premises that are the subject of the Appeal during the time the Appeal is pending must pay to the Landlord rent in the amount provided in the underlying contract or lease between the Tenant and the Landlord as it becomes due. If the Tenant fails to pay the rent, the Landlord may file a new Summary Eviction proceeding by serving the Tenant with a new notice pursuant to NRS 40.253.


(B) Formal Civil Evictions


Pursuant to NRS 40.380, either party may, within 10 days, Appeal from the judgment rendered.  An Appeal by the Defendant will not stay (postpone) the execution of the Judgment, unless within the 10 days the Defendant executes and files a bond with two or more sureties, in an amount to be fixed by the court but which shall not be less than twice the amount of the judgment and costs. This amount is required because if the judgment is affirmed on Appeal, or if the Appeal is dismissed, the party Appealing must pay the judgment and the cost of Appeal, the value of the use and occupation of the property, and the monetary damages of the Landlord during the time the Appeal is pending. When the Appeal is filed and the bond in the amount determined by the Court is filed, all further proceedings in the case shall be stayed.

Motion for Return of Personal Property - Evictions


To obtain the return of personal property, the Tenant (Defendant) may prepare and file a Motion for Return of Personal Property.  If the Motion is filed within 20 calendar days after the summary order for removal of the Tenant or the abandonment of the premises by the Tenant, the Court will set the Motion for hearing.  This hearing must be set within ten (10) days of the date the Motion is filed. (NRS 40.253 (7))


If this is the first document filed by the Tenant in the case the filing fee is $71. If the Tenant cannot afford the filing fee, they must also prepare a Fee Waiver Application prior to arriving at the Clerk’s Office. The Clerk’s Office will receive the documents that the Tenant wants to file and if the Fee Waiver is granted by a Judge, the documents will be filed. If the Fee Waiver is denied, the Clerk’s Office will call the Tenant to advise the Tenant has 2 business days to pay the fee or the Tenant’s document will not be filed.


Note: Once a Fee Waiver Application has been denied on a case by the Judge, the Tenant cannot submit another Fee Waiver Application. The Tenant must pay the fees at the time of filing the documents.


The court will add the date of the hearing to the motion. The Tenant must arrange for service of the Motion upon the Landlord by the Sheriff’s Civil Process Section, Constable or other process server. At the hearing, the court may:


(a) Determine the costs, if any, claimed by the Landlord pursuant to NRS 118A.460, and any accumulating daily costs; and


(b) Order the release of the Tenant's property upon the payment of the charges determined to be due or if no charges are determined to be due. (NRS 40.253(8))


If the Motion for Return of Personal Property is filed more than 20 days after the summary order for removal of the Tenant or the abandonment of the premises by the Tenant, the Judge must approve or deny the motion to be set for hearing.


The Tenant (Defendant) may be responsible for costs of property removal and storage.  The amount the Tenant is responsible to pay will be determined at the hearing.  For more information, you may wish to consult an attorney, or research the matter at your local Law Library. Court employees are prevented by statute from providing legal advice.


Motion for Return of Personal Property - Eviction documents are available in the EVICTION FORMS page of this page, or by using the following link; Motion for Return of Personal Property.

Filing Fees


A Filing Fee of $71.00 is required for an Affidavit (answer) to be filed with the court or any other “first document” being filed by the Tenant on an existing Summary Eviction case.


A Filing Fee of $71.00 is required to file a Notice of Appeal on a Summary Eviction case. A bond must be posted to stop the lockout of the Tenant’s property.


If the Tenant cannot afford the filing fee, the Tenant must also prepare a Fee Waiver Application prior to arriving at the Clerk’s Office. The Clerk’s Office will receive the documents that the Tenant wants to file and if the Fee Waiver is granted by a Judge, the documents will be filed. If the Fee Waiver is denied, the Clerk’s Office will call the Tenant to advise that the Tenant has 2 business days to pay the fee or the Tenant’s document will not be filed.


Filing fees are due at time of filing. Payment may be made by cash, VISA©, MASTERCARD®, ATM and debit cards, personal check, money order, or cashier's check.  Please do not send cash through the mail.


Mandatory E-Filing of All Civil Cases Starting August 1, 2011

Starting August 1st, all documents to be filed with the Justice Court's Civil Division (except Judge's Orders for signature) are required to be electronically filed (E-Filing). Users may file through Odyssey E-File & Serve at http://wiznet.wiznet.com/clarknv/ for a charge of $2.50 for each document. This fee is in addition to any applicable Court filing fees. You must have a credit or debit card. The credit card company charges 8 cents (3% as a service charge) to E-File each document outside of the Regional Justice Center.


Users may E-File documents for free (but will still have to pay any applicable Court filing fees) at the scanning stations located in the Justice Court Clerk's Office on the 2nd floor of the Regional Justice Center, 200 Lewis Avenue in Downtown Las Vegas.

Cash, Checks or Money Orders will be accepted for court filing fees at the Justice Court Clerk’s Office on the 2nd floor of the Regional Justice Center.


An email address is required to receive a file stamped copy of your document. A free e-mail account may be set up at the Clark County Law Library located a 309 S. Third Street. Further information regarding the Law Library is available at 455-4696. You may also establish a free e-mail account through Microsoft at hotmail.com, Yahoo at mail.yahoo.com or Google at mail.google.com.

Additional information about E-Filing including instructions on how to register for and use E-Filing may be found at:  E-Filing & Serve

Court Forms Page

 

 

Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155

Family Courts and Services Center
601 N. Pecos
Las Vegas, NV 89155

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