During the onslaught of the COVID-19 pandemic, the Centers for Disease Control worked with the federal government to issue an eviction moratorium. While this was in place, landlords could not evict tenants for any reason. According to the Federal Register, the government treated the moratorium as a public health measure to reduce the spread of COVID-19. This allowed the government to enforce stay-at-home orders and social distancing. Additionally, it lowered the need for crowded homeless shelters filled with tenants unable to pay rent.
On August 27, 2021, The U.S. Supreme Court blocked an extension of the Centers for Disease Control eviction moratorium. This returned eviction power to many landlords across the country. However, in Nevada, tenants received an additional layer of protection from Assembly Bill 486. This bill protects tenants from eviction and provides them with rental assistance. Once a tenant applies for this assistance, they cannot be evicted for up to 90 days. This bill remains in effect through 2023.
While these moratoriums are very beneficial for tenants, they can negatively affect a landlord’s property. Even before the COVID-19 pandemics, evictions were time-consuming and emotionally draining. Now, tenants have extra protection and could potentially refuse to pay back-dated or even current rent.
Here are the most important things landlords need to know when planning an eviction in Clark County.
What Are Reasons for Eviction?
The federal government initially placed the eviction moratorium to protect tenants unable to pay rent. For a landlord, there are several other reasons tenet may qualify for eviction. These reasons usually involve a breach of the lease agreement from constant disturbance affecting other tenants to a resident partaking in illegal activity like selling or consuming drugs on the property. These actions degrade the living space for the well-behaved tenants adhering to the lease agreement. Because of one bad tenant, paying tenants may elect to break their lease and leave the property if the living situations continue to worsen.
How Do I Send an Eviction Notice?
This notice is the first step of the eviction process. It must be a written letter asking the tenant to either comply with the lease or leave the property. This compliance could be a rent payment or a request to stop any disturbances. It’s imperative that this notice is in writing since it provides you the right to file an unlawful detainer against the tenant if needed.
You’ll want to learn more about the tenant’s lease agreement, as well as Clark County’s tenant protections to ensure you serve the correct Eviction Notice. For example, if the tenant has lived on the property for less than a year, you should give them 30 days to vacate the premises. If they have lived on the property for longer than a year, you must give them 60 days.
The tenant must reply to the Eviction Notice in order to qualify for rental assistance under Assembly Bill 486. If they do not reply to the landlord, the bill does not apply and you can continue the eviction process.
Do Landlords Have Any Rights?
While Assembly Bill 486 gives tenants a lot of power; you still do have rights. The bill was created to protect tenants unable to pay their rent due to outside factors like unemployment. This means that the bill does not protect tenants who broke their lease agreements due to property disturbances or degraded living conditions. Now that the CDC’s moratorium has ended, you are legally able to evict these tenants as long as you follow the proper approach.
Through 2023, evicting tenants that refuse to pay rent may be a little more complicated. However, by adhering to Clark Country’s eviction process and providing written Eviction Notices, you will be well on your way to ridding yourself of the troublesome tenant.