Landlord - How to File
Complete the notice of eviction for non-payment of rent form. This notice gives your tenant 5 days to pay the rent in full, move out of the unit or file an affidavit of tenant. (You may not refuse the full payment of the rent due on the notice if the tenant does not include your court costs.)
The fee for the issuance of the notice and lockout order is $55.00.
The notice must be served on the tenant. You may serve it yourself in the presence of a witness or you may use the Washoe County Sheriff or a process server. The notice must be served properly or the notice is invalid and, you may be required to begin again.
Preparation for hearing if your tenant files an affidavit of tenant
|*||If your tenant files an affidavit of tenant, the Court will contact you to advise you of the date and time of the hearing.|
|*||When you appear for the hearing, check in with the clerk in the Civil Division and the clerk will check your paperwork.|
|*||At the hearing, you will need your original 5 day notice - non-payment of rent, the affidavit of service and the affidavit of landlord. (If you didn't serve the notice yourself, you will need to contact the server and get the server`s proof of service.)|
|*||You may also want to bring the rental agreement and any other pertinent documentation.|
Disposition after Hearing
|*||A lockout order is required to be served immediately, but in no case later than 24 HOURS after the Washoe County Sheriff or Incline Constable receives it.|
|*||If the judge signs 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 Department and pay a fee for service of the lockout. Only the Washoe County Sheriff or Incline Constable may serve a lockout order. You will need to check with the Sheriff or Constable 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 for the tenant to pay or move. If the tenant fails to comply with the judge's order an immediate lockout may be obtained.
Tenant - How to Answer
After you have been served with the 5 day notice - non-payment of rent you can file an affidavit of tenant to contest the notice. You MUST file the affidavit to get a court date. The affidavit must be filed within 5 working days if you were personally served or 8 days (including weekends and holidays but excluding the date of service) if the notice was posted on your unit and mailed to you. If you are unclear of how long you have to file the affidavit of tenant, contact the Court as soon as you get the notice for further instruction.
The filing fee for the affidavit of tenant is $33.00.
When you file the affidavit of tenant the hearing is set for the next business day. Then the Court notifies the landlord that you filed the affidavit and the date and time of the hearing.
Preparation for Hearing
When you appear for the hearing, check in with the clerk who will tell you in which courtroom the eviction matters are being held. 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 upon service of the order.|
THIS MEANS THAT YOU MAY BE LOCKED OUT ON THE SAME DAY THAT THE LOCKOUT ORDER IS GRANTED!