***ATTENTION – AS OF JULY 1ST 2019 – SB151 IS IN EFFECT – Service of Notice must be served by a Sheriff, Constable, Process Server or Agent of Attorney – this means Landlords, Property Managers, etc. may no longer handle their own notices. ***
What Is A 3 Day Nuisance Notice?

Can be used for what you consider a nuisance. It requires a written reason and has absolutely nothing to do with rent money. You do not count the day of service. The defendant has 3 working days to fix the problem. You need to return to this office after the 3rd day (return must be a business day). Need to follow-up with the 5-DAY UNLAWFUL DETAINER.

What Is A 7 Day Pay Or Quit?

This notice is used for non-payment of rent from the tenant. If there is NO grace period, you can go forward with the notice the day AFTER rent is due. If you have a grace period, you must wait until that time has passed. If the tenant offers you the FULL rental amount, you MUST ACCEPT. You can refuse partial payment from the tenant. If you should decide to accept a partial payment, you can refile a new notice for the balance of money due. There is NO other notice that follows this 5-Day Pay or Quit. When serving this 5-Day Pay or Quit Notice, you DO NOT count the day of service. Count 5 business days. The day after the 5 business days returns to our office.

What changed with SB151?
* 5 Day Pay or Quit will now be extended to 7 Day Pay or Quit  (Judicial Days)
* The Constable will now have 24-36 hours to remove the Tenant after 24 Hour Notice has expired
* Tenants in an Existing Lease will remain in a property if it is sold or foreclosed
* Service of Notice must be served by a Sheriff, Constable, Process Server or Agent of Attorney – this means Landlords, Property Managers, etc. may no longer handle their own notices
* Late Fees MAXIMUM amount may not be more than 5% of periodic rent
What Is A 30 Day Notice?

This Notice is used for reasons OTHER than Nuisance or Rent. DO NOT count the day of service — it runs consecutively through weekends and holidays. (Can not be used when a lease is in effect).You need to return to this office after the 30th day (return date must be a business day). Need to follow-up with the 5-DAY UNLAWFUL DETAINER.

What Happens Next?

Our office will serve the notice. You will return on the date printed on your receipt to continue with the eviction.

When you return to our office, you will be handed the actual notice and instructed to take it to Justice Court to file for the Summary Eviction. Court requires that their paperwork be typed–Justice Court’s filing fee is $49.00 (We can do this for you, see our pricing page). After filing with the court, you will be handed an Instruction Sheet. From there you can choose to buy our Lock Out Service so that the locks are changed (see pricing page).

What to expect after you file in Justice Court?

Once the court order is received, the notice will be posted the next business day and we will lock-out property the following business day (If you choose to have US do it). Locks must be changed at the time the deputy puts the seal on the door. If you need assistance in changing locks, we can do this for you (see pricing page). A Deputy will contact you between 8 a.m. and 11 a.m. the day of the scheduled lock-out to set-up a time to meet. If you are not available, the eviction CAN NOT BE COMPLETED OR POSTPONED.

The Court does not contact the Landlord if the Tenant contests. It is up to the Landlord to search the Justice Court Public Access site to see if the Tenant contested the Eviction Notice. If the Tenant contested, then the Landlord will need to file on the Tenant’s Case that was initiated for the contested Eviction Notice. If the Tenant contested the Eviction after the Landlord files (Tenant files Motion to Stay), then the Landlord will need to check the status of the Motion to Stay the Justice Court Public Access website to see what decision the Judge has rendered on the Motion to Stay. If you have questions regarding this matter, contact Justice Court at (702) 671-3478. If Justice Court informs you to file your paperwork, you will need to come to Constable’s Office to pick-up a copy of your NOTICE to take to Justice Court for filing. Justice Court fee is $71.00.

What to do after court?

If Judge orders eviction, immediately bring Instructions to Constable’s Office (or have us do it) and pay lock-out fee. Order will be posted the next business day after we receive it and lock-out the day after posting.

If Judge gives the tenant a day and time to pay or vacate, you must call the court. At that time ask them to forward the order to Constable’s Office (or have us do this).

You will need to bring the “Instructions to the Constable” to our office and pay lock-out fees.

If the court kept your instructions, you need to go there first to pick them up. Since the refund process can take 8-12 weeks, it is suggested you pay for lockout fees ONLY after you know the tenant is not going to abide by the Judge’s instructions.

What to expect on the day of lock-out?

On the day of the lock-out, the deputy will contact you between 8:00 am and 11:00 am to schedule the lock change. If you are hiring us for lockout we will be ready to change the locks at the scheduled time to avoid cancellation of lockout. If you are changing your own locks, you must have your locks ready and be prepared to change the locks while the deputy walks the property to make sure no people or pets are in the property. If you do not have a key to property or unsure of how you will be entering the property on the day of the lock change please contact us before your scheduled time to avoid cancellation. In the event that we are unable to contact you on the day of the lockout or you are unprepared to change the locks and we have to cancel the appointment, you will be required to pay for the eviction again.

After Eviction Is Completed.

When an eviction is completed, the Landlord must store the tenant’s property for 30 days. They may not charge back rent but can charge a reasonable storage fee. The tenant has to make arrangements with the Landlord to pick up their property. The Landlord has to notify the tenant in writing, prior to the last 14 days, by CERTIFIED MAIL, that he is disposing of the property after the time has lapsed.

What to do with tenant’s belongings left behind

You are liable for their belongings for 30 days from the day of lock-out. You may charge a reasonable storage fee but cannot hold the property for the rent that was due. If you choose, you may contact a storage company to have the tenant’s property inventoried and stored.

Ask us for more info about our pack out and storage services.

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