QUESTION
How long does it take to evict someone in Las Vegas
Asked on Jan 06th, 2014 on Residential Real Estate - Nevada
More details to this question:
Hi, we were renting a home in Las Vegas and we were going to buy it as a short sale. We went through everything and the bank and owner had accepted the offer. Come to find out the home has a second mortgage and the credit union will not let it go. The house was set to go to auction on the 4th of January and has now been postponed until the 7th of Feb. We have since bought a new home and it will not be finished until the first week of Feb. The owner of the house is now calling and threatening to evict us even though the house is no longer hers. We called Wells Fargo the bank who has the first mortgage and they said they do not care if we continue to pay rent or not as she has not been using the rent money we have been sending her for 2 years towards any of her debt with them. So my question is how long would an eviction take in this type of situation or should we just ignore as we will be out of here before the house goes to auction.
1 ANSWER
R. Christopher Reade
Your problem is an all too common one. Under Chapter 40 of the Nevada Revised Statutes, as well as the Federal Helping Families Save Their Homes Act of 2009, purchasers in a foreclosure sale must provide tenants with a 90 day pre-eviction notice. These laws do not excuse you from paying rent for a property in foreclosure but do provide protections to you to make sure that you are not wrongfully evicted while you are considering to whom to pay your rents. The fastest that you could be evicted is 5 judicial days after being served with a 5-Day Pay or Quit Notice, during which time you could either pay the rents or file your Opposition with the Justice Court explaining your circumstances and asking the Court for a hearing.
Likewise Chapter 107 of the Nevada Revised Statutes requires that the foreclosing lender to give you written notice of your right to either: (1) terminate the lease or rental agreement and move out or (2) remain and possibly be subject to eviction proceedings. That notice must also describe their rights and responsibilities under Nevada eviction procedures. The notice must be both posted on the property and mailed to the tenants.
Answered on Jan 07th, 2014 at 2:09 PM