When the pandemic hit, Nevada families, tenants, and landlords faced an economic shock that reshaped the state’s housing landscape. A federal eviction moratorium is a legal order that temporarily stops landlords from evicting tenants. This policy aims to protect renters facing financial hardship, especially during crises like the pandemic we’ve experienced.
Years later, with Nevada’s eviction moratorium ended, questions remain about what protections still exist, how rental assistance works, and how the eviction process functions under Nevada law today.
At Faranesh Real Estate and Property Management, we’ve seen how confusion around eviction rules can cause tension between landlords and renters. Our team helps clients stay compliant with housing laws, file correct eviction notices, and explore alternatives like mediation or payment plans before a case ever reaches court.
This guide provides an overview of the federal eviction moratorium, explaining its significance and implications for individuals’ rights and responsibilities.
Understanding the Basics of Eviction Moratorium
The concept might sound straightforward, but there’s more to it than just eviction protection. It’s not an outright ban. Instead, it sets strict criteria for what can and cannot lead to an eviction. Tenants must still meet specific requirements, and landlords have rights within these rules.
Tenants need to prove their income has taken a hit or that they’ve been slammed with hefty medical bills, among other conditions outlined by the Centers for Disease Control and Prevention (CDC). Landlords aren’t left high and dry either – they can still challenge claims if they believe a tenant doesn’t indeed qualify under the moratorium’s guidelines.
Who Does the Moratorium Protect?
The eviction moratorium safeguards tenants experiencing financial hardship, mainly due to unforeseen circumstances such as the global pandemic. It primarily targets individuals and families who are at risk of homelessness or housing instability if evicted.
This protection extends to renters who can demonstrate an inability to pay rent or find adequate alternative accommodation due to their current income, expected income loss, or extraordinary out-of-pocket medical expenses. The focus is on maintaining housing stability during challenging times when external factors may significantly impact personal finances.
Nevada Law and Tenant Protections
While the eviction moratorium itself has expired, Nevada law still offers certain protections for tenants. For instance:
- Landlords must provide proper notice before filing an eviction.
- The court must allow tenants a chance to respond and attend a hearing or eviction proceedings.
- If the tenant pays rent or reaches an agreement before the case is finalized, eviction may be canceled.
- Judges may delay enforcement if financial hardship or family emergencies make immediate eviction unreasonable.
State lawmakers continue to review bills to adjust these rules. During the last legislative session, lawmakers debated bills to require longer notice times and add mediation options, but many of those changes are still pending.
Eviction Moratorium Timeline
The Federal Eviction Moratorium, initially enacted as a response to the economic fallout from COVID-19, has undergone various extensions and changes. Its purpose was to prevent renters experiencing pandemic-related hardships from being evicted. But what’s been happening with it lately? Let’s take a closer look at its recent timeline in Nevada.
Recent Developments
The Centers for Disease Control and Prevention (CDC) issued an order on September 4, 2020, to temporarily halt residential evictions until July 31, 2021, to prevent the spread of COVID-19. The moratorium applies to all properties, with specific conditions for residents.
To be covered, residents must declare they made efforts to get government assistance, earned no more than specified income limits, cannot pay rent due to income loss, and face homelessness if evicted.
Evictions are allowed for criminal activity or other serious breaches, and rent is still due, with landlords able to charge fees. Enforcement involves federal and state authorities, with potential penalties for individuals and organizations violating the order.
After the federal eviction moratorium and foreclosure protections ended in 2021, there were concerns about a surge in evictions and foreclosures. However, the expected wave of evictions did not materialize. Despite projections that eviction numbers would spike, the actual increase was only 20.4% in the first three months after the moratorium ended.
Several factors contributed to this outcome.
- Some tenants may have moved out voluntarily to avoid legal costs, particularly those with low income, lacking legal representation, or being immigrants.
- Landlords, often viewing eviction as a last resort, may have opted for alternative resolutions during the extended moratorium period.
Additionally, emergency rental assistance was crucial in preventing a sudden eviction surge. Congress allocated $46.6 billion in Emergency Rental Assistance funds, with additional state and local aid disbursed. Varying court procedures in different states and ongoing tenant protections in some regions also contributed to lower-than-expected eviction numbers.
Understanding the Eviction Process Under Nevada Law
After the expiration of the moratorium, Nevada’s eviction laws returned to regular operation. The eviction process starts with proper notice, followed by filing in court if rent or other obligations remain unpaid.
1. Eviction Notices and Deadlines
Landlords must first deliver written eviction notices. These notices depend on the reason for removal:
- Seven-day notice to pay rent or quit: Tenants have seven days to pay or vacate the property.
- Five-day notice to comply or quit: For other lease violations, such as noise or unauthorized pets.
- No-cause notice: If the lease term ends, landlords may issue a 30-day notice for monthly tenants or a 7-day notice for week-to-week renters.
If a tenant doesn’t respond, the landlord can file an eviction case in court. This fast-moving procedure is known as a “summary eviction.” Tenants can stop the process temporarily by filing an answer explaining their circumstances.
2. Court Hearings and the Regional Justice Center
Once a case is filed, hearings take place at the Regional Justice Center in Las Vegas or in local justice courts elsewhere in Nevada. Both sides present documents showing payments, communications, or repairs. A judge reviews the case and may grant or deny the request to evict the tenant.
If the court granted an eviction, law enforcement may enforce the notice within a few days. Tenants then have a limited time to vacate the property. Some may still qualify for short extensions under mediation programs or if they have pending applications for rental assistance.
Impact on Landlords
The moratorium is designed with renters in mind, but it’s also essential to consider landlords morally and legally. Many property owners depend on rental income for their livelihood. The moratorium includes provisions for landlords to access federal funds for emergency rental assistance programs (ERAP).
These programs aim to support struggling tenants while ensuring landlords receive compensation through direct aid. This financial support is crucial for landlords to continue operating without significant financial harm.
The success of these programs relies on clear communication between government agencies, residents, and real estate managers. Everyone must understand their rights under updated eviction laws. This knowledge helps maintain a fair balance of power in our community, especially in vibrant cities like Las Vegas and Henderson, where we are dedicated to making property ownership and renting stress-free experiences for all.
Your Trusted Expert Through Nevada’s Eviction Process
Nevada’s Eviction Moratorium 2024 Update reflects ongoing efforts to address housing challenges amid changing circumstances. The extension of protections underscores the state’s commitment to supporting residents facing economic hardships.
Check for updates regularly to stay informed about Nevada’s evolving eviction policies—partner with Faranesh Real Estate and Property Management for personalized guidance and assistance in navigating these changes. Our team is dedicated to keeping you well-informed and providing the support you need in this dynamic real estate environment.
Contact us to take proactive steps and receive expert advice tailored to your situation.
