If you just bought a real estate property that was at the foreclosure sale, before you can evict the people who are inhabiting the property, you will need to find out the answer to the following question:
Is the person who is inhabiting the property the former owner or the owner’s tenant?
This question alone is going to be vital. The answer to this question will let you know what process you are required to take. Today, we are going to over both processes.
Post Foreclosure Evictions in Nevada: Owners Tenants FAQ
Today, we are first going to go over the general FAQ for evict the owner’s tenants and not the owner him or herself.
What is the Proper Way of Evicting the Occupants from the Property?
The answer will solely depend on the answer to the question above.
If you originally bought the real estate property during a foreclosure sale and the former owner is the one inhabiting it, you are required by law to give them a three-day notice. If the former owner chooses not to leave after you have him or her the three-day notice, then you can start filing for the “formal” eviction case.
However, when you bought the real estate property during the foreclosure sale and the owner’s tenants are living there (not the owner), the Nevada laws will protect these tenants. Nevada Law NRS 40.255 will require you to notify the tenant that the ownership of the property has changed. This notice will permit the tenants to stay in the property for a minimum of 60 days.
During this time, you as the new owner along with the tenants have the same duties and rights as other landlords and tenants in Nevada. For instance, if the tenant violates the lease in anyway or goes as far as violating the Nevada Law, you as the landlord can evict them just like any other tenants.
Keep in mind that these tenants have the right to leave during the notice period (when you notify them of new ownership) without any penalties or obligation to you.
However, as the new landlord, so to speak, you also have every right to negotiate a new lease, pay them to vacate the unit, if you would like.
Can I Kick the Tenants Out Now?
The answer is going to be no. You are required by the Nevada law to give the tenants of the home a 60-day notice, if you want them out.
However, if the tenant does not have the traditional yearly lease and they pay by the week, you can under law gives them the minimum number of days during that period as well instead of the full 60-days. But this is not common here in Nevada. You will typically have to give them a 60-day notice.
What Must Be in the Notice to Tenant?
Under the Nevada Law, they require you as the new owner to notify the tenant of certain information. This information is the following:
- The name and address of the person who will be collecting the rent
- Inform the tenant that the lease of the previous landlord will remain the same until the lease expires.
- Inform the tenant of failure to pay the rent will result in you starting the eviction process
What is the Proper Way to Serve This Notice?
Under the Nevada Law, you must deliver or serve the notice by a sheriff, constable, an agent whom is licensed in the state of Nevada, or a licensed process server in one of the following ways:
- Have a witness present
- If the tenant is not home, leave a copy of the notice with someone of the age of 14 or older
- If all else fails, place the notice in an obvious place on the property.
This will help you, if later down the line, you need to evict the tenant, as you will be required to file the “proof of service” in the state of Nevada Courts. If you fail to file the proof, you will have to start all over again and serve the tenant a new notice.
However, the “proof of service” will require the following:
- Signed by the one who served this notice including the date and time served.
- If it was served by an attorney or agent but have their attorney’s bar number.
What Will Happen if the Tenant Does Not Want to Stay the Sixty Days?
Under the Nevada Law, the tenant will not be required to stay the 60-days. Tenants will have the full right to vacate the premises at any time under the notice period without any obligation or penalty to the new landlord.
You will not be permitted to evict the tenant, if they choose to leave during this period.
What Will Happen if the Tenant Wants to Stay Longer Than Sixty Days?
The tenant and you are free to negotiate a new lease or another arrangement that will permit tenant to stay inhabiting the home longer than the 60-day period, if they want to.
What About the Tenant’s Security Deposit?
When the foreclosed property is sold, the previous owner will either need to return the security deposit back to the tenant or transfer the security deposit to the new landlord. However, this rarely ever happens.
What Happens if the Tenant Doesn’t Sign a New Agreement After the Sixty Days and Doesn’t Leave?
If your tenant doesn’t leave or refuse to sign a new agreement with you as the new landlord, you have the full right to evict them. But you will need to make sure you wait the full sixty days before you can start the eviction process.
Post Foreclosure Evictions in Nevada: Former Owners FAQ
Now, we are going to go over the general FAQ for evict the prior owner, not the owner’s tenant.
Can I immediately Evict the Previous Owner Once the Property is Mine?
If you bought the home at a foreclosure sale, you are now the new owner of the real estate property.
If the previous owner is still on the premises, and does not voluntarily leave, or enter an agreement made by you to stay on the property, you are free to evict them. However, you will have to go through the eviction process.
Is There a Law That Gives Previous Owners More Time to Move After the House Was Bought?
There are Nevada laws that will protect tenants, who were renting the house from the previous owner, but there are no laws that protect the previous owner who is still inhabiting the dwelling.
What Recourse does the Previous Owner Have if I Serve Them with a Three-Day Notice?
The previous owner may leave once you serve them with a three-day notice, but in the event that they do not, you can always try and negotiate with them a lease agreement or agree for them to move out on a certain date that works for the both of you.
If you cannot reach an agreement with the previous owner, you as the owner of the property can serve the previous owner with a Summons and Complaint for Unlawful Detainer. Essentially the complaint would be evicting the previous owner, so you have full possession of the property at hand.
What Recourse Does the Previous Owner Have When I Serve Them the Summons and Complaint for Unlawful Detainer?
The previous owner will have to file their answer in court in response to your notice. The previous owner will have about 20 days to file their answer. However, you can ask the Nevada court to shorten that time to 10 days, if you would like.
Will the Previous Owner Have Anything to Lose for Filing an Answer?
If the court sides with you, then you will be permitted to evict the previous owner. The Nevada court can even decide that it’s the previous owner’s responsibility to pay for your attorneys’ fees and your court costs as well.