By Robert J. Semrad | Published August 05 2022 |
How Long Can Bankruptcy Delay an Eviction in Nevada?
In Nevada, landlords are typically permitted to file a case to evict tenants who don't pay their rent. However, if a tenant has filed bankruptcy and received an automatic stay, the eviction process can be delayed, or in some situations, avoided entirely
Nevada's Eviction Process
Under Nevada law, landlords can evict tenants for a variety of reasons, including nonpayment of rent, violation of the terms of the lease, or illegal activity. In order to lawfully evict tenants, landlords must follow the legal process outlined in Nevada’s eviction laws.
The Eviction Notice - All You Need to Know
The first step in the Nevada eviction process is for landlords to provide their tenants with a 7-Day Notice to Pay. This notice provides the tenant with the opportunity to pay the past due balance to avoid being evicted. However, if the tenant does not move out or pay the full amount of rent that is due by the end of the 7-day notice period, the landlord can move to the next step of the process by filing an action in court.
To object to the eviction in Nevada, tenants can file an affidavit with the court after receiving their Notice to Pay. As long as the affidavit is submitted by the deadline, the court will schedule a hearing to determine whether the tenant should be evicted.
If the court rules in favor of the landlord, an order for removal will be issued 5 business days later. During that time, the tenant has the opportunity to avoid being evicted by paying the total amount of past-due rent, plus any other payments ordered by the court. If the amount owed is not paid within these 5 days, the tenant will be evicted.
How Can Bankruptcy Stop My Eviction?
When you file a bankruptcy petition in Nevada, the court will issue an automatic stay prohibiting your creditors from taking any collection actions against you. This means that if you are behind on your rent when you file for bankruptcy, your landlord cannot initiate or continue proceedings against you. The automatic stay also prevents your landlord from collecting rent that was owed before you filed for bankruptcy.
While the limitations placed by automatic stay won’t last forever, filing for bankruptcy can give you the time your need to negotiate a repayment plan with your landlord. You’ll also be able to wipe out many of your other expenses, allowing you to budget more money for housing payments each month.
Contact a Las Vegas Attorney Today
If you are at risk of being evicted or your landlord has already served you a Notice To Pay, bankruptcy may be the right choice for you and your family. To stop eviction in Reno or Washoe County, you must move quickly and get help from experienced professionals.
The skilled lawyers of DebtStoppers have dedicated their careers to helping people like you stay in their homes and get a fresh new start through bankruptcy. Call or text us today at 725-373-5900 or sign up online to schedule a free debt relief consultation with an accomplished Nevada attorney.