CDC COMPLIANT TENANT ANSWERS TO CDC COMPLIANT SUMMARY EVICTIONS
Tenant's Affidavit in Opposition to Summary Eviction Regarding Nonpayment of Rent (PDF) : A tenant may file this step with the court in response to the Non Payment of Rent Complaint for Summary Eviction. Once the answer is filed with the court, the court may set an eviction hearing no later than 10 days from the date of this filing. All eviction proceedings will be stayed until the hearing is held and the Judge makes his decision.
Tenant's Affidavit in Opposition to Summary Eviction (PDF) : A tenant may file this step with the court in response to the Complaint for Summary Eviction for anything other than nonpayment of rent. Once the answer is filed with the court, the court may set an eviction hearing no later than 10 days from the date of this filing. All eviction proceedings will be stayed until the hearing is held and the Judge makes his decision.
CDC DECLARATION (PDF)
Tenants can fill this Declaration out if they are currently being evicted for non-payment of rent and are currently seeking assistance. Tenants must serve this Declaration on their landlords as well as file it with the court.
Answer- Filing Fee $26.00
There are several difference types of answers a tenant can file in response to being served with an eviction notice:
If the tenant has been served with any notice other than a 7 day Pay Rent or Quit Notice, they must wait until they are served with the 5 day Unlawful Detainer Notice to file their answer.
- Answer to Complaint for Unlawful Detainer (PDF).This is a generic answer and can be used in response to any eviction notice. This answer is generally used is the tenant is contesting the eviction. If the tenant only needs more time to move, the court suggests that tenants try to talk to their landlords before filing an answer with the court.
- Tenant’s Answer in Opposition to Summary Eviction (PDF). Tenants can file this answer if they have been served with an Order for Summary Eviction and would like to contest the order. This answer is not for tenants requesting more time to move.
- Motion to Stay and/or Vacate Order for Summary Eviction (PDF). Tenants can file this answer if they have been served with an Order for Summary Eviction and would like to request from the court more time to move, or if the tenants have a legal reason the Summary Eviction must be vacated. This answer is not for tenants who claim to be elderly or disabled and would like to request more time.
- Motion to Continue in Possession if Elderly or Disabled (PDF). Tenants can file this answer if they claim to be elderly or disabled. Tenants must first send a letter, certified mailed, to their landlords requesting the time from them (please see this Example Letter for an example of what the tenant’s letter should say). Landlords then have ten (10) days to respond to the tenant’s letter. If the landlord does not grant the time, or does not respond, the tenant can then file this Motion with the court along with proof of their elder status or disability, a copy of the letter to the landlord, and proof they sent the letter certified mail.
HAVE A HABITABILITY ISSUE???
According to NRS 118A.290 "The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition". There are a couple steps the tenant must take if they are wanting to bring to the court’s attention a habitability issue.
- Tenant’s must send a letter to their landlord informing them of the issues in questions and giving the landlord at least 14 days to respond and/or remedy the issues. Please see this Example Letter for an example of what the tenant’s letter should say.
- If the landlord does not respond and/or remedy the issues in question, the tenant must then file an Affidavit of Rent Escrow and post their month’s rent (plus any back rent they have been withholding) with the court. Every month there after must be posted with the court until the case has been closed.
If you have questions, or have a more specific issue and don’t see an answer that applies to your situation, please contact the office or go to the Nevada Supreme Court’s website.