Handling a Tenant's Property in Nevada After an Eviction

Nevada law sets out specific procedures landlords must follow when dealing with property that a tenant leaves behind after an eviction.

The tenant was evicted but left property behind. Can the landlord remove the abandoned property?

Yes. After the eviction has occurred and the landlord has possession of the rental unit, the landlord can move any of the tenant's belongings into a safe and secure storage location. The landlord can also charge the tenant for the costs of moving and storing the property. (Nev. Rev. Stat. § 118A.460 (2021).)

How long does the tenant have to reclaim the stored property?

During the five-day period after an eviction, the landlord must provide the former tenant with a reasonable opportunity to retrieve essential items, such as medication, baby formula, clothing, and personal care items.

The landlord must store abandoned property in a safe location for 30 days after the eviction. The landlord can charge the former tenant for the costs of inventorying, moving, and storing the property before releasing it to the former tenant. (Nev. Rev. Stat. § 118A.460 (2021).)

Does the landlord need to notify the tenant before selling their belongings?

Yes. After storing the abandoned property for 30 days, a Nevada landlord can begin the process of disposing of the abandoned property. Before selling, the landlord must make reasonable efforts to locate the former tenant and notify the former tenant in writing that the landlord intends to sell the abandoned property. The notice should be mailed to the former tenant's present address (or, if unknown, the former tenant's last known address) and include the following information:

• a detailed description of the property
• the estimated value of the property
• where the tenant can claim the property
• how much the tenant owes for moving and storage costs and a statement that the tenant must pay those fees before claiming the property
• the deadline for the tenant to claim the property, and
• what will happen if the property is not claimed.

The landlord can sell the property once 14 days have elapsed since the notice was given to the former tenant. (Nev. Rev. Stat. § 118A.460 (2021).)

If the landlord sells the tenant's property, who gets the money?

The landlord can use the proceeds of a properly noticed sale to pay for any reasonable costs the tenant owes, including the costs of moving and storing the property. Nevada law does not state what landlords must do with any remaining money, although it is likely that Nevada's Uniform Unclaimed Property Act ((Nev. Rev. Stat. §§ 120A.101-120A.750 (2021)) applies. In any event, a landlord should hold the remaining funds in escrow for a reasonable amount of time and give them to the former tenant if the former tenant requests them.

When should a landlord contact a lawyer?

Nevada landlords should consider consulting a lawyer when they believe the abandoned property might be very valuable or when they have any reason to believe the former tenant might dispute the landlord's disposition of the property. With the help of a knowledgeable lawyer, landlords can take steps to protect themselves from possible future claims that they stole or destroyed a tenant's property.