Learn the rules landlords in Nevada must follow to deal with property abandoned by a tenant after an eviction.
If you’ve won an eviction lawsuit in Nevada, you may feel like tossing the tenant’s belongings out into the street. But Nevada law sets out specific procedures for dealing with a tenant’s property after an eviction. For more information on dealing with a tenant’s abandoned property, see Handling a Tenant’s Abandoned Property in Nevada.
The tenant was evicted but left property behind. Can I clear out those belongings myself?
Yes. After the eviction has occurred and you have received possession of the rental unit, then you can move any of the tenant’s belongings into a safe and secure storage location. You can also charge the tenant for the costs of moving and storing the property (see NRS § 118A.460).
How long does the tenant have to reclaim the stored property?
The tenant has 30 days to contact you and reclaim the property. You can require the tenant to pay you the moving and storage fees before removing the property from your possession. However, you must give the tenant reasonable access to the property after the tenant has contacted you and paid for the reasonable fees associated with the property (see NRS § 118A.460).
Do I need to notify the tenant before selling their belongings?
Yes. If you decide to sell the tenant’s belongings, you must send written notification to the tenant at least 14 days before the sale. The notice must be mailed to the tenant’s current address, if known, or the tenant’s last known address, if you don’t know the current address. The notice must 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 you for moving and storage costs and statement that the tenant must pay you 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.
See NRS § 118A.460.
If I sell the tenant’s property, who gets the money?
As long as you notified the tenant of the sale at least 14 days before the sale occurred, then you can use the proceeds of the sale to pay for any reasonable costs the tenant owes you, including moving and storing the property (see NRS 118A.460). Nevada law does not state what you must do with any remaining money. Best practice would be for you to hold onto the money in an escrow account for at least 30 days after the sale occurs and give the money to the tenant if the tenant asks for it.
When should I contact a lawyer?
A qualified lawyer can help you find and understand any rules that apply to your situation. It’s particularly wise to consult a lawyer if you think the abandoned property may be very valuable or if you have any reason to believe the tenant may cause problems later. A good lawyer can help protect you from claims that you have stolen or destroyed a tenant’s property.
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