IMPORTANT INFORMATION REGARDING COVID-19 & NLS
UPDATE ON EVICTION MORATORIUMS
UPDATED: July 28, 2021
The CDC Moratorium ends on July 31. As of August 1, all eviction moratoriums will have ended. Tenants will be able to raise a defense to an eviction and potentially obtain a stay or dismissal if they have a pending application for rental assistance. AB 486 went into effect June 4. AB486 protects tenants from eviction where they have a pending application for rental assistance or the landlord refuses the rental assistance or refuses to cooperate with a rental assistance program.
What notices does AB486 apply to?
AB 486 does not apply to nuisance notices, evictions pursuant to NRS 40.255 (foreclosure), or commercial premises. Designated eviction proceedings include evictions pursuant to NRS 40.253 (summary eviction for non-payment of rent), NRS 40.2512 (formal eviction for non-payment of rent), and NRS 40.254 (no cause and lease violations) where the tenant has defaulted in the payment of rent. AB486 applies to mobile home park evictions for non-payment of rent.
Please also be aware that AB486 also requires that the eviction notice issued to you include an information statement about the availability of rental assistance and that you may raise a defense to the eviction based on AB486.
How do I claim protection under AB486?
Do not ignore any eviction notice issued to you. You must respond to any eviction notice by filing a Tenant’s Affidavit in court to contest the eviction and raise the defense. An eviction notice does not need to be filed in or issued by a court to be valid.
Nevada Legal Services is conducting seminars and streaming to our YouTube channel to advise tenants how to fill out a Tenant's Affidavit/Answer to contest an eviction. The first session is on August 3. Register via Zoom at https://bit.ly/evictiondefensezoom or watch live on our YouTube channel Nevada Legal Services Now! at noon on August 3 at https://youtu.be/fcViEgG2ES8.
What happens once I file the Tenant’s Affidavit?
Again, you must file a Tenant’s Affidavit with the court to contest the eviction and raise your AB486 defense in your affidavit. After you file you Tenant’s Affidavit, you will get a hearing in court before you can be evicted. At the hearing you will need to assert your defense. Please be aware that you must be actively pursuing your rental assistance application. Therefore, be prepared to update the court on the status of your application and show that you have taken all of the necessary steps to obtain the rental assistance.
After you file the Tenant’s Affidavit, the landlord will have a chance to respond. The landlord can file a motion to contest your AB486 defense or request relief from any stay of eviction if they will face a realistic threat of foreclosure if they are unable to evict you.
What if my landlord evicted me after accepting rental assistance on my behalf?
AB486 also allows tenants or the government agency that provided the rental assistance to file a complaint against any landlord that evicts a tenant during the period of default for which the landlord received rental assistance on behalf of the tenant. The claim of wrongful eviction must be filed in the same court that had jurisdiction over the eviction.
If the court finds that the landlord accepted rental assistance and then continued to pursue or evicted a tenant for any reason that existed during the period of default for which a landlord received rental assistance, the court may impose a civil penalty and award the tenant 25% of the amount of the rental assistance provided to the landlord along with costs and fees of filing the suit.
For more information on how to contest an eviction, please visit our Know Your Rights/Housing page.
UPDATE ON MEDIATION PROGRAM FOR SUMMARY EVICTION ACTIONS
UPDATED: OCTOBER 8, 2020
The Supreme Court has promulgated new rules governing the statewide mediation program for non-payment of rent actions after the state moratorium expires on October 15, 2020. See the Eviction Mediation Rules. In order to request mediation, a tenant may do so by including a request in the Tenant's Affidavit filed to contest the non-payment of rent eviction notice. For a form Tenant's Affidavit, see our Know Your Rights/Housing/Forms section of our website. There is no cost to request mediation.
In order to request mediation a tenant must make the request in the Tenant's Affidavit and also include:
- The preferred method for the mediation: in person, telephonic, or by video
- Identify each tenant participating in mediation, and provide contact information including address, phone number, and email address
- You must also include a request for an interpreter if you require one and the language needed
- Include a statement whether you applied for rental assistance and identify the agencies and the status of all applications.
- Include a statement whether or not you executed a payment plan with your landlord
A landlord may make a similar request in its complaint but also must include information regarding the preferred method of for mediation, identify the person with authority to negotiate a settlement and provide contact information for that person in the complaint.
Non-payment of rent eviction notices must also now include statements describing the availability of the eviction mediation program, any rental assistance programs, and any electronic option for the tenant to file the Tenant's Affidavit.
NLS LOCATIONS & CONTACT INFORMATION
UPDATED: JULY 7, 2020
Due to the ongoing concerns regarding the spread of COVID-19, NLS offices are open for business, but we are asking everyone to practice social distancing and everyone entering our offices is required to wear a mask. Please contact us by phone or email for further assistance – click on the link below to be taken to our contact page. You can also complete an intake online. Click on Online Intake in the Menu. We encourage everyone to reach out if they have a legal issue we might be able to help with but we ask that you do not go to our offices. Instead, please continue to call or email one of our local offices for further assistance. We will do our best to respond to everyone as quickly as we are able to do so. We appreciate your patience and understanding during this time.