Lockouts are disruptive and can be illegal. Landlords are strictly prohibited from denying tenants access to their rental units without following due legal process.
Yet, many tenants find themselves locked out due to uncertain reasons, often without notice or a court order. This situation raises serious legal and practical concerns, and if you are a tenant, you must be prepared to address such issues.
Understanding the tenant's lockout rights can help you fight back. So, in this blog, we have outlined your legal options if you’ve been wrongfully expelled from your residence.
Legal Considerations For Tenants
Here are some legal considerations for you, if you’ve been wrongly evicted from your rental property -
Essential Services Cannot Be Disrupted
Under NRS 118A.390, landlords cannot shut off essential services, such as electricity, water, gas, or air conditioning, to coerce you into vacating the premises. Disrupting utilities as a form of eviction is considered unlawful and can result in civil penalties, including actual damages.
If you experience utility shutoffs without a court order, document the disruption and may file a complaint or request emergency relief from Justice Court.
Retaliatory Eviction Is Prohibited
Nevada law protects tenants from retaliatory eviction, which occurs when a landlord seeks to remove a tenant in response to lawful activities. This includes reporting health or building code violations, joining a tenant union, or asserting rights under the lease or law.
If your landlord issues an eviction notice, changes locks, or otherwise attempts to force a tenant out within 6 months of such protected activity, courts may presume the action is retaliatory.
Review Your Lease For Terms And Notices
Always assess the lease agreement for details about notice requirements, rent payment timelines, penalties, etc. Though lease terms may include conditions related to rent defaults or violations of the lease, you must understand that Nevada law supersedes any clashing lease provisions.
If the landlord fails to adhere to the legally mandated notice and eviction process, regardless of what the lease says, it renders any lockout action unlawful. Thus, lease terms cannot be used to justify denying a tenant lawful access to their rental unit.
Evictions Requires A Court Order
A landlord must obtain a court order before evicting a tenant or restricting access to the premises. This is codified in NRS Chapter 40. Usually, the landlord must serve the tenant a 7-day Pay or Quit Notice or other appropriate notice, then file a formal complaint with the Justice Court.
Only after the court hears the case and issues an eviction order can a court constable legally enforce removal. If a landlord bypasses this process and executes a lockout unilaterally, it becomes an illegal eviction under Nevada law.
Legal Options For Tenants
These are the actionable steps you, as a tenant, may take when faced with an illegal lockout or eviction threat -
Call Las Vegas Metro Police (Non-Emergency)
If you believe you’ve been illegally locked out of your home or rental unit in Las Vegas, you can call the Las Vegas Metropolitan Police Department (LVMPD) (non-emergency). While some officers may view landlord-tenant disputes as civil matters, it is advisable to require an incident report as formal documentation.
Police may also assist in mediating re-entry if the lockout was done without a court order. This documentation can later support legal action for damages. It can also serve as evidence if you request an Order for Reentry through the courts.
Request Emergency Relief From The Court
In cases of illegal lockouts, tenants can file a request for emergency relief from the Las Vegas Justice Court. You may file an Order For Reentry - a legal motion asking the court to restore possession of the premises.
If granted, the court will issue an order compelling the landlord to allow you back into the property. This is especially essential when your safety or access to necessary items is affected. You are encouraged to seek lockout legal advice, before filing to ensure proper procedures are followed and your rights are protected.
Contact Legal Aid Center Of Southern Nevada
If you’re facing an unlawful lockout or eviction and cannot afford legal representation, you can get in touch with the Legal Aid Center of Southern Nevada. This is a non-profit organization that provides free legal assistance and advocacy to tenants.
In addition, they help with filing emergency motions and responding to eviction notices. They also offer legal clinics, downloadable forms, and educational materials on tenant rights under Nevada law.
Sue For Damage Under NRS 118A.390
The tenant has the right under NRS 118A.390 to file a lawsuit if they have been illegally locked out. The law permits the tenants to sue for actual damages, three months’ rent, and reasonable attorney’s fees if a landlord unlawfully removes them or interrupts essential services.
Tenants must provide evidence, such as photos, messages, or police reports. These claims can be filed in the Justice Court, along with the evidence, which protects you from being forcibly evicted from your home.
Takeaway
If you are facing a lockout, you need to act quickly and make informed decisions. You must understand your options and know how the law protects you from illegal evictions.
If you’re involved in serving notices or legal documents related to housing disputes, seek a trusted eviction service in Las Vegas. They can assist with timely and compliant delivery, without engaging in the eviction process itself.
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