![]() ![]() The judge will also determine how much in damages, if any, will be awarded to the tenant. What will the judge decide at the hearing?Īt the hearing, the court can determine what day and time and for how long the tenant will have to retrieve your essential personal items. (NRS 40.253(9).) The court will direct the sheriff or constable to mail the notice of the hearing to the landlord, or to have the landlord personally served with the notice of the hearing. Must the Motion to Retrieve Essential Personal Effects be served on the landlord?Īfter tenant files the Motion to Retrieve Essential Personal Effects, the court is required to insert the date of the hearing on the motion and order a copy served on the landlord by the sheriff, constable, or other process server. The court must schedule a hearing on the Motion to Retrieve Personal Effects within five judicial days (not including weekends or holidays) after the tenant files the motion. When will a hearing on the Motion to Retrieve Essential Personal Effects be scheduled? The Motion to Retrieve Essential Personal Effects must be filed within five judicial days after the tenant vacated or was removed from the property. What is the deadline for filing a Motion to Retrieve Essential Personal Effects? The court can also order the landlord to pay punitive damages up to $2,500. In the motion, the tenant can ask for the court to order that the landlord allow the tenant to retrieve the tenant's essential items, at a specific date and time and for a period necessary for the retrieval. Click to visit the Filing Fees and Waivers page for information and forms. To file the motion, the tenant must pay a $71 filing fee or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"). TENANT'S MOTION TO RETRIEVE ESSENTIAL PERSONAL EFFECTSĬlick to visit Basics of Court Forms and Filing for specific information about how to file in the justice court or click to visit Justice Courts for links and contact information for your court. The form can also be downloaded on your computer by clicking one of the listed formats underneath the form's title below: 40.253(9).) The motion is available, free of charge, at the Self-Help Center. If the landlord is being unreasonable and not allowing a tenant to get essential personal items from the property during the five days after the eviction or lockout, the tenant can file a Motion to Retrieve Personal Effects with the justice court for the township where the rental property is located. What can a tenant do if the landlord refuses to allow a tenant to get essential personal items? (NRS 118A.460(3).) For all other personal property, a landlord must safely store the tenant's property for thirty days after the tenant's abandonment or eviction or the end of the rental period. How long must a landlord keep a tenant's property after eviction?ĭuring the five days following the eviction or a lockout of a tenant, the landlord must give a tenant reasonable opportunity to get back essential personal items, like medication, baby formula, basic clothing and personal care items. It also sets out a procedure the tenant can follow to get an expedited court hearing if the landlord refuses to allow the tenant to retrieve essential personal property items or if the landlord refuses to return tenant's property. Nevada law specifies what a landlord can and must do with the tenant's personal property. Sometimes when a tenant vacates a rental property – whether the tenant leaves voluntarily or because the tenant is evicted – there is personal property of the tenant's left behind on the property, including essential personal items. Also learn what a tenant can do if a landlord is refusing to return those items. Find out what a landlord must do with items left behind by a tenant when the tenant leaves the rental property.
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