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Are eviction notices court documents?

Per chapter 40 of the Nevada Revised Statute (NRS), notices legally issued to tenants are not considered court documents or filings. When a landlord or tenant files an affidavit or complaint with the court to (1) formally evict a tenant or (2) dispute a landlord’s notice, this is when the notice may become a court document (record of the court) or considered a filling.

Once a case becomes a record of the court, it will be maintained by the court and by law will be made available for inspection by the public. So even if a notice becomes a record of the court and is then maintained by the court, it is still available to the public for inspection.

Chapter 40 of the NRS further states, the courts can also seal or shield the proceedings of a case and prohibit it from being publicly inspected by anyone. This only refers to records maintained by the court, not personal records held by landlords, managers, property owners or in a private database. However, WWTR reserves the right to mirror the court’s decision regarding the sealing of notices in a case that is ruled in favor of the defendant (tenant).

All eviction notices contain very little personal information on tenants, only providing a name and address. The NRS does not prohibit notices that were legally issued to tenants from being saved by those who issued them or in a private database.

How it works

Our private database stores information from eviction notices legally issued to tenants by landlords, managers, and property owners. Examples of the types of notices stored within the database are Seven-day eviction notice for failure to pay rent, Three-day notice to quit for nuisance, Thirty day no cause notice to quit and Five-day notice to quit for unlawful detainer just to name a few.

Obtaining the real rental history of a tenant applicant in the screening process is extremely vital in the rental marketplace. Using our proprietary database, clients of WWTR can search their tenant applicants for eviction notices issued to them from current and past landlords, managers, and property owners. The results of the search in the database are immediate.

How is the data obtained?

When a company becomes a client of WWTR, this will give them access to our database and allow them to conduct searches on tenant applicants for eviction notices. All clients of WWTR will be required to share all eviction notices they serve on tenants with our company. This is a private database that is not open to the public. Only businesses who are clients of WWTR will have access to this information.

Eviction notices

An eviction notice is the first step in the summary eviction process. These notices spell out how the tenant is in default and what is being required by the landlord to correct the problem. If the requirements in the notice are not corrected within the time prescribed in the notice, the landlord can proceed with the eviction process. Sometimes because of lease violations, damage to a rental unit and other things, a landlord, manager, or property owner may not want the tenant(s) to remain. In these circumstances, completing the eviction process may be the best course of action to take.

Tenant actions

When a tenant receives an eviction notice on their door they will do one of three things. In the case of a tenant receiving a Seven Day Notice to Pay Rent or Quit:

  1. The tenant can pay their rent and any late fees and if accepted by management, they are good. (No public record exists)
  2. The tenant seeks another place to live. When they have acquired a new rental unit, they skip out before the eviction process is completed. (No public record exists)
  3. The tenant fails to pay the rent, or it is not accepted by management. It is submitted to the courts for a summary eviction and the tenants are evicted. (A public record now exists and can be searched)

Knowledge of eviction notices legally served to tenants can be vital information to any landlord, manager, or property owner screening prospective tenants. In Nevada, once an eviction case is granted by the courts, it is immediately public record and available for review. Now what about all those tenants who received notices who were late on their rent or skipped out before being evicted?

Who knows

The only people who know a tenant has received an eviction notice is the landlord, manager or property owner who issued the notice and the tenant. The only people who know rent was not paid or the tenant skipped out is the landlord, manager or property owner and the tenant, because this information is not recorded anywhere.

With WWTR, our database will house all notices issued to tenants. Clients of WWTR will have access to these notices when screening tenant applicants. You will know if the tenant applicant was in the process of being evicted, if they have ever paid their rent late or if they were in the process of skipping out without paying. Having access to eviction notices can provide you with real time rental history and behavior that is not available anywhere else.