Melissa, Other/Just Looking in Henderson, NV

How long after a Three-Day Notice to quit to I have until they come and kick me out of my home. It was

Asked by Melissa, Henderson, NV Thu Jun 5, 2008

foreclosed on and the bank became the full owner again on May 14th and I got the Three-Day Notice To Quit on the 30th.

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The three day notice is the predicate to a lawsuit. It is not the writ - and it is not an order from the sheriff. If you stay for the three days, you are in unlawful detainer. However, depending on the jurisdicion, the owner has to then file and serve a lawsuit (which gives you a limited amount of time to respond) and then can ask a judge to sign an order directing the sheriff to remove you. The sheriff will not show up on the fourth day. If you need assistance understanding your jurisdiction's laws regarding this process, contact your local Bar association, see if they have a housing project that can offer you a consult with an attorney who knows the local law. Hope this helps. Elizabeth Powell - Attorney, Tacoma WA
1 vote Thank Flag Link Sat Jun 7, 2008
Melissa,

You didn't say, are you the former owner or a tenant?

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0 votes Thank Flag Link Sat Aug 21, 2010
As A property manager I inspected a home where the tenant had damged and altered the premises. I served a 3 day notice which actually takes 6 judicial days. the followed up with a five day unlawful detainer. When the five day expires I filed the fiveday and eviction happened in the next 24hours. Of course if the tenant files an affadavit to the fiveday then a court hearing is set ususally within two weeks. Nevada is a landlord state and the tenant has to prove beyond resonable doubt that he/ she did not commit the act withing the 3 day notice.
five day notices take 9 judicial days before you can file, if the tenant does not respond the order is sent to the constable,who posts the 24hour notice to vacate premises. the constable then goes to the premises and physically removes the tenant and the lock smith changes the locks.
Tenants may file an appeal and then you have to file a motion to have the tenant deposit with the court the sum equal to the months rent not paid prior to the trial. Most tenants do not have this amount yet judge will tell them to pay at court.
http://www.leg.state.nv.us/nrs/nrs-040.html
0 votes Thank Flag Link Sat Aug 21, 2010
Melissa,

I have to agree with Karen. Here in Las Vegas, it's the Constable's office, and depending how backed up they are (and they're pretty busy now), there's no sweet-talking them to delay removing you. If there's a phone number on your notice to the Realtor handling the foreclosure, give them a call and see if you can arrange for another week or so to get everything moved out. Good luck to you.
0 votes Thank Flag Link Thu Jun 5, 2008
Melissa,
so sorry to hear of your situation... Although laws vary by State, if you received the 3-day notice to quit- my understanding is that any time after that 3 days the Sheriff could appear at your door and escort you from the property.
I would make every effort to get your things together, make arrangements to find other accomodations asap. You don't want to wait until they are there to lock up the doors. If you have legal counsel, you may want to pose this question to them
All the best to you.
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0 votes Thank Flag Link Thu Jun 5, 2008
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