Walk It Through: The Seventh Judicial Day
A disputed month of rent on a Nevada apartment, from the notice to the hearing and the belongings after.
The rent went in by money order, but the landlord's office says it never arrived and serves a notice: pay the rent or surrender the apartment before the close of business on the seventh judicial day after service.
Two things a person in this spot might do. Picking one shows what the law says about it.
One apartment and one disputed month of rent. The weekly tenancy's shorter notice, evictions for reasons other than rent, and the ordinary unlawful detainer action a defense leads to are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Security depositMoney a tenant pays, which with any surety bond and the last month's rent may not exceed 3 months' periodic rent, and from which a landlord may claim only unpaid rent, repairs for damage beyond normal wear, and reasonable cleaning.
- Summary evictionThe supplemental remedy for unpaid rent on a dwelling rented by the month or less: a written notice to pay the rent or surrender by the seventh judicial day after service, and an order for removal if the tenant neither complies nor contests.
- Tenant's affidavitThe sworn statement a tenant files with the court within the notice period saying the rent was tendered or is not in default, which sends the summary eviction to a hearing.
- Unlawful detainerStaying in possession after defaulting on rent, once a written notice to pay or surrender has gone uncomplied with for the period the statute sets: seven judicial days for a residence and ten days for a mobile home lot.