Free INSTRUCTIONS FOR FILING - Nevada

INSTRUCTIONS FOR FILING A COMPLAINT FOR ILLEGAL LOCKOUT OR A COMPLAINT FOR ILLEGAL INTERRUPTION OF ESSENTIAL SERVICES

The following are step-by-step instructions for completing the Verified Complaint for Expedited Relief: PARAGRAPH 1: You must check one of the two boxes listed. If an action for summary eviction or unlawful detainer is already pending between you and the landlord, or if there is a lockout in effect based upon a judicial order from such a proceeding, the Verified Complaint for Expedited Relief cannot be filed with the Court at all. However, you may seek similar relief before the judge presiding over the applicable action; to do so, please file a "Motion to Place on Calendar" using the case number for the correct case. If there is no pending action for summary eviction or unlawful detainer, and if there is no lockout in effect pursuant to a judicial order, you can proceed to Paragraph 2. PARAGRAPH 2: Please indicate the date you entered into the rental agreement with the landlord. PARAGRAPH 3: Please provide the street address for your unit, including the city and zip code. If the property is located in Henderson or North Las Vegas, you need to file in the appropriate court which has jurisdiction over the property. PARAGRAPH 4: Please check the appropriate box to clarify whether the rental agreement was or was not in writing. If a copy of the rental agreement is available, please attach a copy of the rental agreement to your paperwork when you submit the Verified Complaint to the Court. PARAGRAPH 5: Please indicate the amount of periodic rent that you pay.

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PARAGRAPH 6: Please indicate how often you pay rent. For example, rent is commonly paid on a weekly or monthly basis. If this is not true in your case, please indicate the appropriate period in the line provided. PARAGRAPH 7: Please check the appropriate box to indicate whether your rent is current. If you are behind in the payment of rent, please indicate the amount "in arrears," which refers to the amount that you currently owe to the landlord. PARAGRAPH 8: Please indicate the date that your next rental payment is due. PARAGRAPH 9: Please check one, or both, of the boxes to indicate if the landlord committed an illegal lockout, an illegal interruption of essential services, or both. You must also include the date(s) that these events occurred. NOTE #1 If essential services such as utilities (power, gas, water, etc.) were turned off because of unpaid utility bills, you will not be entitled to relief from the Court. You will need to contact the appropriate utility to resolve the situation. The Verified Complaint for Expedited Relief only applies to unlawful conduct by landlords. NOTE #2 YOU MUST FILE THE VERIFIED COMPLAINT FOR EXPEDITED RELIEF WITHIN 5 JUDICIAL DAYS AFTER THE DATE OF THE UNLAWFUL ACT BY THE LANDLORD! ("Judicial days" are the same as business days; weekends and holidays are not included.) If more than 5 judicial days have passed since the unlawful act, your Verified Complaint for Expedited Relief will be dismissed as "stale," but you will still retain the right to pursue all other available legal remedies against the landlord. J PARAGRAPH 10: Please provide the factual circumstances surrounding the illegal lockout and/or the illegal interruption of essential services. For lockouts, please give specific details about how you were locked out (ie. whether your door was padlocked, pinned, etc.). For essential services, please give specific details about which services were affected and how this has affected your living conditions at the unit. EVMOT128W INSTRUCTIONS 2

IT IS CRITICAL THAT THE INFORMATION YOU PROVIDE IS LEGIBLE. If you need additional space, you may attach additional legible pages. PARAGRAPH 11: Please check one or both of the boxes to indicate the steps you took after the landlord's conduct. For example, if the landlord locked you out, you should indicate that you tried to get back in to your unit, but the landlord refused to let you in. If you have copies of any letters sent from, or to, the Landlord in this respect, you should attach those copies to your Verified Complaint so that the judge can review those letters. If the landlord terminated your utilities or other essential services, you should indicate that you tried to convince the landlord to restore those services, but the landlord refused to do so. Again, if you have copies of any letters sent from, or to, the Landlord in this respect, you should attach those copies to your Verified Complaint so that the judge can review those letters. PARAGRAPH 12: Please indicate the amount of monetary damages that you are seeking. In addition to statutory damages of $1,000.00 that are allowed under NRS 118A.390, you should specify the amount and source of any additional damages. For example, if you were forced to secure reasonable alternative housing because of an illegal lockout, you could claim the cost for that housing as damages. Please be advised that the Justice Court jurisdictional limit is $7,500.00. You may not claim damages in excess of that amount in Justice Court. PARAGRAPH 13: You do not need to add any information here. This paragraph merely summarizes the relief that you are requesting. PARAGRAPH 14: You must sign and date this "Verification" to indicate that you have read the Complaint for Expedited Relief and that you believe the contents to be true.

PARAGRAPH 15: You must complete either Section 1 or Section 2.

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If you choose Section 1, you must have your signature notarized in the presence of a notary public who will stamp the notary seal in the area provided. If you choose Section 2, you must date and sign the "unsworn declaration." By doing so, you are declaring under penalty of perjury that the contents of the Verified Complaint for Expedited Relief are true and correct. Perjury is a criminal offense and can be prosecuted as such. NOTE: If you have complied with all the requirements for filing a Verified Complaint for Expedited Relief, the Court will conduct a hearing within 3 judicial days after the date that the Complaint is filed. ("Judicial days" are the same as business days; weekends and holidays are not included.) On Page 5 of the Verified Complaint for Expedited Relief, there is a "Notice of Motion" that is filled out entirely by court staff. Do not write anything on this page. After the Verified Complaint for Expedited Relief has been properly filed, court staff will complete the Notice of Motion which will include the date and time of the scheduled hearing. PRIOR TO THE HEARING DATE, YOU MUST SERVE THE VERIFIED COMPLAINT AND THE NOTICE OF MOTION UPON THE LANDLORD, PURSUANT TO THE JUSTICE COURT RULES OF CIVIL PROCEDURE. If you have any questions on the mechanics of service, you are encouraged to contact a licensed process server. After the Complaint and the Notice of Motion have been served, you must provide proof of service to the Court, either at or before the scheduled hearing, or you will be entitled to no relief. When you attend the hearing on the Complaint, both you and the landlord will be entitled to present evidence and arguments in support of your respective positions. After the judge makes a decision on the merits of the case, the judge will issue a written order either denying or granting your relief. The judge will also make an order with respect to the initial filing fees that were deferred when the Verified Complaint was originally filed. If the Court denies your request, it is possible that the judge may impose the costs and fees against you, or the judge could reduce or waive those fees as justice requires. If the Court grants your request, it is possible that the judge may impose the costs and fees against the landlord, or the judge could reduce or waive those fees as justice requires. Also, if the Court grants your request, the written Order will enjoin the landlord from any future violations, subject to punishment for contempt of court. If the Court awards damages to you, collection of those damages may proceed as in any civil case; if you have questions in this respect, you are encouraged to contact an attorney. EVICT-Complaint for Illegal Lockout - Instructions EVMOT128W INSTRUCTIONS 4