Nevada to gradually lift to eviction moratorium, governor announces rental assistance program

Nevada Gov. Steve Sisolak signed Emergency Directive 025 on Thursday, which will gradually lift the moratorium on evictions. He also strongly urged landlords and tenants to work together and collaborate on repayment plans.

“It is just as imperative today as it was when I signed the original directive to allow Nevadans to stay home and stay safe as much as possible, while also providing clarity and a timeline in which rental obligations must be met,” said Governor Steve Sisolak. “I want to thank the Attorney General’s Office and the Treasurer’s Office for their assistance in this important work.”

Directive 025 lifts the moratorium on evictions and foreclosures imposed by Directive 008 in phases by allowing residential evictions and foreclosures to resume in full on September 1 for non-payment of rents and no cause evictions. Late fees or penalties for non-payment of rent or mortgage payments may not be charged retroactively.

The directive reinstates residential summary evictions and unlawful detainer actions prior to September 1 for certain causes other than non-payment of rent. These caused based actions do not include non-payment of rent, but include holdover tenants, tenants at will, waste, unlawful business, nuisance, violations of controlled substance laws, and violations of lease conditions other than non-payment of rent.

For commercial tenancies and mortgages, landlords and lenders can again charge late fees, initiate lockouts, or start eviction actions for non-payment of rent or foreclosure proceedings beginning July 1.

"Now that our State has begun to reopen, I support Governor Sisolak's new Directive and encourage landlords and tenants to work together to enter into repayment agreements as Directive 025 is phased in," said Attorney General Aaron D. Ford. "I'm proud of all of the work my Bureau of Consumer Protection has done to help Nevadans with eviction issues, and am especially grateful to my Consumer Counsel Mark Krueger for his tireless efforts. We will continue to take complaints and have drafted flyers to assist tenants and landlords with the governor’s new Directive."

The Governor strongly encourages that all landlords and tenants work together on repayment plans. The Nevada Attorney General’s Office has created a template Lease Addendum and Promissory Note to assist and encourage landlords to work with tenants on a repayment plan to keep people in their residences and to avoid overwhelming the courts.

This voluntary document is intended to help landlords receive delinquent rental amounts while helping keep tenants in their homes or places of business under a payment plan for back due rents that they can afford.

Directive 025 is a result of collaboration between the Governor’s Office and the Attorney General’s Office working with various stakeholders including the Nevada Realtor Association, the Nevada State Apartment Association, Legal Aid of Southern Nevada, Washoe Legal Services, Culinary Union 226, and the Nevada Supreme Court, among others.

Additionally, the Nevada State Treasurer’s Office is working on coordinating a statewide rental assistance program to help residential and commercial tenants, with the goal of having the residential program up and running by mid-July and the commercial program shortly thereafter.

The program will be funded with $50 million of federal Coronavirus Relief Funds, with $30 million earmarked for residential rental assistance and $20 million set aside for the commercial rental relief program.

“We understand that significant action is needed so that Nevadans can remain in their homes and businesses can stay open,” said Treasurer Zach Conine. “These programs will provide much needed assistance to renters, businesses, non-profits and landlords throughout the state.”

More information on the rental assistance program will be announced in the coming weeks.