How to Stay a Sheriff Lockout During an Eviction Appeal in Nevada

Facing eviction can be overwhelming, especially when a sheriff lockout is scheduled in Nevada. If you’ve filed an appeal after an eviction order, you may wonder if you can legally delay or prevent being locked out of your home during the appeal process. Knowing your rights, the right forms to use, and the resources available to you can make all the difference as a renter in Nevada.

Understanding Sheriff Lockouts in Nevada

Once an eviction order (also called a Summary Eviction Order or Final Order for Removal) is issued by the court, your landlord can request a sheriff to perform a lockout. The sheriff’s office will usually post a notice on your door and schedule a date and time for the lockout. This is a critical point, but renters may have options to delay the lockout if an appeal is being made.

Filing an Appeal: Your First Step to Delay Eviction

Under Nevada law, renters have the right to appeal most eviction judgments. However, just filing an appeal does not automatically stop the lockout process. To legally remain in your home while your appeal is considered, you must take specific steps and use the correct forms.

Official Tribunal for Nevada Evictions

• Nevada Justice Courts handle residential evictions and lockouts statewide.

Relevant Tenancy Legislation

• The main law governing rental evictions in Nevada is the Nevada Revised Statutes – Chapter 118A (Residential Landlord and Tenant Act)

How to Stay (Pause) the Lockout During an Appeal

If you wish to delay the actual lockout by the sheriff after an eviction order, you must file a specific legal request. Here’s what’s involved:

Key Form: Motion to Stay Order for Removal (Justice Court Form)

• Form Name: Motion to Stay Order for Removal
• When to Use: File this form after the court issues an eviction (removal) order if you are appealing and want the judge to pause the eviction while your appeal is decided.
• How It Works: Once filed, the judge may temporarily “stay” or pause the enforcement of the eviction order. This means the sheriff cannot lock you out until the motion is reviewed and a decision is made.
• Example: If you receive a lockout notice scheduled for Friday and file an appeal on Wednesday, submit the Motion to Stay on the same day for the best chance the sheriff’s lockout can be delayed while your appeal moves forward.
• Where to Get It: Download from Nevada Eviction Forms – Self Help Center (look for "Motion to Stay Order for Removal" under Justice Court forms)

Action Steps: Requesting a Stay of Lockout

• Confirm with the Justice Court that your appeal has been filed
• Complete the "Motion to Stay Order for Removal" form, explaining why the lockout should be paused
• File the form with the same Justice Court that issued the removal order
• Serve a copy of the motion to your landlord (or landlord’s attorney, if applicable)
• Wait for the court’s decision and follow any instructions—including attending a hearing if required

Practical Notes for Renters

• The court may require you to post a bond or pay rent into the court while the stay is in effect
• If your request is denied, the sheriff can proceed with the lockout
• Delays can be short—often just days—until your appeal is reviewed

What Happens After Filing a Motion to Stay?

The judge will review your request and, if granted, the lockout is put on hold—at least until a hearing or a decision on your appeal. Ensure you check your mail and court notices for updates and orders.

FAQ: Staying Sheriff Lockout During Eviction Appeals in Nevada

1. Does filing an appeal automatically stop a lockout in Nevada? No, you must also file a Motion to Stay Order for Removal with the court to halt the sheriff lockout while the appeal is considered.
2. Where can I find the correct form to request a stay? You can download the Motion to Stay Order for Removal from the Nevada Eviction Forms Self Help Center.
3. How long does a stay last if the court grants it? A stay usually lasts until your appeal is decided or a further court order is made. It may only be for a short period—ask the judge or court clerk for specifics.
4. Can I be locked out if my appeal is still pending but my stay is denied? Yes. If the judge denies your motion to stay, the landlord can proceed, and the sheriff can lock you out.
5. Will I have to pay rent while the stay is in effect? Possibly. The judge may require you to pay ongoing rent into the court or post a bond during the stay period.

Conclusion: Your Rights and Responsibilities

• Filing an appeal does not automatically halt eviction—requesting a stay is essential
• Act quickly by submitting both your appeal and Motion to Stay
• Reach out to Nevada legal resources if you are unsure of the process or your rights

Understanding your options and acting promptly can help you stay in your home during a stressful time.

Need Help? Resources for Renters

• Nevada Eviction Forms and Self Help Center – forms and guides
• Nevada Justice Courts Locator – find your local court for filings or questions
• Legal Aid Center of Southern Nevada – free legal help for qualified renters
• Washoe Legal Services – support for northern Nevada renters

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1. Nevada Revised Statutes – Chapter 118A Residential Landlord and Tenant Act
2. Nevada Eviction Forms – Self Help Center
3. Nevada Justice Courts Resource

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