A Nevada eviction notice is utilized by landlords who need to initiate the eviction process due to rent non-payment or lease term violations. This formal notice must adhere to Nevada state regulations, giving tenants the necessary time to address the lease breach or vacate the property.
Eviction Laws and Requirements
- Landlord and tenant laws: Nevada Revised Statutes (NRS) Chapter 118A.
- Eviction process laws: NRS §§ 40.215 – 40.425.
- Notice for non-payment of rent: 7 days (NRS § 40.2512).
- Notice of non-compliance with lease terms: 5 days (NRS § 40.2516).
- Notice of unlawful business, nuisance, waste: 3 days (NRS § 40.2514).
- Service of Notice requirements: Notice must be served by the sheriff, constable, or licensed process server (NRS § 40.280).
- “Self-help” evictions: Unlawful (NRS § 118A.390).
- Lease termination (month-to-month): 30 days (NRS § 40.251).
How to Evict a Tenant in Nevada?
Chapter 40, specifically sections 40.215 through 40.425 of the Nevada Revised Statues, governs evictions in the state.
Step 1: Serve Notice on Tenant
If the eviction is for non-payment of rent, the landlord will only need to serve the tenant with the 7 Day Notice to Pay Rent or Quit.
Suppose the eviction is for any other reason, such as violating lease terms or unlawful business. In that case, the landlord must first serve the applicable notice that describes the violation, followed by a second Notice to Quit for Unlawful Detainer after the first notice period has elapsed.
Step 2: File a Complaint and Supporting Documents with the Justice Court
If the tenant doesn’t comply with the notice or respond, then the landlord can begin an eviction lawsuit by filing the following documents with the Justice Court:
- Complaint for Summary Eviction
- All notices that were served on the tenant
- An original affidavit of service
- A written rental or lease agreement, if any, exists
Landlords will also have to pay a filing fee to the Justice Court.
Step 3: Attend a Hearing If Necessary
If the tenant files an answer, the tenant and landlord must attend the hearing. The notice of the time and date of the hearing will be mailed to both parties.
At the hearing, the landlord and the tenant can provide the case facts and present their sides.
Suppose the judgment is ruled in favor of the landlord. In that case, an Eviction Order is given, and the landlord can arrange to remove the tenant from the premises with the constable physically.
Summary eviction is used for cases where the landlord’s right to possession is clear. It’s used most often for cases involving non-payment of rent.
Related Court Forms
- Complaint for Summary Eviction: This form formally starts the eviction process in court. (Note: This is an example form from Churchill County, Nevada. Ask your local County Clerk for the appropriate form in your area.)
- Landlord’s Statement for Summary Eviction: A landlord can use this form to describe the lease violation and why they seek to evict the tenant.
- Tenant’s Affidavit: A tenant can use this form to respond and defend themselves when an eviction is pending for non-payment of rent in private housing.