Nevada Eviction Process

How to Evict a Tenant in Nevada (6 Steps)

Step 1 – Deliver Eviction Notice

All eviction notices must be served or delivered to the tenant by the sheriff, a licensed process server, an agent of your attorney, or a court constable. You may not serve the notice yourself or have it served by a private individual (NRS 40.280(1)).

The notice must be:

• Served personally to the tenant.
• Left with a resident over the age of 14 and mailed to the resident at the residential address.
• Posted at a “conspicuous location” and mailed to the resident at the residential address.

The individual who served the notice must file a proof of service with the court before any eviction order can be entered.

Step 2 – Wait for Tenant to Pay or File Affidavit

If the tenant pays the past-due rent, the case ends. The landlord cannot refuse to accept rent because there are also bank charges, late fees, or other costs (NRS 40.253(9)).

Step 3 – File Complaint After Notice Expires

It is your responsibility to check the court docket to see if the tenant has filed an Answer in your case. If the tenant has filed an Answer, your case will be assigned a case number. This is the number you must use on your Complaint. If you do not use this case number, your case may be dismissed.

If the tenant does not comply with the notice, the landlord may file a Notice of Summary Eviction. It must include:

• Complaint for Summary Eviction for Nonpayment of Rent.
• All eviction notices served on tenant.
• Declaration of service, with attorney’s affidavit, if attorney’s agent served notice.
• Written lease agreement or rental agreement.
• Cover sheet if filing in any court other than Las Vegas.

Step 4 – Attend Hearing for Summary Eviction

If the tenant files an Answer, the court will schedule a hearing when the landlord files a Complaint, regardless of the tenant’s allegations (NRS 40.253(6)). For example, in Las Vegas, both parties receive notice of the hearing date by mail. Other jurisdictions may have alternate methods, and parties should check with their local courthouse.

At the hearing, the tenant will have an opportunity to present their case. Because summary eviction is used where the landlord’s right of possession is clear, the judge must dismiss the case if there is any issue of fact. 

Do not use summary eviction where the tenant may have an actual claim for failure to repair, constructive eviction, or other reasons. If you are unsure of the tenant’s possible claim, contact an attorney.

Step 5 – Receive Judge’s Order

If the tenant does not file an Answer, the court will issue a Summary Eviction order (NRS 40.253(5)(a)). The tenant then has an opportunity to request a stay of eviction, for instance, if there are elderly or special-needs children who cannot be immediately relocated.

Timeline

The tenant can appeal the judgment within 10 days after the court issues a Judgment for Possession in favor of the landlord.

Step 6 – Arrange Tenant Removal

The landlord must contact the constable or sheriff to remove the tenant. Procedures and fees may vary, so you will need to contact the sheriff’s office in your county or township to make arrangements. If there are specific details, such as a locked gate or access panel, you can give them the particulars at that time.

Eviction Reasons in Nevada

Landlords cannot evict tenants for no reason at all. Landlords must obey state and federal laws when filing and serving eviction notices. Under the Federal Fair Housing Act, tenants cannot be evicted based on their race, religion, national origin, disability, familial status, gender identity, or sexual orientation. 

Landlords are not allowed to harass or retaliate against tenants to force them to leave. “Self-help” evictions, such as lockouts, cutting off gas, water, or electricity, or refusing to perform maintenance, are illegal.

Nevada law gives landlords specific reasons and deadlines for how tenants and even squatters must be noticed before evictions.

Types of Eviction Notices in Nevada

In at-fault evictions, the tenant has violated one or more terms in the lease agreement. Your notice must refer to the specific term that was violated. Evictions may take anywhere from 10 to 180 days, depending on the type of violation.

In a no-fault eviction, the lease agreement may have expired, or the property may have been sold or foreclosed. The landlord or new owner must give the tenant notice before they can get an eviction order.

1. “No Cause” Notice

• Use ONLY when the tenant’s lease has expired or if there is no lease agreement (NRS 40.251(1)(b)(1)).
• If the tenant is on a week-to-week rental, notice is a 7-day notice.
• Any other rental period, notice is a 30-day notice.
• For tenancy at-will, notice is a 5-day notice.
• After the “no-cause” notice period expires, you must serve a 5-day unlawful detainer notice. Then you may file for an eviction.

2. Notice for Nuisance, Waste, Subletting/Assigning/Unlawful Business/Drug Violations

• Use when the tenant has committed a “nuisance” activity, committed “waste” (such as damaging or destroying property), conducted unlawful business, or illegally sublet the property (NRS 40.2514).
• The tenant must receive a 3-day notice to correct the issue.
• If the issue is not corrected, you must issue a 5-day unlawful detainer notice. Then you may file for an eviction.

3. Notice for Lease Violation

• Use for material violations of your lease agreement (NRS 40.2516).
• You should refer to the clause or section of the lease agreement that has been violated.
• The tenant has five days to correct the violation and provide you with a written statement that the problem has been resolved.
• If you wish to continue the eviction, you must file a 5-day unlawful detainer notice.

4. Notice for Failure to Pay Rent

• Use when the tenant has failed to pay rent according to the lease agreement.
• Has a 7-day pay or quit period for unpaid rent. You must post a notice stating the tenant has 7 days to pay rent, move, or file a Tenant’s Affidavit to request a hearing (NRS 40.253).
• After posting the notice, you must accept the tenant’s rent if provided. 

5. Notice of Foreclosure/Sale of Property

After the sale of a unit, the new owner must honor the lease. If the tenant lives in a complex with more than 5 units:

• The new owner must provide a 3-day eviction notice. The three days do not include weekends, holidays, or court closures.
• The new owner must then serve a formal summons and complaint. The tenant may request a hearing, but there is no defense. The tenant may request, and the judge must provide, up to 10 additional days before any eviction.
• In a foreclosure, a tenant must receive a 3-day notice if the complex is 5 units or larger, and a 60-day notice if it is smaller. The summary eviction process cannot be used for sales or foreclosures.

6. Mobile Home Evictions

The owner of a mobile home park must initiate a formal court action to remove a mobile home renter from their space. Even if the tenant does not answer the summons and complaint, they can still appear in court.

• 3- and 5-Day Notices as above.
• 10-Day Failure to Pay Rent or Services (such as utilities).
• 180-Day Park Closing Notice.
• 45-Day all other notices (such as heavy maintenance).
• Following the expiration of the notice period, you must file a formal Summons and Complaint, and serve it on the tenant.
• You will not receive an immediate eviction order (NRS 40.255).

7. 4-Day Notice to Surrender

Landlords and property owners may remove unlawful or unauthorized occupants via a civil process, regardless of whether an arrest has been made. This is a civil procedure and requires posting of a 4-Day Notice to Surrender (leave) the property.

The format and wording of the Surrender Notice must conform to Nevada law, and forms can be downloaded at county and self-help websites.

Note: This does not apply if there has ever been a landlord-tenant relationship between the parties.

If you have ever told the occupants they could stay there at any time, do not use the Notice to Surrender (NRS 40.280).

Eviction Timeline

Tenant Rights in Nevada

Tenants may file a Tenant’s Affidavit after receiving a notice and request a hearing. Tenants may request additional time, up to 10 days, to move out following an eviction order. Tenants can also break their lease with written notice for specific reasons.

• Medical treatment. Tenants with physical or mental disabilities or who are 60 years or older may break their lease if they must relocate for treatment. This exception only applies if the tenant cannot otherwise remain in the unit, for instance, if they must immediately move to a group home or hospice (NRS 118A.340).
• Domestic violence. If a tenant or member of their household has been a victim of domestic violence, they may terminate their lease at the end of the next rental period. The landlord must receive written notice, and proof of domestic violence within the previous 90 days, such as a temporary restraining order or police report (NRS 118A.345).

Landlords should make reasonable efforts to rent the property after tenants vacate. They cannot “double-dip” and collect rent from a former tenant and a new tenant (for instance, take the new tenant’s first month’s rent while the last month’s rent is still active) (NRS 118.175).

Self-Help Evictions

NRS 118A.390 makes it illegal for a landlord to use “self-help evictions” to carry out an eviction. For example, a landlord cannot change out a tenant’s locks without the involvement of the Court, the Sheriff, or the Constable. A landlord cannot try to force the tenant off the property by making living conditions “unbearable.”

Abandoned Property

The landlord must give the tenant five days following an eviction or lockout to retrieve any essential personal items, such as medication, clothing, personal care items, and baby food or formula. The landlord must safely store all other property for 30 days after the eviction (NRS 118A.460(1)).

Possible Reasons for Dismissal of Summary Eviction

Your case may be dismissed if your tenant can prove any of these claims:

• You posted a notice of nonpayment, but the rent had been paid.
• The tenant attempted to pay rent after the notice was posted, but you refused to accept it.
• The Notice did not comply with state law.
• The Service of Notice did not comply with state law.
• The Service of Notice was not filed according to court requirements.
• The tenant was lawfully withholding rent because the property was not habitable.
• The property was sold or foreclosed, and the tenant must be evicted under the formal process rather than the summary process (NRS 40.255).
• The tenant has a counterclaim against the landlord (NRS 118A.490(1)).
• The eviction violates the Fair Housing Act or related Nevada Law and discriminates against the tenant based on race, religion, color, national origin, gender, sexual orientation, family status, disability, or other protected status (NRS 118.100).
• The tenant reported the landlord to a regulatory agency or government official and believes this eviction is retaliatory in nature (NRS 118A.510).

Summary eviction is intended for situations where the landlord’s interest is clear, and there are no issues of material fact. If there are any flaws in the notice, service, or procedure, the judge will not issue a Summary Eviction order. If you have any questions or concerns or are unsure of the process, contact an attorney at once.

Resources

• Nevada Legal Services: Ensuring justice for all Nevadans with expert legal aid in various areas, including family law and housing disputes.
• Civil Law Self Help Center: Empowering individuals to navigate civil law confidently through guidance and educational resources in Nevada.
• Washoe Legal Services: Dedicated legal aid in Washoe County, offering support in housing rights, consumer disputes, and more for fair and accessible justice.