Evicting a tenant in Nevada begins with a notice to quit. These forms are used to enter one of two eviction classifications in the Silver State: the formal eviction process or a summary eviction process. A landlord will pursue a formal eviction process when they wish to recover both the property and financial damages from a tenant, while the summary process simply works toward obtaining possession of a property. In either instance, 5-day notices to quit or 30-day notices to quit are the first step before filing for an unlawful detainer suit.
How to Evict
- Step 1: Send an Eviction Notice
- Step 2: Wait to Hear from the Tenant
- Step 3: File in Court
- Step 4: Serve the Tenant
- Step 5: Attend a Hearing
- Step 6: Obtain an Order for Removal
- Step 7: Repossess the Property
In Nevada, landlords must have a witness present when delivering a notice to quit. If the tenant isn’t present, the notice must be left with an adult on the premises or at the tenant’s workplace.1
- Non-Payment of Rent (5-Day Notice to Quit) — Tenants are given a notice period of 5 days when they have not paid rent. Rent is considered late at the expiration of the due date specified in the rental agreement, and if the tenant wishes to contest the eviction or defend their reasons for non-payment, they may file an affidavit within the 5-day period.2
- Non-Compliance (5-Day Notice to Quit) — If a tenant violates a condition in their lease agreement, the landlord must notify them of the specific act(s) which constitute their breach, as well as when they happened. The tenant then has 5 days to save the lease from forfeiture (by curing) or vacate.3
- Month to Month (30-Day Notice to Quit) — When either party wishes to terminate a month-to-month rental agreement, they are required to provide a full 30 days’ notice of the termination.4
- Illegal Activity (3-Day Notice to Quit) — Tenants can be given a 3-day notice in the event of criminal activity on or about the premises. Illegal activity includes but is not limited to possession or intent to use/distribute drugs, criminal gang activity, and running an unlawful business.5
Tenants must be given the full notice period to remedy the circumstances of their eviction before the landlord can proceed any further and eviction lawsuits cannot be filed against a tenant if there is a failure to receive their notice properly.6
As mentioned, the tenant may also use this time to file their response or Answer Form with the court directly.7
In Nevada, a landlord need only file a complaint if the tenant filed an objection to the eviction.10
Forms to File:
- Landlord’s Declaration for Summary Eviction for Non-Payment of Rent – This form is used when a landlord wishes to file an eviction due to unpaid rent.
- Landlord’s Declaration for Summary Eviction for Breach – If the eviction is for any breach of the rental contract other than non-payment of rent, this form should be used.
- District Court Civil Cover Sheet – This sheet must be attached when a declaration is submitted to the district court.
- Tenant’s Declaration (Non-Payment of Rent) – After being served a notice for non-payment of rent, a tenant can file their answer to the court using this form.
- Tenant’s Declaration (For Breach of Lease) – After being served a notice for breach of their lease terms, a tenant may contest the eviction with this document.
If the tenant has responded to their first eviction notice by filing an affidavit and the landlord has then responded by filing for Summary Eviction, a complaint and summons will be served to the tenant11
Nevada law doesn’t specify how soon the summons and complaint must be served to the tenant, but they must be served either by the sheriff, deputy sheriff, or anyone over the age of 18 who isn’t involved in the case11
If the tenant never filed an affidavit, the judge may rule for eviction in favor of the landlord, However, if the tenant did file an affidavit, either party has the right to request a 5-day continuance.12 In some cases, the tenant may be granted as much as 30 days if a judge feels it’s necessary.12 And finally, no matter the initial ruling, either party may appeal within 10 days of the court’s decision13
An order for removal will be issued immediately when rulings fall in favor of the landlord.13 However, with evictions concerning non-payment of rent, the order for removal can be seen as the tenant’s last chance to pay or quit. In these circumstances, the order for removal will not be issued within 5 days of the judgment, allowing the tenant the time to pay any rent due as well as any necessary legal fees and still avoid eviction.14
Once the court orders the sheriff to help a landlord recover property, they must post the order for removal on the property within 24 hours. The tenant then has at least 24 more hours but no more than 36 hours to vacate.
Video: Evictions in Nevada
- § 40.280
- § 40.2512
- § 40.2516
- § 40.251
- § 40.251
- § 40.253(1)(a)
- § 40.253
- Civil Procedure Rule 4
- § 40.310
- § 40.380
- § 40.360