NationalEviction

Outline of the eviction process in Nevada

For landlords and property managers · Updated May 2025

1. Grounds for Eviction

  • Legal reasons required:
    • Non-payment of rent.
    • Lease violation (e.g., unauthorized pets, property damage).
    • Illegal activity (e.g., drug-related conduct, violent crime).
    • End of lease term (fixed-term or month-to-month).
    • Holdover tenancy (tenant remains after lease expires).
    • No-fault eviction (e.g., landlord wants to sell or occupy).
  • Laws: Nev. Rev. Stat. § 40.250 to § 40.426 (Unlawful Detainer); § 118A.010 to § 118A.520 (Residential Landlord and Tenant Act).

2. Notice to Quit

  • Written notice served:
    • Non-payment: 7-day notice to pay or vacate.
    • Lease violation: 5-day notice to cure or vacate (if curable); 5-day for non-curable.
    • Month-to-month: 30-day notice (60-day for seniors/disabled in some cases).
    • No-fault/end of lease: 30-day notice.
    • Illegal activity: 3-day notice to vacate (no cure).
    • Holdover: 5-day notice to vacate.
  • Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
  • Tenant can cure by paying rent (within 7 days) or fixing violation (within 5 days).

3. Filing the Eviction Case

  • File Summary or Formal Eviction Complaint in Justice Court.
  • Documents: Complaint, summons, Notice to Quit, lease, proof of service, non-military affidavit.
  • Fee: ~$71–$150 (varies by county).
  • Timing: After notice period expires (e.g., 8th day for 7-day notice).

4. Serving the Summons and Complaint

  • Sheriff, constable, or process server serves papers 5 judicial days before hearing (7 days if mailed).
  • Methods: Personal delivery, left with resident (age 18+), or posted and mailed.
  • Tenant has 5 judicial days to file Answer or appear (20 days for formal evictions).

5. Court Hearing

  • Held 7–10 judicial days (summary) or 20–30 days (formal) after filing.
  • Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
  • Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

  • Notice of Eviction (summary) or Writ of Restitution (formal) if landlord wins.
  • Appeal: 5 days to District Court (requires bond).
  • Order/writ issued: ~3–10 days post-judgment; sheriff or constable serves 24-hour notice to vacate.

7. Physical Eviction

  • Sheriff or constable removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
  • Tenant may reclaim stored property by paying costs.
  • Law: Nev. Rev. Stat. § 40.253(6).

8. Tenant Protections

  • Rights:
    • Cure violations (7 days for rent, 5 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
    • Local protections for seniors/disabled; no self-help evictions (landlord penalties up to $2,500 or damages).
  • Resources:
    • Nevada Legal Services (866-432-0404), nevadalegalservices.org, lacsn.org.

Notes

  • Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
  • Sources: Nev. Rev. Stat. § 40.250 to § 40.426, § 118A.010 to § 118A.520; clarkcountynv.gov; nevadalegalservices.org.

This outline is general information for landlords, not legal advice. Notice periods, fees and procedures change and may vary by county or city. Confirm current rules with a licensed Nevada attorney before acting.