Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Nevada and understand their responsibilities.
Quick Facts for Nevada
- Grounds for Eviction: Failure to pay rent, violation of rental agreement & illegal behaviors
- Notice Required for Nonpayment of Rent: 7-Day Notice to Pay Rent or Quit
- Notice Required to Terminate without Cause: 7-Day Notice to Quit; 30-Day Notice to Quit (for weekly & monthly renter, respectively)
- Notice Required for Lease Violations: 5-Day Notice to Quit
- Fastest a Landlord Can Evict for Illegal Acts: 5 Days (via Notice to Quit for Unlawful Detainer)
- Duration for Tenant to File an Answer With the Court: Within 7 days from lawsuit filing
How Long Does it Take to Evict a Tenant?
Landlords may find eviction laws in the state of Nevada less clear than they are in many other states. Not only does the eviction process in the state of Nevada contains multiple steps, but the landlord must determine which of two alternative courses he/she wishes to take in obtaining an eviction. The landlord may choose between the Summary Process and the Formal Eviction Process. The Formal Eviction Process should be used when the landlord wishes to seek both possession of the property and financial compensation in the same legal process.
Regardless of which alternative the landlord chooses, the eviction process is begun with a Notice that will either allow the tenant to repair issues creating concern or end the rental agreement. The amount of time required in this initial notice will depend upon the issue creating the landlord’s desire to reclaim possession of the rental property.
Once the initial Notice has expired, the landlord will either file a claim in court (Formal Eviction Process) or serve the tenant with a second Notice for Unlawful Detainer (Summary Process). If the landlord chooses the Summary Process, there will only be a trial if the tenant responds to the court.
In the event that the court becomes involved, the eviction process may be delayed due to practices inherent in the legal process. So, it is clear to see why this is an unpredictable process. It is impossible to say with any certainty how long it will take an eviction to run its course. The reason an evict is being sought and the tenant’s willingness to fight the eviction process will generally have the largest impact on the amount of time required to obtain an eviction in any state.
Reasons for Eviction
In the state of Nevada, a landlord may seek to evict a tenant for a variety of reasons. These reasons include:
- Failing to pay rent
- Failing to follow the terms of the rental agreement or perform basic tenant obligations
- Illegal activity
- Creating a nuisance
Regardless of the reason the landlord is seeking to reclaim the rental property, he/she must begin the process by providing the tenant with a written Notice. This notice may allow the tenant to correct an issue with the landlord or it may only instruct the tenant of the landlord’s intention to discontinue the rental arrangement depending upon the situation. If the tenant fails to act according to the notice, the landlord may proceed with the eviction process. This may be done either by a Summary Process or a Formal Eviction Process.
Eviction for Failure to Pay Rent
When a tenant fails to pay rent in a timely fashion in the state of Nevada, a landlord is required to provide a written 7-Day Notice to Pay Rent or Quit, before he/she can proceed with the eviction process (N.R.S. 40.2514). If the tenant fails to pay the outstanding rent or move from the property within the amount of time provided, the landlord may choose to proceed with the eviction process through the Summary Process or by filing an Unlawful Detainer Suit in the court.
Eviction if Rent has Been Paid
A landlord may evict a tenant who is renting without the benefit of a written lease, also referred to as an “at-will” tenant, without cause. In order to evict an “at-will” tenant, a landlord must first provide the tenant with a Notice to Quit (N.R.S. 40.25(1)(b)(1). The amount of time allowed in the notice depends upon the way the tenant pays rent. If a tenant rents on a month-to-month basis, the landlord is required to provide a written 30-Day Notice to Quit. When a tenant rents on a weekly basis, the landlord is required to provide a written 7-Day Notice to Quit.
Evicting a Tenant For Violation of Rental Agreement/Lease
In the state of Nevada, a landlord must provide a written 5-Day Notice when terms of the lease are violated or the tenant has failed to perform his/her duties as a tenant (N.R.S. 118A-430).
When the issue can be remedied, the landlord should provide a written 5-Day Notice to Cure. Within this document, the landlord must provide an indication of the issues at hand. If the tenant fails to remedy the issue within the amount of time provided, the rental agreement is broken and the landlord may proceed with the eviction process.
If the violation is one that can not be corrected, the landlord will provide a 5-Day Notice to Quit which informs the tenant of the landlord’s intention to terminate the rental agreement and provide the tenant five days to vacate the premises. If the tenant remains after the time allowed, the landlord may proceed with the eviction process.
Evicting a Tenant for Illegal Behavior
In the state of Nevada a landlord is allowed to serve the tenant with a 3-Day Notice to Quit when the tenant has committed a variety of illegal or grevice behaviors. These offenses include:
- Subletting the property in violation of the lease
- Committing or allowing damage to be done to the rental property
- Running an unlawful business on the property
- Violating controlled substance laws
If the tenant fails to vacate the property in the allotted time, the landlord may proceed with the eviction process. If the landlord chooses to use the Summary Process, he/she will proceed by serving the tenant with a 5-Day Notice to Quit for Unlawful Detainer (N.R.S.40.254).
If the landlord chooses to use the Formal Eviction Process, he/she will proceed by filing a Summons and Complaint for Unlawful Detainer with the court.
How Does a Landlord Evict a Tenant When There is no Lease?
An “at-will” tenant may be evicted without cause in the state of Nevada. However, the landlord must provide the tenant with notice of his/her wish to regain control of the rental property. The amount of time a landlord must provide to the tenant depends upon the rental arrangement (N.R.S. 40.251 (1)(b)(1)). When a tenant is renting on a month-to-month basis, the landlord must provide a written 30-Day Notice to Quit. When the tenant is renting on a weekly basis, the landlord is required to provide a written 7-Day Notice to Quit.
If the landlord chooses to use the formal eviction process to remove the tenant from the rental property, he/she will file a Summons and Complaint for Unlawful Detainer with the court rather than providing a 5-Day Notice to Quit for Unlawful Detainer.
When Can a Tenant Not Be Evicted
In the state of Nevada, it is illegal for a landlord to attempt to evict a tenant for:
- exercising his/her right to complain to a government agency about code violations
- joining or organizing a tenant’s group or union
- filing a lawsuit against the landlord for failure to maintain the rental property
It is also illegal for a landlord to attempt to evict a tenant based on his/her religion, gender, race, nation of origin, familial status, disability status, or sexual orientation.
Once a Notice Has Expired
The landlord must decide whether to use the Summary Process or proceed with an eviction using the Formal Eviction Process.
If the landlord wishes to use the Summary Eviction process, he/she would proceed by serving the tenant with a written 5-Day Notice to Quit for Unlawful Detainer. This notice requires that the tenant either move or respond by filing with the court. If the tenant is over 60 or suffers from a disability, he/she may mail a written request to remain on the property for an extra 30 days. The tenant may oppose the notice by filing an affidavit with the court to obtain a hearing or file a motion with the court requesting an eviction delay for up to ten days. If the tenant fails to file an Answer to the court, the court will grant the landlord with an eviction order and send it to the constable. This order allows the landlord to pay the constable to perform a lock-out. The constable will post the eviction order on the property door and lock the tenant out of the property.
Once a Detainer Lawsuit is Filed
If the landlord has chosen to seek an eviction using the Formal Eviction Process, he/she will file a Detainer Lawsuit with the court. The tenant must be served with a copy of the complaint. He/she will have up to five days to file an Answer with the court. The tenant’s answer should detail all defenses he/she wishes to use to challenge the eviction.
Once Eviction Occurs
Once an eviction order is granted, the eviction notice will be posted and the tenant will be locked out of the rental property. The constable will post the Eviction Order within 24 hours of receiving the order and the lockout will occur between 24 and 36 hours of the posting of the order.
Make sure to read through N.R.S. 40.251 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.