Nevada Eviction Process

Last Updated: August 31, 2022 by Elizabeth Souza

Steps of the eviction process in Nevada:

1. Landlord serves tenant written notice.
2. Landlord files complaint with court (if unresolved).
3. Affidavit is filed.
4. Court holds hearing and issues judgment.
5. Order for removal is issued.
6. Possession of property is returned to landlord.

Evicting a tenant in Nevada can take around one to six weeks, depending on the reason for the eviction. If tenants file an affidavit, request a continuance, or file an appeal, the process can take longer.

Grounds for an Eviction in Nevada

In Nevada, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.

Eviction for Nonpayment of Rent

In Nevada, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 7 days’
[1]
notice to pay rent or vacate the premises. This notice period excludes weekends and court-observed holidays. If the tenant does not pay or vacate the premises after that time, the landlord can move forward and file an eviction lawsuit.

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Nevada the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full).

Eviction for No Lease or End of Lease

In Nevada, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
[2]

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Eviction for Violation of Lease or Responsibilities

In Nevada, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Nevada landlord-tenant law.  Tenants have the opportunity to correct the issue to avoid eviction. Nevada landlords must provide tenants with a 5 days’
[3]
notice to fix the issue or move out.

Tenant responsibilities include:

• Keeping the premises clean and safe.
• Disposing of all ash, rubbish, and other waste in a clean and safe manner.
• Keeping all plumbing fixtures clean.
• Using all appliances and facilities in a reasonable manner.
• Not deliberately or negligently destroy, damage or remove any part of the premises.
• Not disturb the neighbor’s peaceful enjoyment of the premises.

Examples of lease violations include:

• Having an unauthorized pet or guest.
• Parking in an unauthorized area.
• Not maintaining a certain level of cleanliness.

If the tenant fails to correct the issue and remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction for Illegal Activity

In Nebraska, a landlord can evict a tenant for an illegal activity. To do so, they must first give 3 days’
[4]
notice to move out. Tenants do not have the opportunity to correct the issue to avoid eviction.

In Nevada, illegal activity includes:
[4]

• Setting up or running an unlawful business.
• Committing waste (i.e., damaging the rental property).
• Committing a nuisance on the rental property.
• Illegal possession, use, distribution or manufacture of a controlled substance.
• Subletting the rental unit without the landlord’s knowledge.
• Criminal gang
  [5]
  activity

If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in Nevada by serving the tenant with written notice. The notice must be delivered by one of the following methods:

• Giving a copy to the tenant in person.
• Leaving a copy with someone of “suitable” age and discretion if the tenant cannot be found AND mailing a copy to the tenant.
• Posting a copy of the notice in a conspicuous place on the rental unit AND mailing a copy to the tenant.

It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice. 

7-Day Notice to Pay Rent or Quit

If a tenant is late on paying rent (full or partial) in Nevada, the landlord can serve them a 7-Day Notice to Pay or Quit. This notice gives the tenant 7 judicial days to pay the entire remaining balance or vacate the premises.

Note, this notice period excludes weekends and court-observed holidays.

30-Day Notice to Quit

For a tenant with no lease or a month-to-month lease in Nevada, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.

For tenants that don’t pay monthly, the amount of notice differs:

5-Day Notice to Cure or Vacate

In Nevada, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 5-Day Notice to Cure or Vacate. This eviction notice gives the tenant 5 calendar days to fix the issue or move out.

3-Day Notice to Quit

In Nevada, if the tenant commits an illegal activity, the landlord must provide tenants with a 3-Day Notice to Quit and vacate the premises. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court

In Nevada, landlords will only file a complaint if the tenant files an affidavit objecting to the eviction (see Step 3 below). For example, in Clark County, this costs $270 in filing fees.

The summons and complaint may be served on the tenant by the sheriff, deputy sheriff, or anyone over the age of 18 who isn’t part of the case,
[8]
prior to the eviction hearing, through one of the following methods:
[9]

1. Giving a copy to the tenant in person; or
2. Leaving a copy with someone at the tenant’s residence of “suitable” age.

Nevada state law doesn’t specify how quickly the summons and complaint must be served prior to the eviction hearing.

Step 3: Affidavit is Filed

In order to object to, or “contest,” the eviction hearing, tenants being evicted for nonpayment of rent must file an affidavit with the court within seven business days
[10]
of the date they received the Notice to Pay.

For evictions due to lease violations, tenants must file their affidavit with the court within five business days
[11]
of the date they received the Notice to Comply.

For all other eviction types, the tenant must file an affidavit within the timeframe specified in the notice. For example, tenants given a 3-Day Notice to Quit due to illegal activity would only have three business days to file their affidavit with the court, while tenants given a 30-Day Notice to Quit would have 30 days.

The affidavit is the tenant’s chance to explain to the court why they should not be evicted.

If tenants fail to file an affidavit within the correct timeframe, based on the type of eviction notice received, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.

Step 4: Court Holds Hearing & Issues Judgment

An eviction hearing will only be scheduled if tenants file their affidavit with the court prior to the deadline given on the Notice to Quit, Notice to Pay or Notice to Comply that they received.

Nevada law doesn’t state how quickly the eviction hearing must be held, but it could be as early as seven days after the tenant’s affidavit is filed with the court.

If the tenant fails to appear for the hearing or fails to file an affidavit within the required time period, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.

Either the landlord or tenant may request a five day
[12]
continuance, and tenants may be granted a continuance of up to 30 days
[12]
if it’s necessary to obtain witnesses on the tenant’s behalf.

If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, an order for removal will be issued and the eviction process will continue.

Tenants have 10 days
[13]
to appeal the ruling in favor of the landlord.

Step 5: Order for Removal Is Issued

The order for removal is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before they are forcibly removed.

For all evictions except those for nonpayment of rent, the order for removal may be issued immediately
[14]
after the ruling in favor of the landlord.

For nonpayment of rent evictions, the order will not be issued until five business days
[14]
after the ruling in favor of the landlord. This gives the tenant additional time to pay past-due rent and any other court-ordered amounts to avoid eviction. If the full amount owed is not paid within five business days, the eviction process will continue.

Step 6: Possession of Property is Returned

For evictions due to nonpayment of rent, the sheriff must post the order for removal on the rental premises door within 24 hours
[15]
of receiving it from the court. The tenant will then have at least 24 hours, but no more than 36 hours, to move out before the sheriff returns to forcibly remove them from the rental unit.

Nevada state law doesn’t specify how much time tenants will have to move out for other eviction types, but tenants should be prepared to move out immediately, just in case.

Nevada Eviction Process Timeline

In Nevada, an eviction can be completed in 1 to 6 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Nevada eviction process outside the control of landlords for cases that go uncontested.

Flowchart of Nevada Eviction Process

For additional questions about the eviction process in Nevada, please refer to the official legislation, Nevada Revised Statutes §118A, §§40.215 to 40.425, and the Nevada Rules of Civil Procedure, Rules 4 and 4.2, for more information.