Nevada Eviction Process

Last Updated: October 28, 2021 by Elizabeth Souza

Timeline. 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 (read more).

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Introduction. In Nevada, landlords may evict tenants for legal reasons. It is unlawful for landlords to evict tenants without legal cause. Below are the individual steps of the eviction process in Nevada.

Step 1: Notice is Posted

Landlords in Nevada can begin the eviction process for several reasons, including:

  1. Nonpayment of Rent – Once rent is past due, notice must be served giving the tenant the option to pay rent in order to avoid eviction.
  2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
  3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
  4. Illegal Activity – If a tenant is engaged in illegal activity, they must be given written notice before the landlord can proceed with an eviction.
NOTES
  • Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
  • Evicting a Squatter. If the individual occupying the property didn’t have the landlord’s permission when initially moving in, doesn’t have a lease/verbal agreement, and has no history of paying rent, then landlords are required to give a 4-Day Notice to Surrender to the occupant before they can be removed from the property (read more).
  • Mobile Home Evictions. There are separate notices and processes for manufactured homes and non-manufactured homes.

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Nevada law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease or rental agreement.

Once rent is past due, the landlord must provide tenants with a 7-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within seven days in order to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

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Eviction Process for Violation of Lease Terms / Rental Agreement

Icons  document     on iPropertyManagement.com A tenant can be evicted in Nevada if they do not uphold their responsibilities under the terms of a written lease or rental agreement.

Nevada landlords must provide tenants with a 5-Day Notice to Comply, giving the tenant five days to correct the issue or move out of the rental unit. If tenants do not fix or “cure” the violation, a second five-day Notice to Quit for Unlawful Detainer shall be given to the tenant.

Typical lease violations under this category could include subletting the rental unit without the landlord’s knowledge, damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Note that illegal activity is not included in this category.

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.

Generate an official Nevada eviction notice for noncompliance with lease.


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Eviction Process for No Lease / End of Lease

In the state of Nevada, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.

  • At-Will Tenants – For at-will tenants, regardless of length of tenancy, the landlord must provide tenants with a 5-Day Notice to Quit. After the first notice period has elapsed, a second 5-Day Notice to Quit for Unlawful Detainer shall be given to the tenant if they remain on the property.
  • Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit. After the first notice period has elapsed, a second 5-Day Notice to Quit for Unlawful Detainer shall be given to the tenant if they remain on the property.
  • Any Other Periodic Tenancy – If rent is paid in any time period other than weekly, tenants must be given a 30-Day Notice to Quit. After the first notice period has elapsed, a second 5-Day Notice to Quit for Unlawful Detainer shall be given to the tenant if they remain on the property.

Note, a tenant who is 60 years old or older, or has a mental or physical disability may request an additional 30 days in the rental unit by written notice to the landlord and provides the landlord with proper documentation (i.e. drivers license or social security award letter). The tenant will still be obligated to pay rent on time.

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

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Eviction Process for Illegal Activity

Tenants who are involved in illegal activity must be given three days’ followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) before the landlord can proceed with an eviction action.

In Nevada, illegal activity includes:

  • Setting up or running an unlawful business.
  • Committing waste on the rental property.
  • Committing a nuisance on the rental property.
  • Illegal possession, use, distribution or manufacture of a controlled substance.
  • Criminal gang activity

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

Generate an official Nevada lease termination letter.


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Step 2: Complaint is Filed and Served

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, prior to the eviction hearing, through one of the following methods:

  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.

Clock   on iPropertyManagement.com A few days, depending on the service method chosen.

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 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 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.

Clock   on iPropertyManagement.com3-30 days. Tenants must file their affidavit with the court within 3-30 days of the date the eviction notice was received, depending on the reason for the eviction.

Step 4: Court Hearing and 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 continuance, and tenants may be granted a continuance of up to 30 days 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 to appeal the ruling in favor of the landlord.

Clock   on iPropertyManagement.comA few days to a few weeks, depending on the court location.

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 after the ruling in favor of the landlord.

For nonpayment of rent evictions, the order will not be issued until five business days 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.

Clock   on iPropertyManagement.comImmediately to five business days, depending on the reason for the eviction.

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 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.

Clock   on iPropertyManagement.com24-36 hours for evictions due to nonpayment of rent.

Nevada Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Nevada. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

  1. Initial Notice Period –Between 3 and 30 days, depending on the notice type and reason for eviction.
  2. Issuance/Service of Summons and Complaint – A few days.
  3. Affidavit is Filed – 3-30 days, depending on the reason for the eviction.
  4. Court Hearing and Ruling on the Eviction – A few days to a few weeks, depending on the court location.
  5. Issuance of Warrant for Removal – Immediately to five days after the ruling in favor of the landlord is issued, depending on the reason for the eviction.
  6. Return of Possession – 24-36 hours after the order for removal is posted for nonpayment of rent evictions.
Questions? To chat with a Nevada eviction attorney, Click here

Additional Information

Procedure for Disposal of Personal Property Abandoned or Left on Premises. If the tenant is locked out of the rental unit and needs essential personal items, a tenant shall file a motion within five days of the eviction. A hearing is set within five days of filing the motion and a constable will serve the notice of hearing to the landlord.

If a tenant left personal property at the rental unit, it is considered abandoned after the landlord has stored the items for 30 days after the eviction. A 14-Day Notice shall be mailed to the tenant notifying them that their items will be disposed of if it is not claimed within the timeframe.

The landlord may charge the tenant a storage and moving fee before releasing the personal property to the former tenant. After the 30-day period, the landlord may dispose the tenant’s personal property.

Flowchart of Nevada Eviction Process

Nevada Eviction Process Flowchart on iPropertyManagement.com

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.

Sources