Nevada

Eviction Process

Timeline. Evicting a tenant in Nevada can take around 1-6 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).

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.

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/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 7 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.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Nevada if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

Nevada landlords must provide tenants with a 5-Day Notice to Comply, giving the tenant 5 days to correct the issue or move out of the rental unit.

Typical lease violations under this category could include things like 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/remains on the property after the notice period expires, the landlord may proceed with the eviction process.

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.
• 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.
• 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.

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

Eviction Process for Illegal Activity

Tenants who are involved in illegal activity must be given 3 days’ notice before the landlord can proceed with an eviction action.

In Nevada, illegal activity includes :

• Setting up/running an unlawful business
• Illegal possession/use/distribution/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.

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). 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
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 7 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 5 business days of the date they received the Notice to Comply.

For all other eviction types, the tenant must file an affidavit within the time period specified in the notice. For example, tenants given a 3-Day Notice to Quit due to illegal activity would only have 3 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 time period, 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 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/Pay/Comply that they received.

Nevada law doesn’t state how quickly the eviction hearing must be held, but it could be as soon as 7 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 5-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.

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 5 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 in order to avoid eviction. If the full amount owed is not paid within 5 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 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.

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 5 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.

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.