Evicting a tenant in Nevada can take around 1 to 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.
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 the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent
Tenancy of 45 Days or Less Daily or Weekly Tenants |
4 Days | Yes |
| Nonpayment of Rent
All Other Tenancies |
7 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 5 Days | Yes |
| Illegal Activity | 3 Days | No |
| Unlawful Detainer | 5 Days | No |
Nonpayment of Rent
In Nevada, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must request a sheriff, constable, process server or special agent for an attorney to first serve the tenant proper notice. The notice gives the tenant a chance to pay the balance due or move out.
Tenants that pay rent weekly or more frequently (i.e. daily) with a tenancy of 45 days or less are given a 4 days’ notice to quit.
For all other tenancies, including tenants that pay rent month-to-month, receive a 7 days’ notice to quit.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Nevada the day immediately after its due date. Nevada landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on May 1st, it will be considered late starting on May 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In Nevada, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”).
To do so, the landlord must request a sheriff, constable, process server or special agent for an attorney to first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
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. To do so, the landlord must request a sheriff, constable, process server or special agent for an attorney to first serve the tenant a 5 days’ notice to comply or vacate.
This notice gives the tenant a chance to fix the issue or move out within the 5-day period.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Allowing unauthorized occupants or pets to reside on the premises
- Interfering with the peace and enjoyment of other persons
- Refusing to allow the landlord access to the rental unit
- Causing minor property damage
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Nevada, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must request a sheriff, constable, process server or special agent for an attorney to first serve the tenant a 3 days’ notice to vacate.
The tenant does not have a chance to correct the violation and must move out within the 3-day period.
In Nevada, illegal activity includes:
- Causing substantial destruction of the premises
- Committing a nuisance
- Manufacturing, distributing, possessing or using a controlled substance
- Operating an unlawful business on the premises
- Assigning the lease or subletting the rental unit without the landlord’s knowledge or consent
- Engaging in criminal gang activity
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Unlawful Detainer
In Nevada, a landlord can evict a tenant for failing to comply or vacate after receiving the proper eviction notice. To do so, the landlord must request a sheriff, constable, process server or special agent for an attorney to first serve the tenant a 5 days’ notice to vacate.
The tenant does not have the option to fix the issue and must move out within the 5-day period. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
This eviction form is for landlords pursuing a summary process eviction, which is only for possession of the premises. If the landlord is also seeking damages (money judgment), a separate legal action must be filed at the courthouse.
Illegal Evictions in Nevada
In Nevada, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Maryland landlord-tenant law. If found liable, the landlord could be required to pay the tenant actual damages sustained, or an amount not greater than $2,500, or both.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a health or safety issue to the landlord or any authority tasked to enforce the law
- Filing a lawsuit against the landlord for habitability issues
- Joining a tenant’s union or organization
All evictions in Nevada follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved violations
- Affidavit is filed
- Court holds hearing and issues judgment
- Order for removal is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Nevada by requesting a sheriff, constable, process server or agent for an attorney to serve the tenant with written notice. The notice must be delivered using any of the following methods:
- Handing the notice to the tenant in person
- Handing the notice to a person of suitable age and discretion AND mailing the notice by overnight mail
- Posting the notice in a conspicuous place at the premises AND mailing the notice by overnight mail
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
4-Day Notice to Quit
In Nevada, if a tenant who pays rent by the week or more often (i.e. daily), is late on paying rent (full or partial) and has a tenancy of 45 days or less, the sheriff, constable, process server or special agent for an attorney can serve them a 4-Day Notice to Quit.
This eviction notice gives the tenant 4 days to pay the balance due or move out. For all other tenancies, including tenants that pay rent from month-to-month, landlords prepare the 7-day notice to quit.
7-Day Notice to Quit
In Nevada, if a tenant is late on paying rent (full or partial), the sheriff, constable, process server or special agent for an attorney can serve them a 7-Day Notice to Quit. This eviction notice gives the tenant 7 days to pay the balance due or move out.
30-Day Notice to Vacate
For a tenant with no lease or a month-to-month lease in Nevada, the sheriff, constable, process server or special agent for an attorney can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Tenant-At-Will | 5 Days |
5-Day Notice to Comply or Vacate
In Nevada, if a tenant violates the terms of their lease or legal responsibilities, the sheriff, constable, process server or special agent for an attorney can serve them a 5-Day Notice to Comply or Vacate.
This eviction notice gives the tenant 5 days to fix the issue or move out.
3-Day Notice to Vacate
In Nevada, if a tenant commits an illegal activity, the sheriff, constable, process server or special agent for an attorney can serve them a 3-Day Notice to Vacate.
This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.
5-Day Notice to Vacate
In Nevada, if a tenant fails to comply or vacate after receiving the proper eviction notice, the sheriff, constable, process server or special agent for an attorney can serve them a 5-Day Notice to Vacate.
This eviction notice gives the tenant 5 days to move out without the chance to fix the issue.
This unlawful detainer notice is for possession of the premises only.
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, prior to the eviction hearing, through one of the following methods:
- Giving a copy to the tenant in person
- 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
To object to the eviction hearing, tenants being evicted for nonpayment of rent must file an affidavit with the court within 7 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 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.
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 Holds Hearing and 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 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 daysif 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 daysto 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 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.
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 hoursof 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.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-45 Calendar Days |
| Court Issuing/Serving Summons | ~3 Business Days |
| Affidavit Filed | 3-30 Business Days |
| Court Ruling | 3-21 Business Days |
| Court Serving Order of Removal | ~1-5 Business Days |
| Final Notice Period | 24 -36 Hours |
Flowchart of Nevada Eviction Process
Sources
- 1 NV Rev Stat §40.2512 (2019)
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1. …a tenant of real property…for a term less than life is guilty of an unlawful detainer when the tenant continues in possession…after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 7 judicial days…
- 2 NV Rev Stat §40.251 (2019)
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1.(a) … the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of: (1) For tenancies from week to week, at least 7 days; (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or (3) For tenancies at will, at least 5 days.
- 3 NV Rev Stat §118A.430 (2019)
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…If the breach is remediable and the tenant does not adequately remedy the breach or use his or her best efforts to remedy the breach within 5 days after receipt of the notice, or if the breach cannot be remedied, the landlord may terminate the rental agreement.
- 4 NV Rev Stat §40.251 (2019)
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3. Sets up or carries on…any unlawful business; 4. Suffers, permits or maintains on or about the premises any nuisance… 5. Violates any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336…and remains in possession after service upon the tenant of 3 days’ notice to surrender.
- 5 NV Rev Stat §40.140 (2019)
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(d) A building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang… is a nuisance, and the subject of an action…
- 6 NV Rev Stat § 118A.390 (2021)
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1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant s entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant s actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.
- 7 NV Rev Stat § 118A.510 (2021)
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1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;
(c) The tenant has organized or become a member of a tenant’s union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;…
- 8 NV Rules of Civil Procedure Rule 4 (2019)
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(c) (3) The summons and complaint may be served by the sheriff, or a deputy sheriff, of the county where the defendant is found or by any person who is at least 18 years old and not a party to the action.
- 9 NV Rules of Civil Procedure Rule 4.2 (2019)
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(a)(1) by delivering a copy … to the individual personally; (2) by leaving a copy … at the individual’s dwelling or usual place of abode with a person of suitable age and discretion who currently resides therein and is not an adverse party to the individual being served; or (3) by delivering a copy … to an agent authorized by appointment or by law to receive service of process.
- 10 NV Rev Stat §40.253 (2019)
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3.(b)(1) Of the tenant’s right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent…
- 11 NV Rev Stat §40.254 (2019)
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(c)(1) Contest the notice by filing before the court’s close of business on the fifth judicial day after the day of service of the notice…stating the reasons why the tenant is not guilty of an unlawful detainer; or (2) Request that the court stay the execution of the order for removal…for a period not exceeding 10 days…stating the reasons why such a stay is warranted…
- 12 NV Rev Stat §40.310 (2019)
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The court or justice of the peace may for good cause shown adjourn the trial of any cause under NRS 40.220 to 40.420, inclusive, not exceeding 5 days; and when the defendant…cannot safely proceed to trial for want of some material witness…the court or justice of the peace shall adjourn the cause for such reasonable time as may appear necessary, not exceeding 30 days.
- 13 NV Rev Stat §40.380 (2019)
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Either party may, within 10 days, appeal from the judgment rendered…
- 14 NV Rev Stat §40.360 (2019)
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3. …execution upon the judgment shall not be issued until the expiration of 5 days after the entry of the judgment, within which time the tenant…may pay into court…the amount of the judgment and costs, and thereupon the judgment shall be satisfied and the tenant be restored to the tenant’s estate…In all other cases the judgment may be enforced immediately.
- 15 NV Rev Stat §40.253 (2019)
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(2) That…the court may issue a summary order for removal directing the sheriff or constable…to post the order in a conspicuous place on the premises not later than 24 hours after the order is received…The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order…
