A reference of Nevada Eviction Laws, and steps of the Nevada eviction process for landlords and renters, updated 2021.
- What are the reasons for eviction under Nevada eviction laws?
- Nonpayment of rent (Nev. Rev. Stat. § 40.2512)
- Non-compliance with the lease agreement (Nev. Rev. Stat. § 40.2516)
- Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (Nev. Rev. Stat. § 40.521)
- What notice do Nevada eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord must provide a 7-day notice. If the tenant pays rent due within this time period, the tenant is not evicted. (Nev. Rev. Stat. § 40.2512)
- For evictions based on the tenant’s non-compliance of the lease agreement, the landlord must provide a 5-day notice. (Nev. Rev. Stat. § 40.2516)
- A landlord can terminate a week-to-week tenancy by giving a 7-day notice. A landlord can terminate a month-to-month tenancy by giving a 30-day notice. (Nev. Rev. Stat. § 40.521)
- Do Nevada eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
- No. Nevada law prohibits self-help measures, including excluding a tenant from the rental unit, blocking their entry onto the premises, or interrupting essential services to the rental unit. If the tenant takes action against the landlord for violating this law, the tenant can recover their actual damages and up to $2,500. (Nev. Rev. Stat. § 118A.390).
Nevada Eviction Process: Step-by-Step
There are two basic eviction processes in Nevada. The first and most common is called a summary eviction process. The formal eviction process allows the landlord to seek money damages in addition to eviction.
The steps to carry out either eviction process in Nevada involves these steps:
- The landlord serves the eviction notice. The landlord must serve the applicable eviction notice on the tenant.
- The landlord files an eviction lawsuit. The landlord begins the formal eviction process in Nevada by preparing and filing the necessary legal documents, most of which can be found on the Nevada Court’s website and include:
- A Complaint for Summary Eviction
- Landlord’s Statement for Summary Eviction
- Summons
- Eviction notices served on the tenant
- A copy of the lease
These legal documents must generally be personally served on the tenant by the constable, sheriff, or private process server. If the tenant cannot be located, the documents can be left with a person of “suitable age” at the residence. If that is not possible, the documents can be posted in a conspicuous place on the rental property, delivered to someone at the rental unit, and mailed to the tenant at the rental property address.
The landlord must ensure that they provide an affidavit of service to the court to show compliance with these laws. (Nev. Rev. Stat. § 40.280).
- The tenant answers the complaint. A tenant can answer the complaint to defend against the lawsuit. The tenant files a Tenant’s Affidavit when an eviction is due to non-payment of rent in private housing.
- Parties attend the hearing, if necessary. If the tenant responds to the complaint, the landlord will need to attend a hearing. A notice is mailed to both parties that says the date and time of the hearing. The parties present their side at the hearing. If the court rules in the landlord’s favor, the landlord can request a writ of restitution, which gives law enforcement the legal right to remove the tenant.
- The landlord enforces the judgment. In the final step of the Nevada eviction process, the landlord can provide the court’s order to the constable who can physically remove the tenant.