Nevada Eviction Laws

Evictions in Nevada can seem complicated, but Nevada’s eviction laws have sought to bring as much fairness and clarity to the process as possible. Nevada has two types of evictions: summary and formal, though summary evictions tend to be quicker and more common.

Regardless of the specific eviction type landlords pursue, the process from start to finish involves providing notice to the tenant outlining the reason for the eviction, filing with the court if the lease violation isn’t cured, and attending a court hearing to regain possession of the property.

In this guide, we’ll review the eviction process Nevada landlords are expected to follow, how Nevada eviction laws have shaped the process, and what landlords and tenants can expect to encounter.

Key Takeaways

• Typical reasons for eviction are non-payment of rent, lease violations, or illegal activity.
• Landlords must serve notices correctly and legally to be considered by the court. Additionally, correct notice procedures help avoid miscommunication or confusion during the eviction process.
• TurboTenant is property management software that tracks leases, manages landlord-tenant communication, and stores relevant documents and materials in case of eviction proceedings.

Valid Grounds for Eviction: Understanding Landlord Rights

Several valid, legal reasons allow a landlord to evict a tenant, and all of them must be accompanied by proper notice — the length of which depends on the specific reason.

The legal reasons for eviction in Nevada are:

• Non-payment of rent: The landlord can consider the rent overdue the day after the due date listed in the lease. They can then issue a notice to pay rent or quit. If the tenant pays rent weekly, the landlord must give a 4-day notice to pay rent or leave the property. If the tenant pays monthly or longer, the landlord must provide a 7-day notice to pay rent or quit.
• Lease violation: If a tenant violates a term outlined in the signed lease agreement, the landlord can serve the tenant a 5-day notice to cure or quit. This notice allows the tenant 5 days to fix the violation or leave the property. Some common lease violations are:

• • Keeping pets on the property against the terms of the lease
  • Excessive noise on the property
  • Causing damage to the property beyond normal wear and tear
  • Unauthorized subletting

• Illegal activity: Landlords do not need to give a tenant a chance to cure a violation for illegal activity. Instead, landlords should provide a 3-day nuisance notice that describes the violation and asks the tenant to vacate the property. The nuisance notice should be followed by a 5-day notice to quit for unlawful detainer, which informs the tenant that continued possession of the property is illegal.
• Holdover tenancy: If a tenant remains on the property after the lease agreement expires, they’re considered a holdover tenant. Many leases indicate that tenants will automatically transition into month-to-month tenancy when the original lease term expires, but Nevada landlords can end the agreement and force the tenant to vacate by using a 30-day eviction notice.

Initiating the Eviction Process: Filing a Complaint

Once a landlord has identified the cause for eviction, proper notice must be provided to the tenant on a schedule outlined by Nevada eviction laws.

• 7-day notice to pay or quit for non-payment of rent
• 5-day notice to cure or quit for lease violations
• 3-day nuisance notice for illegal activity
• 30-day eviction notice for month-to-month tenants

If the tenant fails to respond to the notice or cure the violation, landlords can then proceed to file a complaint with the court. In Nevada, the Justice Court or the District Court will hear the case, depending on the amount of money the tenant owes.

• The Justice Court will handle eviction lawsuits involving $15,000 or less in total claims, including unpaid rent, damages, and other fees.
• Landlords should file eviction lawsuits in the Nevada District Court for cases involving over $15,000 in unpaid rent, damages, and fees.

Nevada law states that tenants can file a motion to stay eviction, which gives them up to 10 additional days to prepare their response to the complaint.

The Correct Way to Serve Eviction Notices

It’s critical that landlords serve notice to tenants properly, or they risk delaying or invalidating the eviction process. Before landlords file the complaint with the court, the landlord can provide notices directly to the tenant, and the authorities do not need to be involved.

Essentially, landlords can hand a notice to quit or cure a lease violation directly to the tenant or another person who resides on the property (like a roommate or family member) or mailed to the tenant.

It’s a good idea to serve the notice in a way that provides proof of delivery (like Certified Mail) to ensure there’s no question that the process has been followed correctly if the matter goes before a judge. A solid paper trail makes a landlord’s life easier in eviction cases.

Once the landlord files the complaint with the court, the tenant will be served the summons and complaint by a neutral third party — like a process server or sheriff — and ideally, they will be delivered in person. The process server must provide proof of service to the court by filing an affidavit that outlines how and when they served the summons and complaint.

After serving the summons and complaint, the tenant will have 5 judicial days (excluding weekends and holidays) to file their response with the court. If the tenant does not respond, the landlord can request a default judgment in their favor. The court will schedule a hearing if the tenant contests the eviction notice.

Securing a Judgment for Possession

As outlined above, the tenant will have 5 days to respond to or dispute the eviction complaint, which will trigger a hearing. The tenant could dispute the complaint for several reasons, like claiming they paid the rent or alleging landlord harassment. Typically, the court will hold the hearing within 7-10 days of the tenant filing their answer.

At this point, landlords should take steps to prepare for the court hearing by gathering all related documentation and evidence to support the eviction claim. Evidence could include the lease agreement, proof that the eviction notice was served, photos or videos documenting any lease violations, and records of communication between landlord and tenant.

During the hearing, the landlord and tenant present their arguments and supporting evidence, which the judge reviews and evaluates. Then, the judge will either find in favor of the landlord and issue a summary eviction order or deny the eviction in favor of the tenant.

Undisputed eviction claims could take 2-4 weeks from the start of the process until the tenant is removed. Disputed claims could take 4-6 weeks from the start of the process until the landlord can regain possession of the property.

Taking Back Your Property: Post-Judgement Procedures

After the court rules in favor of the landlord, the court will issue a Writ of Possession, usually within 24 hours after judgment, which authorizes local law enforcement to remove the tenant from the property if they don’t vacate on their own. It’s important that landlords don’t attempt to remove the tenant from the property themselves, even after receiving a favorable judgment from the court, as self-help evictions are illegal. If landlords attempt a self-help eviction, it can cause delays in the legal eviction process.

Local law enforcement will serve the writ to the tenant, which is a final notice to vacate. In most cases, tenants have 24-48 hours to vacate the property on their own. Once served with a 24-hour eviction notice, Nevada tenants are also expected to remove all personal belongings at this time.

If the tenant still refuses to leave, law enforcement will physically remove them from the property, often in the presence of witnesses, to ensure they follow the proper procedures.

After removing the tenant and their belongings, landlords should secure the property by changing the locks and taking any other necessary steps. Landlords must also give tenants time to collect personal belongings (at least 30 days in most cases) once the tenant has left the property.

Eviction Process Timeline for Nevada Landlords

While each eviction case is unique, and the timeline can vary, the process from start to finish generally looks like this:

• Serve the eviction notice (5-30 days, depending on the specific violation and notice given)
• File the eviction complaint (1-3 days)
• Serve the summons and complaint to the tenant (5-7 days for delivery of the notice and the tenant’s time to respond)
• Court hearing (7-10 days after the tenant provides their response)
• Receive Writ of Possession (~1 day after the court ruling)
• Serving the Writ of Possession, which could include physical eviction (1-3 days)
• Fully regaining possession of the property and removing belongings (1-30 days to allow for changing locks and holding the tenant’s property until it’s collected or the 30-day window has expired)

From start to finish, the eviction process can take anywhere from 4-8 weeks, depending on the specific course the process takes.

Evidence Management: Best Practices for Landlords

Landlords must understand Nevada eviction laws and follow them closely when attempting to evict a tenant. This includes gathering and recording proper evidence, which the law requires. It’s also good practice for presenting a clear and concise case to the eviction court.

1. Document every step of the process. It is crucial to keep detailed notes and copies of communication delivered and to note the dates the communications were sent.
2. Use Certified Mail to deliver notices. Certified Mail allows for a paper trail in the form of a Certified Mail receipt and proof of delivery.
3. Take photos or videos where applicable. Documenting lease violations with physical evidence can help a landlord’s case quite a bit, especially if the tenant is contesting the eviction.
4. Use property management software to help with record keeping and lease tracking. Software that keeps all relevant documents and information about your tenants in one place makes it easy to pull data together for the hearing. Software like TurboTenant can track and store lease agreements, manage client communication, and help track maintenance and repairs with photos and notes.

How TurboTenant Can Help with the Eviction Process

TurboTenant is a fully featured, best-of-breed property management platform that streamlines the day-to-day operations of property management from property listing to tenant move-outs.

TurboTenant offers online lease agreements, repair and maintenance tracking, tenant-landlord communication tools, and the ability to run a detailed tenant screening report to ensure you find the most qualified tenants for your units.

While TurboTenant doesn’t assist with evictions directly, we partner with EZ Evict USA, which can help manage the process alongside you to ease stress, manage the cost of eviction, and ensure compliance with the law every step of the way.

Sign up today for a free account and let TurboTenant work for you.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Nevada Eviction Laws FAQ