How to evict a tenant in Nevada: steps and timeline
For a Nevada dwelling rented by the month, you serve a written notice to pay or surrender before the close of business on the seventh judicial day after service. If the tenant does not comply, you file an affidavit for eviction, and the court may order the sheriff or constable to post an order and remove the tenant 24 to 36 hours after posting. A tenant who files an affidavit denying default gets a hearing first.
What notice does Nevada require for unpaid rent?
NRS 40.253 covers a dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or a shorter period. The landlord or agent serves a written notice requiring, in the alternative, payment of the rent or surrender of the premises before the close of business on the seventh judicial day following the day of service. Count judicial days, not calendar days. For a weekly tenancy that has lasted no more than 45 days, the deadline can instead be noon of the fourth full day.
The notice must identify the court that has jurisdiction. It must tell the tenant that they can contest the matter by filing, within the time to pay or leave, an affidavit with the court saying they tendered payment or are not in default. It must also say what the court may order if the tenant is found guilty of unlawful detainer, and point to the tenant's remedies under NRS 118A.390 if a landlord unlawfully removes or excludes them.
How do you serve it?
NRS 40.280 allows service by the sheriff, a constable, a licensed process server or an attorney's agent, either by delivering a copy to the tenant personally, by leaving a copy with a person of suitable age and discretion and mailing a copy, or, if neither is possible, by posting a copy conspicuously, delivering a copy to a resident if one can be found, and mailing a copy. In the monthly-rent procedure of NRS 40.253, the day of service is the day you or your agent personally deliver the notice. If you cannot deliver it personally, it is the day the posted and mailed notice goes to the sheriff or constable for service, as the statute describes. Proof of service must be filed with the court before an order for removal issues.
What happens if the tenant does not comply?
You apply by affidavit of complaint for eviction to the justice court of the township or the district court of the county. The affidavit gives the tenancy start date, the rent, deposits above the first month's rent, when the rent became delinquent, the amount claimed, a statement that the notice was served under NRS 40.280, and copies of the notice and lease. The court may order the sheriff or constable to post the order within 24 hours of receiving it, and the officer removes the tenant not earlier than 24 hours and not later than 36 hours after posting.
If the tenant timely files the affidavit and you file yours, the court holds a hearing on the truth and sufficiency of the affidavits and notice. If there is no legal defense, the court may issue a summary order for removal. If there is a legal defense, it grants neither side relief and the case continues as a regular unlawful detainer under NRS 40.290 to 40.420. If the tenant files the affidavit on time and you get a file-stamped copy, you may not lock the tenant out.
What about other lease violations?
For a failure to perform a lease condition other than rent, NRS 40.2516 requires a written notice to perform or surrender, and the violation must remain uncured for 5 days after service. The tenant can fix it within those 5 days and save the lease. NRS 40.2514 uses a 3-day notice to surrender for subletting contrary to the lease, waste, an unlawful business, certain nuisances and violations of listed controlled substance laws.
Which mistakes cost a Nevada landlord time?
- Counting calendar days instead of judicial days for the seven-day deadline.
- Leaving the court name or the tenant's right to file an affidavit out of the notice (NRS 40.253).
- Asking for a removal order before proof of service is on file with the court (NRS 40.280).
- Ignoring the tenant's side after removal. Within 20 days of the order, or of the tenant leaving or being removed, a tenant can file a motion disputing the inventory, moving and storage costs you charged. The court holds a hearing within 10 days of the motion (NRS 40.253).
What can a Nevada landlord never do?
Under NRS 118A.390, a tenant who is unlawfully removed, blocked from entering, or cut off from an essential item or service can recover immediate possession or end the rental agreement, and recover actual damages and an amount of up to $2,500 set by the court. NRS 40.253 itself allows a peaceable lockout only after noncompliance with the notice and only when the tenant has not timely filed the affidavit. Ask a local attorney before you rely on that, and never use force.
How DoorKeeping handles it
DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
Questions
- How long is the pay or surrender notice in Nevada?
- Before the close of business on the seventh judicial day after service for a monthly dwelling tenancy (NRS 40.253). Weekly tenancies of no more than 45 days can use noon of the fourth full day.
- How fast can a Nevada tenant be removed after the court order?
- The officer posts the order within 24 hours of receiving it and removes the tenant not earlier than 24 hours nor later than 36 hours after posting (NRS 40.253).
- Can a tenant stop a Nevada summary eviction?
- The tenant can file an affidavit with the court, within the notice period, saying they tendered payment or are not in default. The court then holds a hearing before any removal order.