Nevada lockout law: the five-day filing window, the three-day hearing and the $2,500 award in NRS 118A.390
Nevada built a fast court path for tenants who are locked out or cut off. Under NRS 118A.390 a tenant can file a verified complaint for expedited relief within 5 judicial days of the unlawful act, and the court must hold a hearing within 3 judicial days after the filing. The tenant may recover actual damages, an amount up to $2,500 fixed by the court, or both.
What conduct triggers NRS 118A.390?
Subsection 1 applies 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 words "causes or permits" matter: a manager who lets a utility lapse is covered, not only one who throws the switch.
What can the tenant do?
- Recover immediate possession through a verified complaint for expedited relief (subsection 4).
- Proceed under NRS 118A.380 or terminate the rental agreement.
- Recover actual damages, an amount not greater than $2,500 fixed by the court, or both.
- On termination, get back prepaid rent and any recoverable security deposit (subsection 3).
In setting the amount, the court considers whether the landlord acted in good faith, the course of conduct between landlord and tenant, and the degree of harm (subsection 2). The hearing can restore the premises or services, award damages, or enjoin the landlord, and a violation can end in contempt of court (subsection 6).
Example a made-up Las Vegas tenant is locked out on Monday, May 3. The verified complaint is due within 5 judicial days, by Monday, May 10, or it is dismissed (the tenant keeps other remedies). Filed May 4, the hearing must take place within 3 judicial days, by Friday, May 7. If the court finds a violation and fixes $1,200 on top of $800 actual damages, the landlord owes the sum the court awards. Check the court holiday calendar before counting judicial days.
Who pays court costs?
Subsection 7 defers all costs and official fees for a tenant who files the verified complaint. After the hearing and not later than final disposition, the court assesses costs and fees against the party that does not prevail, though it may reduce or waive them as justice requires. A landlord who loses a lockout case should expect to pay those costs.
What is the lawful path?
NRS 118A.390 points to NRS 118A.480 for lawful recovery of possession after a proper court process, and NRS 118A.450 and 118A.460 for abandoned units and property: a presumption of abandonment after absence equal to one-half the periodic rental period, and safe storage of property for 30 days. Use the notice and court steps for nonpayment instead of improvising, and write down who in your office is allowed to touch a lock or a utility account: in Nevada the statute reaches a landlord who merely permits an interruption. The safe rule in every state is the same: the only lawful way to take back a unit from a tenant who will not leave is the court process, carried out by the officer the court names.
How DoorKeeping helps in Nevada
DoorKeeping keeps each lease, notice and court date in one place, so you can ask Claude or ChatGPT where a tenant stands before anyone touches a lock or a utility. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
Questions
- How fast must a locked-out Nevada tenant file?
- Within 5 judicial days after the unlawful act, or the verified complaint for expedited relief is dismissed (NRS 118A.390(5)).
- How much can a Nevada court award for an illegal lockout?
- Actual damages, an amount not greater than $2,500 fixed by the court, or both (NRS 118A.390(1)).
- When is the Nevada hearing?
- Not later than 3 judicial days after the verified complaint is filed (NRS 118A.390(6)).