Nevada holdover tenants: a fixed term ends with no notice, a periodic tenancy needs 30 days
Nevada draws a sharp line between a fixed term and a periodic tenancy. Under NRS 40.250, when real property is leased for a specified term, "the tenancy terminates without notice at the expiration of the specified term," and a tenant who stays is guilty of unlawful detainer. For a periodic tenancy, NRS 40.251 requires the expiration of a notice of 7 days for week-to-week and at least 30 days for other periodic tenancies.
A fixed term that has ended
NRS 40.250: a tenant of real property for a term less than life "is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to the tenant. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy terminates without notice at the expiration of the specified term or period."
That is the simplest rule in this series: you do not need a notice to end a term lease that has run out. But you do still need the court process to remove the tenant. Nevada's expedited self-help penalties apply to a landlord who locks out or cuts services, so the end of the term is a reason to file, not to improvise.
A month-to-month or other periodic tenancy
NRS 40.251(1)(a) applies to real property leased "for an indefinite time, with monthly or other periodic rent reserved," where the tenant stays without the landlord's consent after the expiration of a notice of at least 7 days for week-to-week, at least 30 days for all other periodic tenancies, or at least 5 days for tenancies at will. Paragraph (b) restates this for a dwelling unit under chapter 118A: the tenant continues in possession without consent after the expiration of the term of the rental agreement or its termination and, for periodic tenancies, the notice periods, or a 5-day notice where the tenant has failed to perform basic or contractual obligations.
Example a made-up Reno owner serves a notice ending a month-to-month tenancy on Monday, May 3. Thirty days later is Wednesday, June 2. A tenant still in possession after the notice expires, without consent, is in unlawful detainer under NRS 40.251. Serve notices as NRS 40.280 requires, by the sheriff, a constable, a licensed process server or an attorney's agent.
Are there extensions to plan for?
The title of NRS 40.251 itself warns that an older person or a person with a disability can be entitled to an extension of the period of possession on request, and that a federal worker, tribal worker, state worker or household member of one may request an extension. If a tenant makes such a request, read the section's current text and your court's procedure before you file, because the deadline may move.
What about rent collected after the term?
The sections read for this post set no statutory double rent or holdover rate for Nevada residential tenants, so what you charge for the days after the term comes from your lease. If the lease has a holdover rate, keep the rate reasonable and written. If it does not, you are limited to the rent you can prove, so keep the ledger clean and avoid accepting rent in a way that reads as a new agreement. One habit protects you in every state: decide before the lease ends whether the tenant is staying, leaving or moving to month-to-month, put that decision in writing, and be careful about what you do with rent that arrives after the end date.
How DoorKeeping helps in Nevada
DoorKeeping keeps each lease's end date, renewal offer and ledger together, so you can ask Claude or ChatGPT which leases ended last week and who is still living in the unit. 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
- Does a Nevada landlord need a notice when a fixed term ends?
- No. Under NRS 40.250 the tenancy terminates without notice at the expiration of the specified term, and a tenant who stays is guilty of unlawful detainer.
- How much notice for a Nevada month-to-month tenancy?
- At least 30 days for periodic tenancies other than week-to-week, which need at least 7 days (NRS 40.251).
- Is there a Nevada statute for double rent after a lease?
- Not in the sections read for this post. Holdover rent comes from the lease.