Nevada Eviction Process & Laws | Free NV Eviction Notices

The Nevada eviction process, also known as a 'summary eviction', is a legal route that is used by the landlord when their tenant is not responding to a notice to comply (pay) or vacate. The process differs depending upon if the eviction is for late rent or not (use Chart for NonPayment or Chart for All Other Notices). The landlord should then file the Complaint/Petition that is applicable in their County Court Location and follow the Instructions for the court system. The tenant may use This Guide as a way of helping to understand and file the Answer form on their account.

NonPayment Laws - 5 days NRS 40.2512

NonCompliance Laws - 5 days NRS 40.2516

Month to Month Laws - 30 days NRS 40.251

Summary Eviction Laws - NRS 40.215 to 40.425

Types of Notice

Nevada 30 Day Notice to Terminate | Month to Month Tenancy

The Nevada thirty (30) day notice to terminate, in accordance with NRS 40.251, is a document that informs a tenant or landlord in a month to month arrangement that the tenancy will end. The minimum amount of notice to be given, by the landlord or tenant, is thirty (30) days. If the…

Nevada 5 Day Notice to Comply or Quit | NonCompliance

The Nevada five (5) day notice to comply or quit, in regards to NRS 40.2516, is served to tenants when they have committed some form of lease/rental agreement violation. The notice informs the tenant that they have five (5) business days to rectify the violation(s), or move out of the rental unit….

Nevada 5 Day Notice to Pay or Quit | NonPayment of Rent

The Nevada five (5) day notice to quit, subject to NRS 40.2512, is required to be served to a tenant that has not paid rent. The notice provides the tenant with five (5) days to either pay the past due amount, or vacate the rental unit. The tenant must comply with the…

Process How to Evict a Tenant

The eviction process starts with a notice being served to the tenant. The notice informs the tenant of the landlord’s intention of terminating the lease/rental agreement, as well as states specific demands that the tenant must comply with (else face an eviction lawsuit).

Step 1 – The landlord must serve the tenant with the proper type of notice. In Nevada, there are three main types of notices that can be served to a tenant; a 30 day lease termination notice, a five (5) day notice to quit/pay, and a five (5) day notice to comply or quit. The 30 day termination letter can only be used for month-to-month tenancies. The five (5) day notice to pay/quit is used when a tenant has failed to pay rent. The five (5) day notice to cure is served when a tenant has committed a “curable” (i.e. fixable) lease violation.

Step 2 – Most townships/counties require that the notice be served personally (with a witness), through the mail, or posted on the property (and then a second copy sent through the mail). Proof of mailing is required. If the tenant is served personally and does not sign the notice form, the landlord must also send a copy through certified mail. After serving the notice to the tenant, the landlord should fill out an “Affidavit of Service” form.

Step 3 – After the first notice period has expired, the landlord must serve the tenant with a five (5) day notice to quit for unlawful detainer.

Note: The tenant can file an “Affidavit of Tenant.” If the tenant files the affidavit, the eviction will go before a judge who will then make a ruling on the case.

Step 4 – If the tenant fails to comply with the demands of the notice(s) within the given time period, the landlord can terminate the rental agreement and then file an eviction action (aka “summary eviction complaint”) in the Justice Court of the county/township where the rental property is located. Copies of the eviction notices, the affidavit of service, and the rental/lease agreement are required during the filing process.

Step 5 – The court will rule in favor of the landlord (issuing an “order for summary possession”) or the tenant (dismissing the complaint). If the order for summary possession is issued, the landlord must give it to the Constable/Sheriff and arrange for them to evict the tenant.