🏛️ Courthouse Information and Locations for Nevada
Nevada Eviction Laws: Notice Requirements, Process, and Timelines
Nevada handles evictions through Justice Court using summary eviction or formal unlawful detainer proceedings. The state requires a 7-day notice for nonpayment of rent (formerly 5 days, changed in 2023) and a 5-day notice for lease violations. Nevada has implemented significant tenant protections in recent years, including mandatory eviction mediation programs in some counties and restrictions on eviction filings. Below you’ll find the essential details every Nevada landlord needs to navigate the process correctly.
Nevada Eviction Laws
Comprehensive guide to Nevada's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice Court or District Court.
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: Two-track system - Summary Eviction (fast; most common) vs. Formal Eviction (slower; for complex cases). Summary: landlord serves 7-day notice; if tenant doesn't pay/leave tenant must file Tenant's Affidavit within 5 judicial days or landlord can get lockout order WITHOUT hearing. After lockout order sheriff removes tenant 24-36 hours later. Formal: serves summons + complaint; full trial. 'Rent' includes late fees but NOT court costs; collection fees; or attorney fees (NRS 118A.150). After serving 7-day notice landlord CANNOT refuse tenant's rent. 4-day notice for weekly tenants. Tenants 60+ or disabled get 60-day no-cause notice (instead of 30). Eviction sealing available under NRS 40.455.
📋 Lease Violation
5-day cure notice for lease violations; if not cured landlord serves 5-day Unlawful Detainer notice. 3-day notice for nuisance/waste/illegal drugs/subletting - NO cure; unconditional quit. For no-cause (month-to-month): 30-day notice; 60 days if tenant 60+ or disabled. Summary eviction available for most types. Tenant must file affidavit within 5 judicial days or loses right to hearing.
📬 Service of Process
Notice must be served by constable; sheriff; licensed process server; or attorney's agent. Cannot serve by email/text unless lease allows. Must identify the court with jurisdiction.
🏛️ Court & Legal Information
Tenant filing affidavit triggers hearing; court scheduling; formal eviction if summary denied
⚖️ Appeals & Post-Judgment
Summary: lockout order posted by sheriff/constable; removal 24-36 hours later. Landlord may then change locks in peaceable manner.
📦 Tenant Property & Abandonment
Landlord may file personal property lien; tenant can contest within 10 judicial days; landlord must store for reasonable period; can sue for actual damages + up to $1000 punitive if landlord holds property to coerce rent payment
🏦 Security Deposits
30-day return with itemized deductions. Surety bond alternative allowed if all parties agree. Penalty for wrongful withholding: actual damages plus court costs. Landlord must walk through with tenant if requested.
💵 Late Fees
Late fees are included in definition of 'rent' for eviction purposes but court costs and attorney fees are not. No mandatory grace period. Lease governs late fee amount.
🛡️ Tenant Protections
NRS 268.4159/NRS 269.040: prohibits local governments from controlling rent. No statewide rent control.
🏙️ Local Overrides & City-Specific Rules
Clark County Constable handles most Las Vegas evictions. Each justice court may have slightly different procedures. Las Vegas and Henderson have specific local eviction forms.
Underground Landlord📝 Nevada Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice Court or District Court. Pay the filing fee (~$$70-250).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Nevada
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Nevada Eviction Laws: Notice Requirements, Process, and Timelines
Nevada handles evictions through Justice Court using a summary eviction process that moves faster than most states. The state requires a 7-day notice for nonpayment of rent (7 judicial days, excluding weekends and holidays), a 5-day notice for lease violations, and a 3-day notice for nuisance or illegal activity. Nevada’s summary eviction process is unique—the tenant must file an affidavit to contest the eviction before the landlord files anything with the court. Below you’ll find everything Nevada landlords need to know to handle evictions correctly.
Nevada Eviction Laws
Comprehensive guide to Nevada's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice Court or District Court.
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: Two-track system - Summary Eviction (fast; most common) vs. Formal Eviction (slower; for complex cases). Summary: landlord serves 7-day notice; if tenant doesn't pay/leave tenant must file Tenant's Affidavit within 5 judicial days or landlord can get lockout order WITHOUT hearing. After lockout order sheriff removes tenant 24-36 hours later. Formal: serves summons + complaint; full trial. 'Rent' includes late fees but NOT court costs; collection fees; or attorney fees (NRS 118A.150). After serving 7-day notice landlord CANNOT refuse tenant's rent. 4-day notice for weekly tenants. Tenants 60+ or disabled get 60-day no-cause notice (instead of 30). Eviction sealing available under NRS 40.455.
📋 Lease Violation
5-day cure notice for lease violations; if not cured landlord serves 5-day Unlawful Detainer notice. 3-day notice for nuisance/waste/illegal drugs/subletting - NO cure; unconditional quit. For no-cause (month-to-month): 30-day notice; 60 days if tenant 60+ or disabled. Summary eviction available for most types. Tenant must file affidavit within 5 judicial days or loses right to hearing.
📬 Service of Process
Notice must be served by constable; sheriff; licensed process server; or attorney's agent. Cannot serve by email/text unless lease allows. Must identify the court with jurisdiction.
🏛️ Court & Legal Information
Tenant filing affidavit triggers hearing; court scheduling; formal eviction if summary denied
⚖️ Appeals & Post-Judgment
Summary: lockout order posted by sheriff/constable; removal 24-36 hours later. Landlord may then change locks in peaceable manner.
📦 Tenant Property & Abandonment
Landlord may file personal property lien; tenant can contest within 10 judicial days; landlord must store for reasonable period; can sue for actual damages + up to $1000 punitive if landlord holds property to coerce rent payment
🏦 Security Deposits
30-day return with itemized deductions. Surety bond alternative allowed if all parties agree. Penalty for wrongful withholding: actual damages plus court costs. Landlord must walk through with tenant if requested.
💵 Late Fees
Late fees are included in definition of 'rent' for eviction purposes but court costs and attorney fees are not. No mandatory grace period. Lease governs late fee amount.
🛡️ Tenant Protections
NRS 268.4159/NRS 269.040: prohibits local governments from controlling rent. No statewide rent control.
🏙️ Local Overrides & City-Specific Rules
Clark County Constable handles most Las Vegas evictions. Each justice court may have slightly different procedures. Las Vegas and Henderson have specific local eviction forms.
Underground Landlord📝 Nevada Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice Court or District Court. Pay the filing fee (~$$70-250).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Nevada
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Court procedures vary by county. Consult a qualified Nevada attorney for specific legal advice.
Understanding Nevada’s Summary Eviction Process
Nevada’s eviction laws are found primarily in NRS Chapter 40 (NRS 40.251-40.280) and NRS Chapter 118A (landlord-tenant relations). Most residential evictions in Nevada use the summary eviction process (NRS 40.253 and 40.254), which is faster than traditional unlawful detainer actions.
What makes summary eviction unique: The tenant must file a Tenant’s Affidavit with the court to contest the eviction before the landlord files anything. If the tenant doesn’t file an affidavit within the notice period, the landlord can obtain an eviction order without a hearing.
Nevada strictly prohibits self-help evictions under NRS 118A.390. Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order. Violations can result in tenant lawsuits and fines up to $5,000.
Notice Requirements by Violation Type
Nonpayment of Rent: 7-Day Notice to Pay or Quit
When rent is unpaid, landlords must serve a written 7-Day Notice to Pay Rent or Quit. The tenant has 7 judicial days (excluding weekends and legal holidays) to pay the full amount owed or vacate. (NRS 40.253(1)(a))
Critical points:
- After serving notice, a landlord cannot refuse to accept rent if the tenant pays within the 7 days
- “Rent” includes late fees, but NOT court costs, collection fees, or attorney fees (NRS 118A.150, 118A.220)
- If tenant pays in full, the eviction process stops immediately
- Clark County (Las Vegas) updated its 7-Day Notice form effective August 5, 2024
Lease Violations: 5-Day Notice to Perform Lease Condition or Quit
For curable lease violations (unauthorized pets, unauthorized occupants, property damage, etc.), landlords serve a 5-Day Notice to Perform Lease Condition or Quit. The tenant has 5 judicial days to cure the violation or vacate. (NRS 40.2516)
Nuisance, Waste, Illegal Activity: 3-Day Notice + 5-Day Unlawful Detainer
For serious violations, Nevada uses a two-notice process:
- 3-Day Notice to Quit for nuisance, waste, improper assignment/subletting, unlawful business, or drug violations
- After the 3-day period expires, serve a 5-Day Notice of Unlawful Detainer informing tenant their possession is now unlawful
These violations have no opportunity to cure—the tenant must vacate.
No-Cause Termination: 7-Day or 30-Day Notice
After a lease expires, landlords can terminate without cause:
- Week-to-week tenancy: 7-day notice
- Month-to-month tenancy: 30-day notice
- Tenants 60+ or disabled: 60-day notice required (NRS 40.251)
Tenancy-at-Will: 5-Day + 5-Day Notice
For tenants without a formal lease (at-will tenants), landlords must serve:
- 5-Day Notice informing tenant the tenancy is ending
- After that period expires, a 5-Day Notice of Unlawful Detainer
Squatters/Unauthorized Occupants: 4-Day Notice
For unlawful or unauthorized occupants (not legitimate tenants), Nevada law requires a 4-day notice to surrender the property. (NRS 40.412)
How to Serve Notice in Nevada
Proper service is essential—improper service can invalidate the entire eviction. Nevada law (NRS 40.280) accepts:
- Personal delivery: Hand directly to tenant or suitable person at residence/workplace
- Certified mail: With return receipt to tenant’s last known address
- Posting and mailing: Post on door AND mail first-class
Important: Email or text message service is NOT valid unless specifically allowed in the lease. Always keep proof of service (photos, mail receipts, affidavits).
The Summary Eviction Process Step-by-Step
Step 1 – Serve proper notice. Use the correct notice type for your situation. Clark County and other jurisdictions provide court-approved forms.
Step 2 – Wait for the notice period to expire. Remember, judicial days exclude weekends and legal holidays.
Step 3 – Check if tenant filed an affidavit. The tenant may file a Tenant’s Affidavit in Opposition to Summary Eviction with the Justice Court to contest the eviction. There are different forms for nonpayment vs. other reasons.
Step 4 – If no affidavit filed: File your Affidavit of Complaint for Eviction (the eviction lawsuit) with the Justice Court. The complaint must include:
- Grounds for eviction
- Description of the property
- Amounts of any deposits paid
- Copy of the lease
- Copy of the notice with proof of service
Step 5 – If tenant filed an affidavit: A court hearing will be scheduled. Both parties receive notification of the date and time. Hearings are typically scheduled within 7 days depending on court availability.
Step 6 – Court hearing (if contested). Both parties present evidence. Bring: lease, notices, proof of service, rent ledger, photos of violations, and any communications.
Step 7 – Judgment and Order for Removal. If the landlord wins:
- For nonpayment cases: Tenant has 5 business days to pay all back rent before eviction proceeds. If paid, the eviction stops.
- The court issues an Order for Removal
- The Constable posts the order within 24 hours
Step 8 – Physical removal. The tenant has 24-36 hours to vacate after the order is posted (for rent-related evictions). Only the Constable or Sheriff can physically remove the tenant.
Filing Fees and Costs
Costs vary by county:
- Clark County (Las Vegas): Filing fee approximately $270; Constable service $25-150
- Other Justice Courts: Filing fees typically $71-200
- Total estimated cost: $200-500+ depending on complexity
Eviction Record Sealing (NRS 40.2545)
Nevada allows eviction records to be sealed in certain circumstances. Records are automatically sealed when:
- The eviction is dismissed
- 10 judicial days after eviction is denied (tenant prevails)
- Landlord seeks to rescind the eviction
- 31 days after tenant files affidavit if landlord doesn’t follow up with complaint
Tenants may also petition to seal records based on extenuating circumstances.
Special Situations
Mobile Home Owners
The summary eviction process does NOT apply to mobile home owners living in mobile home parks. These cases require a formal unlawful detainer action.
Foreclosure Properties
New owners after foreclosure must generally honor existing leases. For month-to-month tenants, a 60-day notice is typically required (NRS 40.255).
Elderly and Disabled Tenants
Tenants 60 years or older, or those with disabilities, may request up to 10 additional days to move (NRS 70.010). They may also be entitled to 60-day notices for no-cause terminations.
Tenant Defenses Landlords Should Anticipate
- Improper notice: Wrong form, insufficient time, missing information, or improper service
- Retaliation: Eviction in response to tenant exercising legal rights (NRS 118A.510)
- Habitability: Landlord failed to maintain safe, habitable conditions
- Payment disputes: Tenant claims rent was paid or disputes amount
- Discrimination: Eviction based on protected class
- Rent acceptance: Landlord accepted rent after serving notice
Typical Timeline
- Notice period: 3-30 days depending on reason
- Tenant affidavit deadline: End of notice period
- Hearing (if contested): Within 7 days of filing
- Post-judgment (nonpayment): 5 business days to pay
- Final lockout: 24-36 hours after order posted
- Total (uncontested): 2-3 weeks
- Total (contested): 3-6 weeks
Best Practices for Nevada Landlords
- Use court-approved notice forms for your county (Clark County forms updated August 2024)
- Count judicial days correctly—weekends and holidays don’t count
- Never refuse rent payment during the notice period
- Keep meticulous records: lease, rent ledger, notices, proof of service
- Understand the two-notice requirement for nuisance/illegal activity cases
- File in the Justice Court where the property is located
- Consider eviction mediation programs before filing—they can save time and money
- Never attempt self-help eviction—penalties include fines up to $5,000
- Only the Constable or Sheriff can execute the physical lockout
Quick Reference: Nevada Eviction Rules
- Nonpayment of rent: 7 judicial days to pay or quit
- Lease violations (curable): 5 judicial days to cure or quit
- Nuisance/illegal activity: 3-day notice + 5-day unlawful detainer (no cure)
- Week-to-week no-cause: 7-day notice
- Month-to-month no-cause: 30-day notice (60 days for elderly/disabled)
- At-will tenants: 5-day + 5-day notices
- Squatters: 4-day notice
- Post-judgment redemption (nonpayment): 5 business days to pay
- Lockout timing: 24-36 hours after order posted
- Self-help eviction penalty: Up to $5,000
- Governing law: NRS Chapter 40, Chapter 118A
Bottom line: Nevada’s summary eviction process is fast but requires strict compliance. The unique aspect—tenants must file an affidavit to contest before you file—can work in landlords’ favor when tenants don’t respond. Use the correct notice forms, count judicial days properly, and never refuse rent during the notice period. Self-help eviction is illegal and can result in significant penalties.