In Nevada, a landlord can evict a tenant for violating the lease or rental agreement--for example, by having pets when none are allowed, parking in an unauthorized parking space, or willfully damaging the rental unit.
This article will explain the procedures a landlord must follow when evicting a tenant who has violated the lease agreement, according to the Nevada Revised Statutes.
The landlord must give the tenant two eviction notices if the tenant has violated the lease agreement. The first eviction notice can be given to the tenant as soon as the landlord is aware that the tenant has violated a portion of the lease agreement. This first eviction notice, often called a five-day notice to quit for violation of rental agreement, must give the tenant five days to either fix the lease violation, if possible, or move out of the rental unit (see Nev. Rev. Stat. § 40.2516).
If the tenant does not move out of the rental unit, then the landlord must give the tenant a second eviction notice, called the unlawful detainer notice. This notice must inform the tenant that if the tenant does not move out of the property in another five days, then the landlord will file an eviction lawsuit, or unlawful detainer action, with the court.
The five-day time frames do not include weekends and holidays.
The information included in both eviction notices will be very similar, and should contain the following:
The first eviction notice should also include a statement that the tenant has five days to fix the violation (the notice should specify the exact date by which this must happen) or move out of the rental unit. The Clark County court system has sample eviction notices for lease violations.
The second eviction notice should include a statement that eviction proceedings will begin against the tenant if the tenant does not move out of the rental unit within five days (the notice should specify the exact date by which this must happen). The Clark County court system also has a sample unlawful detainer notice.
The landlord must follow the same rules when serving both eviction notices. There are several options available:
1. The landlord, or an agent of the landlord, can personally give the notice to the tenant, preferably at the rental unit or at the tenant's place of business. The landlord must have a witness present.
2. If the tenant is not at the rental unit or at the tenant's place of business, the landlord, or the landlord's agent, can give the notice to someone else at either location. The landlord must also then mail a copy to the tenant at either the rental unit or the tenant's place of business. If the landlord mails the notice, the landlord should request a return receipt for proof of mailing.
3. If the landlord does not know where the tenant is currently residing and also does not know where the tenant works, or no one is available at either location to give the notice to, the tenant can post the notice in a conspicuous place at the rental unit (such as taped to the front door of the rental unit). The landlord must also mail a copy to the rental unit. The landlord should request a return receipt when mailing the notice.
For details, see Nev. Rev. Stat. Ann. § 40.280.
A tenant can respond in a variety of ways after receiving an eviction notice for violating the lease agreement:
1. The tenant can fix the violation during the first five-day time period, in which case the landlord may not proceed with the eviction. The landlord does not have to give the tenant the right to fix the violation during the second five-day time period.
2. The tenant can move out of the rental unit. If the tenant moves out of the rental unit but still owes the landlord money for damages, the landlord can use the security deposit to cover any charges owed to the landlord. If the security deposit does not cover the full amount of damages owed to the landlord, then the landlord can sue the tenant for any amount still owed.
3. If the tenant does not fix the violation within the first five days and does not move out of the rental unit after receiving the second eviction notice, then the landlord can file an eviction lawsuit. This lawsuit is also called an unlawful detainer suit.
After the landlord has sent both notices to the tenant and the tenant has not complied with the lease agreement or moved out of the rental unit, then the landlord can file a complaint and summons with the courthouse in the township where the rental unit is located. The landlord must successfully win this lawsuit before the tenant can be evicted.
A sample complaint and summary can be found at the Clark County Court forms website.
It is illegal for the landlord to attempt to remove the tenant from the rental unit without a court order. For example, the landlord cannot change the locks on the rental unit or shut off the utilities to the rental unit. This is often referred to as a "self-help" eviction, and it is illegal in Nevada (see Nev. Rev. Stat. Ann. § 118A.390).
The Clark County court provides a very helpful overview of the eviction process in Nevada. The Las Vegas Constable website also provides useful information about the eviction process in Las Vegas. In addition, Nevada Legal Services, a non-profit legal aid organization, also provides some helpful questions and answers regarding the eviction process.
The Nolo website also has many articles on landlord-tenant relations in Nevada, including illegal eviction procedures in Nevada and tenant defenses to evictions in Nevada. The Nevada charts in the State Landlord-Tenant Laws section of the Nolo website also have useful information. For more eviction articles, see Tenant Defenses to Evictions in Nevada and the Evicting a Tenant or Ending a Lease section of the Nolo site.