A landlord can evict a tenant in Nevada if the tenant fails to pay rent on time. The landlord must give the tenant a written eviction notice informing the tenant that rent is due and that the tenant has five days to pay the rent or move out of the rental unit.
This article will explain the procedures a landlord must follow when evicting a tenant for failing to pay rent, according to the Nevada Revised Statutes.
Unless the landlord and tenant agree otherwise, rent is typically due on the first day of every month. It does not matter if the first day of the month is a weekend or holiday; the tenant must still pay rent on that day (see Nev. Rev. Stat. Ann. § 118A.210).
If a tenant does not pay rent on time, the landlord can give the tenant an eviction notice the very day after the rent is due. The notice must give the tenant five days to either pay the rent or move out of the rental unit. This notice is also sometimes called a "five-day notice to pay rent or quit." This five-day eviction notice also includes weekends and holidays, and it starts running the day after the tenant receives the notice. If the tenant does not pay the rent or move out within the five-day time frame, the landlord can then file an eviction lawsuit (see Nev. Rev. Stat. Ann. § 40.2512).
An eviction notice for nonpayment of rent must be written and include the following:
A sample eviction notice can be found at the forms website of the Clark County Courts.
A landlord can give the eviction notice to the tenant in a variety of ways:
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.
See Nev. Rev. Stat. Ann. § 40.280 for details on serving eviction notices.
A tenant may respond in a number of ways after receiving an eviction notice for not paying rent:
1. The tenant can pay the rent during the five-day time period, in which case the landlord cannot proceed with the eviction. If the tenant fails to pay rent in the future, the landlord must repeat the entire eviction process.
2. The tenant can move out of the rental unit. If the tenant moves out of the rental unit but does not pay any rent, 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 rent and late charges owed to the landlord, then the landlord can sue the tenant for any amount still owed.
3. If the tenant does not pay rent and does not move out of the rental unit within the five days, then the landlord can file an eviction lawsuit. This lawsuit is also called an unlawful detainer suit.
If the tenant does not pay rent or move out after receiving the eviction notice, 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. Tenants may have several defenses available to an eviction in Nevada for nonpayment of rent, such as the landlord's failure to maintain habitable rental premises.
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 nonprofit 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 has useful information. For more eviction articles, see the Evicting a Tenant or Ending a Lease section of the Nolo site.
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