The Eviction Process in Nevada

In Nevada, a landlord can't begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state's termination statutes. If the tenant doesn't move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict (also called an "unlawful detainer" or "summary eviction" lawsuit in Nevada).

Nevada landlord-tenant law sets out detailed requirements to end a tenancy, with different types of termination notices and procedures required for different types of situations. This article provides an overview of the rules landlords must follow when evicting a tenant or ending a tenancy in Nevada.

Notice for Termination With Cause

Nevada allows a landlord to terminate a tenancy early and evict a tenant for a number of reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. The reason for the eviction will determine the type of notice the landlord must give to the tenant.

Nevada allows two types of evictions: summary eviction and formal eviction. Summary eviction typically is faster and more straightforward than formal eviction, but doesn't allow the landlord to get money from the tenant (for example, for unpaid rent or damage to the rental) during the process. Summary eviction also differs from many other states' eviction processes in that it requires the tenant to make the first filing with the court. For a detailed explanation of the differences between summary eviction and formal eviction, along with the pros and cons of each, check out the Civil Law Self-Help Center's website.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 7-day notice to pay rent or quit: When a tenant fails to pay the rent on the date it's due, the landlord can give the tenant a 7-day notice to pay rent or quit (move out). If the tenant doesn't pay the rent or move out by the seventh day, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. §§ 2512, 40.253.)
• 5-day notice to cure or quit: When a tenant violates the lease and the problem can be remedied, the landlord can give the tenant a 5-day notice to cure (fix the problem) or quit (move out). If the tenant doesn't fix the problem or move out by the end of the five days, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. § 40.2516.)
• Unconditional 3-day notice: Landlords can send tenants a 3-day notice to move out—without the opportunity to cure the problem—when the tenant:
  • assigns or sublets the rental in violation of the lease
  • causes substantial damage to the property
  • causes injury or damage to other tenants or occupants of the property or adjacent buildings or structures, or
  • possesses illegal drugs for sale, manufacture, or distribution.

If the tenant doesn't move out by the end of the three days, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. § 40.2514.)

• Unconditional notice: When a tenant violates a lease term and the violation can't be fixed, the landlord can send a notice telling the tenant to move out immediately—no notice needs to be given. (Nev. Rev. Stat. § 40.2516.)

Notice for Termination Without Cause

The rules for terminating a tenancy without cause vary depending upon whether the tenant has a month-to-month rental agreement or a fixed-term lease.

Month-to-Month Rental Agreement

With a month-to-month rental agreement, the landlord must give the tenant at least a 30-day written notice informing the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time. The same type of notice is required for a week-to-week agreement, except the landlord only needs to give the tenant seven days' notice.

If the tenant is over 60 years old or has a physical or mental disability, the tenant may request an additional 30 days to move out of the rental unit. If the tenant requests this extension and presents proof of age or handicap, the landlord must allow it. (Nev. Rev. Stat. § 40.251(1).)

Fixed-Term Lease

A landlord can only remove a tenant without cause at the end of the time specified in the lease agreement. The landlord isn't required to give the tenant notice for leases that are longer than month-to-month unless the lease agreement requires it. This means that if the tenant has a year-long lease that expires in December and the tenant has not requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December, unless the terms of the lease specifically require notice.

Tenant Eviction Defenses

A tenant may decide to fight the eviction, which could add time to the eviction lawsuit. The tenant could have several potential defenses, including mistakes the landlord made during the eviction process, such as using the wrong form or improperly serving it. The tenant could also assert that the landlord failed to maintain the rental unit and that the termination is retaliatory because the tenant filed a complaint about uninhabitable premises, or that the landlord discriminated against the tenant in some way.

Removal of the Tenant

The only way a landlord can legally evict a tenant is by filing an eviction lawsuit, also called an unlawful detainer suit, with the justice court of the county in which the rental unit is located. Even if the landlord wins this lawsuit, the landlord still must not personally evict the tenant. The court will give authority to a sheriff or constable to evict the tenant by a certain day.

It is illegal for the landlord to personally remove the tenant from the rental unit; the physical eviction must be carried out by a law enforcement officer. (Nev. Rev. Stat. § 118A.390.)

If the tenant has abandoned the property and left behind personal belongings, either because of receiving notice or after the eviction, the landlord can dispose of the property only after storing the property for 30 days and making efforts to locate and notify the tenant of the landlord's intent to dispose of the property. The landlord must let at least 14 days pass after giving notice of intent to dispose of the property before actually disposing of it. (Nev. Rev. Stat. § 118A.460.)

Rationale for the Eviction Rules

Landlords must carefully follow all the rules and procedures Nevada law sets forth for evictions; otherwise, the eviction may be not valid. This can be burdensome for the landlord, but the rules are in place for a reason. Evictions often happen very quickly and the end result is that the tenant might lose their home. The rules help ensure that the eviction is justified and that the tenant has enough time to find a new place to live.