Nevada’s eviction process is notoriously unique. In fact, state lawmakers have tried to revise the Nevada eviction process in recent months, even going as far as proposing a bill (AB 340) to modify the state’s policies. Some believe that the state’s process places an unfair burden on tenants to initiate court procedures. However, the bill and its proposed revisions was vetoed by Nevada’s governor earlier this year.
This means landlords are still responsible for complying with this process and all other Nevada eviction laws until new legislation is passed. In this article, we break down each step of the current legal eviction process in Nevada.
Landlord serves a zero- to seven-day eviction notice.
Landlord files an eviction lawsuit with the court.
Landlord applies for an expedited “show cause” hearing.
Court serves tenant all documents.
Landlord and tenant attend the “show cause” hearing and receive judgment.
Tenant gets a final notice period to move out.
Sheriff arrives to forcibly remove the tenant.
1. Landlord Serves a Zero- to Seven-Day Eviction Notice
In Nevada, tenants can be evicted for failing to pay rent, violating the lease, failing to uphold their obligations as a tenant under Nevada law, engaging in illegal drug activity, or threatening the health and safety of other tenants.
If any of the above lease violations occur, the landlord must first serve a Nevada eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are five possible notices a landlord may send a tenant for an eviction in Nevada:
Rent Demand Notice (Periodic Tenancies/Less than 45 Days): 4 judicial days to pay or quit. If a periodic tenant or tenant who has been living in the property less than 45 days fails to pay rent when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than four days after receipt of the notice) (NRS § 40.253(b)).
Rent Demand Notice (All Other Tenancies): 7 days to pay or quit. For all other tenancies, when rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than seven days after receipt of the notice) (NRS § 40.2512).
Lease Violation Notice: 5 days to cure or quit. If a tenant violates another lease term or fails to uphold their obligations under Nevada landlord-tenant law, the landlord must deliver this notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than five days after receipt of the notice). If the violation is severe enough to be non-curable, no notice is required (NRS § 40.2516).
Unconditional Notice to Quit (Illegal Drug Activity): 3 days to quit. This notice provides no opportunity to “cure” the violation and applies if the tenant violates provisions of the Uniform Controlled Substances Act (found here), except for unlawful possession not for purpose of sale (NRS § 40.2514).
Unconditional Notice to Quit: Immediate. This notice also gives no opportunity to “cure” the violation, and applies when the tenant does one of the following as per NRS § 40.2514:
Assigns or sublets the property without the landlord’s permission
Commits or permits waste on the property
Carries out or allows any unlawful business on the premises
Commits any nuisance of conduct that constitutes an unreasonable obstruction to others’ free use of the property and causes injury or damage to other tenants
All eviction notices for nonpayment in Nevada must do each of the following as per NRS § 40.253:
Identify the court that has jurisdiction over the eviction
Advise the tenant of three things:
That the tenant has the right to contest the eviction by filing an affidavit/answer with the court stating that the tenant has paid or isn’t in default of rent
That is the court finds the tenant guilty of unlawful detainer, they may issue a summary order for removal, to be posted at the premises 24 hours after the order is issued, and that the sheriff will return to remove the tenant 24-36 hours thereafter
That a tenant may seek relief if a landlord attempts a self-help eviction
Manner of Service
There is also a specific way eviction notices must be served according to Nevada law. They must be served by a sheriff, constable, or other licensed process server in one of the following three manners:
Personal delivery to the tenant, in the presence of a witness.
If the tenant is not on the premises, by leaving a copy with a resident at least 14 years old AND mailing a copy to the rental address (a “certificate of mailing” must be requested from a U.S. Post Office).
If there is no one at the premises, by posting a copy in a conspicuous place on the property AND mailing a copy to the rental address (NRS § 40.280).
It’s also important to note that the landlord must get a signed statement from whoever served the eviction notice to file with the court as proof of service. The statement must include the date and manner of service, as well as the badge or license number of the constable, sheriff, or private process server who performed the service (NRS § 40.280(5)(a)(1)).
From here, the eviction flowchart splits into two branches, as there are two types of eviction actions in Nevada: summary process actions and “formal”unlawful detainer actions. Summary process actions are for claiming repossession only (claims for money judgments must be made separately), while unlawful detainer actions are for cases claiming both possession and monetary damages at the same time. The Nevada eviction process varies depending on which action is filed. Most evictions are summary process actions, so we’ll explain this type first.
Summary Eviction Process (Possession)
Summary eviction process is a simplified, expedited way to remove a tenant from a rental unit. Unless the tenant takes the initiative to file a response in court, there won’t even be a hearing in most cases. Here’s how it works after step one (sending the eviction notice):
1.Tenant May File an Affidavit/Answer
After the landlord serves the eviction notice, Nevada law gives the tenant the length of the notice period to do one of the following:
“Cure” or fix the violation
Vacate the rental unit
File an affidavit or answer with the court
The tenant’s affidavit is a formal objection to the eviction and gives the tenant a chance to explain why they should not be evicted. The tenant MUST file the affidavit to avoid being evicted. If the tenant does not file one, NO hearing will be held, and the tenant could be evicted immediately.
For example, let’s say a tenant is late on rent, so you send them a seven-day pay-or-quit notice. The tenant must file an affidavit within seven days to object to the eviction and have a chance of remaining in the unit. If the tenant does not want to contest the eviction, they must either pay their overdue rent or move out by the end of the seven days.
2.Landlord Files an Eviction Complaint with the Court
Next, the landlord must file their own affidavit, called an Affidavit of Complaint for Eviction (the eviction lawsuit). Here’s what the affidavit looks like for nonpayment cases in Clark County (note that landlords must use the forms required in their county). The affidavit should be filed in either the Nevada Justice or District Court of the township where the property is located, whichever has jurisdiction (NRS § 40.253(5)(a)).
The affidavit/complaint should include the following:
The start date of the tenancy
The amount of periodic rent reserved
The amounts of any cleaning, security, or rent deposits the tenant paid in advance, in excess of the first month’s rent
The date the tenant was late on rent
The number of days the tenant has remained in possession without paying rent
The amount of rent claimed due and delinquent
A statement verifying that a written eviction notice was properly served to the tenant
3.If the Tenant Filed an Affidavit: Summons, Court Hearing, and Order of Eviction
Let’s say that the tenant did file an affidavit. In this case, the landlord will receive a file-stamped copy (NRS § 40.253(4)). A court hearing will be scheduled, and both parties will receive notification of the time and date. The tenant will receive a summons to attend the hearing.
On the day of the hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will decide whether the tenant’s affidavit is truthful and sufficient to serve as a legal defense to the unlawful detainer. If so, the court will issue a judgment in the landlord’s favor and a summary order for the tenant’s removal or nonadmittance (NRS § 40.253(6)).
Once issued, the order for eviction will be sent to the constable or sheriff’s office, who will post a copy at the rental unit stating the date by which tenant must move out. If the order is for nonadmittance, the sheriff will return to assist the landlord in facilitating a lockout (changing the locks and restricting the tenant’s entry to the unit). If the order is for removal, the sheriff will return to forcibly remove the tenant from the premises.
4.If the Tenant did NOT File an Affidavit: Immediate Order for Eviction
What happens if the tenant does not file an affidavit after receiving the initial eviction notice?
In this case, the landlord will be granted an eviction order immediately, without attending a court hearing. The order will be sent to the constable or sheriff of the county, who will post it in a conspicuous place on the premises no later than 24 hours after receiving it. The notice will state the date by which the tenant must move out, which will be between 24 and 36 hours after the posting of the order by Nevada law (NRS § 40.253(5)(a)).
If the final notice period expires and the tenant still has not moved out, the sheriff will return to perform a peaceable lockout and remove the tenant from the premises.
Unlawful Detainer (“Formal”) Eviction Process
The second type of eviction action in Nevada is called a “formal” eviction or unlawful detainer action.
The main difference between “summary” evictions described above and “formal” evictions is that in “formal” eviction actions, landlords can request both possession and a money judgment in the same lawsuit. “Formal” evictions also have stricter rules, take longer, and a court hearing is mandatory before the landlord can be granted an order for eviction—regardless of whether the tenant files an answer with the court beforehand.
Here’s what happens after the landlord sends the eviction notice:
2. Landlord Files the Eviction Lawsuit with the Court
If the tenant does not cure the violation or move out within the notice period, the landlord must file a formal Complaint for Unlawful Detainer (the eviction lawsuit) with the Nevada Justice Court (if the landlord is claiming money damages of $10,000 or less) or the Nevada District Court (for damages more than $10,000).
The court clerk will supply the landlord with the following forms to complete and sign:
Complaint for Unlawful Detainer (downloadable here for Clark County)
The complaint itself should include the reason and basis for the eviction, a description of the property, and any circumstances of fraud, force, or violence committed by the tenant. The complaint also is where the landlord can claim monetary damages. The landlord should also attach:
The lease/rental agreement
The eviction notice served
Proof of service for the eviction notice
In some cities (such as Las Vegas), landlords can file and submit these forms electronically. The landlord will also be required to pay a court filing fee, which varies based on the amount of money the landlord is claiming in the complaint.
3. Landlord Applies for an Expedited “Show Cause” Hearing
At this point, the landlord has the option to apply for a “show cause” hearing to remove the tenant more quickly, before the trial. “Show cause” hearings are expedited hearings at which the landlord may request a Temporary Writ of Restitution. If granted, this temporary writ can be used to remove the tenant before the eviction hearing (NRS § 40.300(3)).
However, there are a few conditions. The writ cannot be issued until
the court notifies the tenant and gives them an opportunity to oppose the temporary writ,
the court has had an opportunity to ascertain the facts sufficiently and set the amount of a bond to indemnify the tenant(s) (this is a sum of money the landlord pays into the court to cover damages in case the tenant wins), and
the landlord files that bond of indemnification set by the court.
Next, the landlord arranges for the tenant to be served a copy of all the documents completed thus far. This includes:
Summons
Complaint for Unlawful Detainer
Order to Show Cause (with the hearing date)
Application for Order to Show Cause Why a Temporary Writ of Restitution Should Not Issued (downloadable here)
Copies of these documents should be directed to the sheriff, constable, or other authorized process server, to be served to the tenant with a copy of the complaint at least 11 calendar days before the hearing date. They should be served in the same manner that eviction notices are, as listed above. Additionally, either the process server or the landlord must complete an affidavit declaring how service was made to the tenant and file it with the court.
5. Landlord and Tenant Attend the “Show Cause” Hearing and Receive the Judgment
If the landlord receives the “show cause” order, the next step for both landlord and tenant is to attend the hearing. At the hearing, both parties will present their cases and any evidence to the judge, who will afterwards issue a judgment.
If the judgment is in the landlord’s favor, the court will issue the Temporary Writ of Restitution. This writ is the document that grants the sheriff the authority to remove the tenant from the premises. Before they can do so, the landlord must prepare and file three more documents:
Order Directing Issuance of Temporary Writ of Restitution (downloadable here for Clark County)
Notice of Posting Bond for Issuance of Temporary Writ of Restitution (downloadable here for Clark County)
Temporary Writ of Restitution (downloadable here for Clark County)
The landlord also needs to post the security ordered by the judge, either as cash or a bond.
Additionally, if the landlord claimed monetary damages (e.g., for unpaid rent or damages), the judgment will be entered for three times the actual damages (NRS § 40.230).
What happens if the judge rules against the landlord at the “show cause” hearing? If the judge does not grant the writ, the landlord can still set the case for trial and receive a writ by providing sufficient evidence and satisfying whatever problem prevented the judge from granting the writ the first time.
6. Tenant gets a Final Notice Period to Move Out
After the writ is granted, the landlord should arrange for the sheriff to serve a copy to the tenant with a notice of the execution. Typically, the sheriff or constable provides the tenant with 24 to 36 hours to move out with all their belongings before returning to execute the eviction.
7. Sheriff Arrives to Forcibly Remove the Tenant
If the tenant does not move out within the final notice period, the sheriff or constable will return to forcible remove the tenant and return possession of the property to the landlord.
Storage Rules
Landlords in Nevada can charge tenants for storing any personal property left behind after the eviction. Tenants may file a motion to dispute the storage costs claimed, but they must do so within 20 days after the summary order for removal was issued, or within 20 days after vacating the unit (NRS § 40.253(8)).
Evicting a Squatter in Nevada
A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Nevada, squatters must have lived in the property and paid property taxes for five continuous years to invoke Nevada squatters rights and claim right of possession (NRS § 11.070, 11.150). Their possession must also meet the following criteria to claim squatters rights in Nevada:
Hostile/Adverse—The squatter must not have a valid lease with the owner
Actual—The squatter must be actively residing on the property
Open and Notorious—The squatter is openly and obviously living there.
Exclusive—The squatter does not share possession of the property with anyone else.
Continuous—The squatter must hold continuous and uninterrupted possession.
While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Nevada to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Nevada, you should:
Call local law enforcement.
Determine whether the person is a trespasser or a squatter.
If the person is a trespasser, they can be removed immediately by a police officer.
If the person is a squatter, you must contact the sheriff’s office.
Send the squatter an eviction notice as per Nevada eviction law.
If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.
Nevada Eviction Cost Estimates
This chart shows estimates of the approximate cost of the eviction process in Nevada, according to civil procedure in the state. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.
Action
Approximate Cost
Filing fee
~$270 (District Court)
Service of court summons
Varies
Issuance of writ of restitution
$10
Legal fees
$500-$10,000
Average locksmith fees
$160
Storage fees for abandoned property
Varies
Tenant turnover costs
Varies
Nevada Eviction Time Estimates
The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.
Action
Duration
Eviction notice period
0-7 days
Tenant response period (time to file affidavit for summary process actions)
Same as eviction notice period
Eviction hearing
Within 1 week
Issuance of writ of restitution
Immediately or within a few days
Service of writ of restitution
Within 24 hours
Time to quit after writ is posted
24-36 hours
Total
1-6 weeks
Court Documents
The following court documents are for evictions filed in Clark County, Nevada.
Court Filing Fees and Waivers by court – This page has information about the various court costs and filing fees across the different Nevada courts as per Nevada revised statutes.
Conclusion
The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Nevada laws on eviction, you can feel more confident pursuing an eviction in this state.
Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
