Nevada Eviction Notices
Nevada eviction notices are sent to a tenant for a violation of their lease agreement. This document informs the tenant why they are being evicted and by which date they must leave the rental unit. If the eviction is taking place due to nonpayment of rent or a violation of a lease, the subject will be given five (5) days to pay rent, fix their violations, or vacate. By complying with an eviction notice, a tenant may avoid being evicted. Otherwise, the landlord will either serve the subject an “unlawful detainer” or file a summary eviction action to have the tenant removed.
How to Evict a Tenant (Process)
The eviction process starts with a notice being served to the tenant by their landlord. The notice informs the tenant of the landlord’s intention to terminate the lease (or rental agreement) and gives them an opportunity to pay delinquent rent or to cure any lease violations. If the tenant is uncompliant with the notice, the landlord can file a “summary eviction” or a “formal eviction” in order to remove them by court order. Month-to-month leases do not require the landlord to have a reason for terminating a rental agreement.
Step 1 – Choose the Correct Notice Type
In Nevada, there are three (3) main types of notices that can be served to a tenant; the five (5) day notice to pay or quit, the five (5) day notice to comply or quit, and the lease termination letter. The notice to pay or quit is used when a tenant has failed to pay rent. The notice to comply or quit is served when a tenant has committed a fixable lease violation. A lease termination letter can only be used for month-to-month tenancies and gives the tenant thirty (30) days notice to quit. If the subject is at least sixty (60) years old or has a disability, they should be given sixty (60) days notice instead of the standard thirty (30) days.
A copy of the notice must be kept as proof of service. If the tenant sublets the property in contravention of the lease agreement or is a nuisance, permits waste, or commits unlawful behavior on the premises, they should be served the 3 Day Notice to Quit without opportunity for recourse.
Step 2 – Serve the Notice to Tenant
The notice must be served in-person to the tenant or co-resident who is at least fourteen (14) years old. Furthermore, a witness must be present. Service may also be performed by sending the notice via certified mail and posting a copy of the notice on the property. A proof of service must be retained by the landlord.
Step 3 – Summary Eviction/Unlawful Detainer
If the tenant does not comply with the demands of the notice within the given time period, the landlord can terminate the rental agreement and file an eviction action. They will file either a Complaint for Unlawful Detainer, a Complaint for Summary Eviction for Non-Payment of Rent, or a Complaint for Summary Eviction, depending on their situation (click here to access all Nevada eviction forms). Most landlords will choose a “summary eviction,” however, using this method, they will need to start a separate lawsuit in order to sue for any funds/damages owed.
Step 4 – Notice to Quit for Unlawful Detainer
The tenant will either be served a 5 Day Notice to Quit for Unlawful Detainer which informs them that they are staying in the residence illegally, and that they have the ability to file the Answer to Unlawful Detainer, a Motion to Stay, or other affidavit specific to their situation (click here to view all tenant summary eviction forms). The motion petitions the court to delay the eviction for up to ten (10) days as per NRS 70.010. If the landlord files for a summary eviction, the tenant may file an Answer to Summary Eviction to contest the complaint.
Step 5 – File Forms With Clerk
Next the landlord must make copies of the eviction notices, the affidavit of service, and the rental/lease agreement and file them, along with appropriate “complaint,” in the Justice Court of the county in which the rental property is located. You will be charged multiple fees for this service (please refer to the current fee schedule).
Step 6 – Notice of Hearing
In the event that the tenant files an “answer” to the landlord’s “complaint,” both parties will be issued a Notice of Hearing which will inform them of the time and date that a hearing will be scheduled for the eviction case.
Step 7 – Attend Hearing (if applicable)
At the eviction hearing, the court will rule in favor of the landlord or the tenant. If the landlord wins the case, they will be issued either an Order for Summary Eviction or an Order Directing Issuance of Temporary/Permanent Writ of Restitution.
Step 8 – Remove Tenant
If the tenant is still uncompliant, the landlord can give the Order for Summary Eviction or Temporary/Permanent Writ of Restitution to the local constable or sheriff and make arrangements to have them serve the document to the tenant. The landlord will be charged a fee for this service.