Nevada Eviction Laws: a Guide for Landlords And Tenants

Nevada has over 485,850 renter households, making the state's eviction process relevant to a significant portion of the population. If you're a property owner managing rentals or a tenant renting your home, understanding your rights and responsibilities can help you avoid conflicts and protect your interests.

This article covers Nevada eviction laws, including the legal grounds for eviction, required notice periods for different situations, and all the steps in the process. We'll also discuss the costs associated with evictions and how to prevent them in the first place.

Understanding eviction reasons and notices in Nevada

Evictions are an unfortunate reality in rental situations, affecting both landlords and tenants. Nevada law specifies several legitimate reasons for eviction to protect all parties' rights and interests. Here are the primary grounds on which landlords can legally evict tenants:

Failure to pay rent

One of the most common reasons for eviction is when the tenant fails to pay rent. Landlords can consider the rent overdue the day after the due date listed in the lease agreement. At this point, landlords can issue a notice to pay rent or quit. Nevada law doesn't require a grace period unless there's one in the rental agreement. Timing requirements for this notice depend on the tenancy type:

• Weekly rental agreements: If the tenant pays rent weekly, the landlord must provide a four-day notice to pay rent or quit.
• All other rental agreements: A seven-day notice to pay rent or quit is necessary, regardless of the lease term.

Landlords must serve this written notice according to Nevada law, which includes the following methods:

• Personal delivery: The landlord can deliver the notice to the tenant in person.
• Substitute service: If the tenant is not present, the landlord can leave the notice with a person of suitable age and discretion at the tenant's residence. The landlord must also mail a copy to the tenant at the rental address.
• Posting and mailing: If no one is available, the notice can be posted visibly on the property, and a copy must be mailed to the tenant. It's a good idea to use certified mail for proof of delivery.
• Third-party service: Landlords can also have a sheriff, constable, licensed process server, or attorney's agent serve the notice.

Nevada's formal eviction process requires proof of service before the court can issue a removal order. This can be a statement signed by the tenant and a witness confirming receipt of the notice, a postal service mailing certificate, or an endorsement from a sheriff or constable detailing the service.

Lease violation

Landlords can evict tenants who violate their lease or rental agreement. These breaches can take various forms, from causing disturbances to a tenant neglecting property maintenance responsibilities. Common lease violations include the following:

• Creating excessive noise or other nuisances that disturb neighbors.
• Damaging the property beyond normal wear and tear.
• Unauthorized subletting or allowing additional occupants not on the lease.
• Keeping pets in a no-pet property.

For lease violation notices, a landlord should do the following:

• Serve five-day notice to cure or quit: The landlord provides a notice giving the tenant five days to fix the lease violation or leave the rental property.
• Issue final notice if non-compliant: If the tenant fails to remedy the violation or vacate, the landlord serves a five-day notice of unlawful detainer, initiating formal eviction proceedings.

Illegal activity

The landlord can serve an eviction notice if a tenant engages in illegal activity at the rental property. These grounds for eviction cover a wide range of unlawful behaviors:

• Illegal drug use or manufacturing.
• Operating an unlawful business from the premises.
• Theft or property crimes involving the rental unit or neighboring properties.

The eviction notice for these circumstances include the following:

• Serve initial eviction notice: The landlord provides a three-day notice describing the violation and asking the tenant to vacate the property.
• Serve five-day notice if tenant remains: If the tenant doesn't leave within the three-day period, the landlord must serve a five-day notice to quit for unlawful detainer, informing the tenant their continued possession is unlawful.

Holdover tenancy

A holdover tenant is a tenant who remains in a rental property after the end of their lease agreement. Situations when this may happen include the following:

• Fixed-term lease expiration: The tenant remains in the property without signing a new lease agreement.
• Periodic tenancy: The landlord gives proper notice to vacate, but the tenant doesn't leave.
• Tenant doesn't vacate: The tenant continues to occupy the property after receiving a notice to quit for lease violations or other reasons. At this point, they become a holdover tenant.

Nevada allows landlords to end these tenancies without stating a specific reason but requires the following eviction notices:

• Fixed-term lease expiration: When a fixed-term lease expires, landlords can start the eviction process immediately if the tenant doesn’t vacate the property.
• Month-to-month tenancy: The landlord must provide a 30-day notice to end the tenancy. If the tenant doesn't leave after this period, the landlord can start the eviction process by serving a five-day notice of unlawful detainer before filing in court.
• Week-to-week tenancy: Nevada law requires a seven-day notice to end the tenancy. If the tenant remains after this period, the landlord can begin eviction proceedings by serving a five-day notice of unlawful detainer.

Written eviction notice details

The Nevada eviction process requires all written notices to include the following:

Reason for eviction notice

The notice to the tenant must provide the reason for eviction:

• Non-payment of rent: The notice needs to include the amount of rent due and instruct the tenant to pay rent or leave.
• Lease violations: Eviction notices for these situations must describe the alleged violation and direct the tenant to fix the violation or leave.
• Illegal activity: For illegal activity, the notice should specify the unlawful actions and direct the tenant to leave.

Eviction notice content

Eviction notices must list the appropriate court for filing the eviction case and inform the tenant of their legal options and potential consequences. The notice to quit includes the following:

• Tenant’s violation or reason for eviction.
• The required timeframe to vacate the property.
• Tenant’s right to contest the eviction by filing an affidavit or response with the court.
• Potential consequences of not complying include possible court-ordered removal.
• Legal protections against unauthorized eviction methods by the landlord.

Nevada eviction process steps

If you need to start an eviction in Nevada, here are the steps:

Step 1: Notice to tenant

Serve the appropriate eviction notice to the tenant as mentioned above.

Step 2: Wait for the notice period to expire

Allow the notice period to expire. During this time, the tenant may fix the situation like pay overdue rent or vacate the property.

Step 3: File an eviction lawsuit

If the tenant does not comply with the notice, file an eviction lawsuit in the appropriate court. In Nevada, this can be the Justice Court or District Court. The court depends on the amount of money involved:

• $15,000 or less: The Justice Court handles eviction lawsuits for cases involving $15,000 or less in total claims, including unpaid rent, damages, and other fees.
• Over $15,000: For situations where the total amount in dispute exceeds $15,000, the Nevada District Court handles the eviction lawsuit.

Step 4: Serve the summons and complaint

A third party, such as a sheriff, constable, or licensed process server delivers the summons and a copy of the eviction complaint to the tenant.

Step 5: Tenant's response

The tenant can respond to the complaint by filing an answer with the court within five judicial days.

Step 6: Court hearing

If the tenant contests the eviction, the court schedules a hearing. Both parties present their case, and the judge makes a decision.

Nevada's summary eviction process states that if the tenant does not respond or show up to the court hearing, the court typically grants the eviction. Likewise, if the landlord doesn't show up, the court usually denies the eviction request.

Step 7: Judgment and order for removal

If the court rules in favor of the landlord, it issues a judgment for possession. This legal decision affirms the landlord's right to reclaim the property. This means the landlord has the legal authority to retake control of the rental unit, and the tenant must vacate the property within a specified timeframe.

The court also issues an Order for Removal, sometimes called a Writ of Possession, authorizing law enforcement to remove the tenant if they do not leave voluntarily.

Step 8: Eviction by law enforcement

Law enforcement officers serve the Order for Removal to the tenant and oversee the eviction. The tenant receives a final notice to vacate before being forcibly removed.

Step 9: Recovering possession and tenant's belongings

After evicting the tenant, the landlord can regain possession of the property. If the tenant leaves personal belongings behind, Nevada law outlines a specific process for handling these items:

• Storage period: The landlord must store the tenant's personal property for 30 days after the eviction.
• Notification: During this time, the landlord must make reasonable efforts to locate and notify the tenant of their intent to dispose of the property.
• Disposal wait time: After notifying the tenant, the landlord must wait at least 14 days before actually disposing of the property.

This total process requires a minimum of 44 days before the landlord can dispose of any abandoned belongings, giving the tenant time to reclaim their possessions.

Fighting eviction in Nevada

Landlords have the right to evict tenants under certain circumstances, but tenants can contest evictions. Here are common defenses tenants might use:

• Improper notice or procedures: The eviction may be invalid if the landlord doesn't provide the correct written notice, follow service procedures, or complete all required steps. Attempting to evict without a court order can serve as a defense against eviction.
• Discrimination: Evicting tenants based on their race, color, national origin, religion, sex, familial status, or disability is a violation of fair housing laws. Tenants can contest evictions they believe are discriminatory.
• Retaliation: If a tenant believes the eviction is in response to exercising their legal rights like complaining about unsafe living conditions, they can claim retaliatory eviction.
• Paid rent: If a tenant can prove they paid the rent in question or that the landlord refused a valid rent payment, this can be a defense against eviction for non-payment.
• Failure to maintain the property: Known as the "warranty of habitability" defense — tenants may contest eviction if the landlord fails to keep the rental unit in a habitable condition.
• Accepting partial rent: If a landlord accepts partial rent payment after serving an eviction notice, it may waive their right to evict for that period.

Eviction costs in Nevada

Evictions are expensive for all parties. The typical costs associated with the eviction process in Nevada include the following:

• Court filing fees: These fees vary by county. For example, in Clark County, they range from $71 to $271.
• Process fees: This cost covers officially serving the eviction notice and court summons to the tenant. For example, the Henderson Township Constable's Office in Clark County charges from $15 for a subpoena to 2% of the amount collected for a writ of execution, plus mileage and copy fees.
• Attorney fees: If a landlord chooses to hire an attorney to handle the eviction process, the costs can vary widely. Attorney fees can range from $200 to $500 per hour, depending on the complexity of the case and the attorney's experience.
• Lost rent and damages: Landlords lose income during the eviction process and while the property remains vacant. They may also incur costs to repair tenant-caused damage. These expenses can vary widely, often adding up to large amounts depending on the length of the process and the extent of damages.
• Storage fees: If the tenant leaves personal belongings behind, the landlord incurs storage fees for the 44-day minimum hold period. This can involve renting storage units or other secure storage, adding to the landlord's expenses.
• Court-awarded damages: If the court rules against the tenant, they may be liable for unpaid rent, late fees, and potentially the landlord’s legal fees.

Preventing evictions in Nevada

For both landlords and tenants, the best approach is to avoid evictions altogether. Effective communication and proper management can help prevent many issues that lead to evictions. One tool that can assist in this is property management software. For example, Azibo's integrated platform offers features that can support a better rental situation:

Tenant screening

A thorough tenant screening process can help landlords identify reliable renters who are less likely to face eviction. Azibo streamlines this process, including income verification and credit checks, to validate tenants can afford the rent.

Tenant screening also includes comprehensive background checks so that landlords can spot potential issues before they become problems.

Lease agreements

Landlords can use Azibo's platform to create lease agreements tailored specifically for Nevada that follow all state rules and regulations. Having legally compliant leases protects both tenants and landlords by doing the following:

• Setting expectations: A well-written lease clearly outlines the rights and responsibilities of both parties and reduces misunderstanding. It provides clear terms on areas like rent payment, maintenance responsibilities, and other key issues to help prevent conflicts that could lead to eviction.
• Providing legal protection: In the case of a dispute, a lease serves as a legal document to support either party's position.

Rent collection

Azibo's online rent collection feature benefits both tenants and landlords by reducing the risk of unpaid rent. The system sends automatic reminders for upcoming due dates, helping tenants stay on top of their payments.

Digital receipts provide records of rent status and reduce potential disputes over payments.

Document management

If a landlord needs to initiate the eviction process in Nevada, having all tenant-related documentation in one place simplifies preparation for court. Azibo's centralized document management feature helps by organizing key records like lease agreements, payment histories, and communication logs in a secure, easily accessible location. This saves time and strengthens the landlord's position by ensuring all key documentation is available for legal proceedings.

Maintenance management

Maintenance issues can sometimes lead to disputes between landlords and tenants. For instance, a tenant might withhold rent if a landlord fails to address a repair request. If a tenant decides to do this, they must follow specific legal steps, including providing written notice.

Azibo's maintenance and messaging capabilities help by documenting requests and providing a record of interactions. This can prevent misunderstandings and reduce the likelihood of disputes escalating to eviction proceedings.

Eviction laws in Nevada

Understanding Nevada's eviction laws helps protect both landlords and tenants. Knowing the legal grounds for eviction, notice periods, and the step-by-step process helps keep all parties informed.

For landlords, following these procedures helps verify you're following the law when dealing with problematic tenants. Conversely, for tenants, knowing your rights can help renters respond appropriately if faced with an eviction notice.

While evictions are sometimes necessary, they can be avoidable. Clear communication, proper documentation, and quick attention to issues can help both parties maintain a positive rental relationship. By understanding Nevada's eviction laws, you'll have the insight to handle challenges in the rental process, whether you're providing housing or calling it home.

Nevada eviction laws: FAQs

What is the seven-day no-cause eviction in Nevada?

A seven-day no-cause eviction allows Nevada landlords to terminate a month-to-month rental agreement without providing a specific reason.

Can you stop an eviction in Nevada?

Yes, you can stop an eviction in Nevada. Tenants can prevent an eviction by complying with the notice requirements, such as paying overdue rent within the notice period. Tenants can also contest the eviction in court by filing an affidavit and presenting their case at a hearing.

How soon can you be evicted in Nevada?

Nevada evictions can begin as soon as seven days after the tenant receives a notice for nonpayment of rent. For other types of evictions, like lease violations, the process usually starts with a five-day notice. The exact timing depends on the reason for eviction.