What You Need To Know About Eviction in Nevada
A Nevada landlord must follow proper legal procedures to be able to evict a tenant. Learn more about those requirements here.
Written by Melanie Krieps Mergen
Reviewed by Melanie Reiff
A
Nevada
landlord must follow proper legal procedures to be able to evict a tenant. The first step involves issuing a written notice that, if possible, allows the tenant to correct the stated problem and avoid eviction.Getting a written eviction notice from your landlord can be a scary experience, but depending on your circumstances, you might still be able to avoid it. Knowing landlord-tenant laws ahead of time can make it easier for you to assert your legal rights if you find yourself up against an eviction lawsuit.
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Nevada eviction 101: three ways you can be evicted
A landlord in Nevada can’t just evict you for any old reason. It has to be permissible based on Nevada landlord-tenant laws, fair housing laws, and the terms of your lease agreement.
There are two ways a landlord can legally evict a tenant in Nevada: the summary eviction process or the formal eviction process. With either process, your landlord’s first required step is the same: they have to give you proper written notice.
How much notice your landlord must give depends on their reason for attempting to evict you. Correcting the problem within the specified time period can stop the eviction.
Reasons you could be evicted as a tenant in Nevada include:
- Nonpayment of rent: Typically requires a seven-day notice, allowing the tenant to pay the amount of rent due in full to avoid eviction.
- Violating lease terms: Requires a five-day notice so the tenant can remedy the problem within that time, if possible.
- Nuisance/illegal activity: Here’s how Nevada Revised Statute NRS 40 2514(4) defines nuisance: “conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures.” Illegal activity on the rental property, like manufacturing or selling illegal drugs, could also constitute eviction. Under these circumstances, a landlord only needs to give a three-day notice initially.
If you have remained on the property after the lease has expired, your landlord might be able to proceed with a “no-cause eviction,” which, as the name implies, doesn’t require a reason. With a no-cause eviction in Nevada, week-to-week tenants must have seven days’ written notice. Other tenants must have at least 30 days’ notice.
Once time is up, if you’ve decided not to move out and the stated problem hasn’t been remedied, a landlord can move on to the next step of whatever eviction process they choose.
Pro Tip Landlord-tenant laws can vary from place to place and be subject to change, not to mention downright complicated—especially in Nevada! Don’t hesitate to seek legal counsel if you need a better understanding of your particular situation.
A timeline of eviction in Nevada
Nevada summary eviction timeline
In most cases, landlords opt to use the summary eviction process because it tends to be faster and less costly than the formal eviction process.
Under the summary eviction process, other than in situations involving the nonpayment of rent, a landlord must send you a second eviction notice within the proper time.
Step | How long it typically takes | What to expect |
|---|---|---|
Written notice from landlord | Typically 3-30 days, depending on circumstances | Landlord will issue written notice requiring action within a certain period |
Second written notice, if required | Varies | In instances other than the nonpayment of rent, a landlord is required to send the correct second eviction notice |
Tenant Answer | 3-30 days, depending on the type of notice given | To fight an eviction in court, a tenant must file an Answer within a certain number of business days, depending on the reason for eviction and how many days your notice gave you. If no Answer is filed, a no hearing is set and the judge will issue an eviction order |
Summons and Complaint | Several days | Once a tenant Answer has been filed, a hearing is set and the court will notify both parties |
Hearing | Varies, typically within seven days of filing Answer | A hearing will take place and a judge will evaluate the landlord’s and tenant’s arguments and make a ruling |
Order for removal | Varies | If the judge has ruled in favor of the landlord, they will issue an order for removal. You'll receive a deadline to vacate the rental property before being forcibly removed by law enforcement |
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Your landlord can still proceed with a formal eviction if the eviction is denied at the summary eviction hearing.
Nevada formal eviction timeline
The main factor that distinguishes the formal eviction process from the summary eviction process is that it's subject to stricter rules—and more of them. Unlike a summary eviction, a landlord can seek money damages rather than pursue them in a separate lawsuit. Evictions from certain types of properties, like mobile homes, are only possible through the formal eviction process.
While many factors can affect how long a formal eviction procedure takes, here’s an overview of how the process could typically go:
Step | How long it typically takes | What to expect |
|---|---|---|
Written notice from landlord | Typically 3-30 days, depending on circumstances | The landlord will issue written notice requiring action within a certain period |
Summons and Complaint | Several days | Once an eviction lawsuit has been filed, an authorized person will serve you with papers going over the details of the case |
Tenant Answer | 3-30 days, depending on the type of notice given | To fight an eviction in court, a tenant must file an Answer within a certain number of business days, depending on the reason for eviction and how many days your notice gave you. If no Answer is filed, a hearing will likely not be scheduled. |
Hearing | Varies, typically within seven days of filing Answer | A hearing will take place and a judge will evaluate the landlord's and tenant's arguments and make a ruling |
Order for removal | Varies | If the judge has ruled in favor of the landlord, an order for removal will be issued and you'll be given a deadline to vacate the rental property before you're forced out by law enforcement |
How to resist eviction in Nevada
So, you've received your first eviction notice. But that doesn't necessarily mean you'll end up being evicted. Depending on your circumstances, here are some possible actions that could help you avoid getting evicted:
- Address the reason for the eviction: The most straightforward way to avoid eviction is by addressing the reason stated in your notice within the required amount of time.
- Identify procedure errors: Getting a handle on Nevada's landlord-tenant laws and knowing what your own lease agreement says can help you determine whether what your landlord is asking of you is actually your responsibility. It would warrant eviction if you didn't follow through. It will also help you identify when your landlord has violated or skipped important legal steps in the eviction process
- Consider mediation: If you can settle the dispute between you and your landlord outside of a courtroom, you can save time and money. (If you opt to mediate outside of court, it's still a good idea to get whatever agreement you come to in writing.)
- Prepare for your court date. If a tenant doesn't show up to their court date, it's common for eviction lawsuits to rule in the landlord's favor. Be ready to clearly and briefly explain why you shouldn't be evicted from a legal standpoint. Be prepared with all the necessary paperwork—this could include your Answer, payment records, or other documents needed to make your case, as well as making the proper preparations to include witnesses
- Identify discrimination: If you can demonstrate that the reason for your landlord evicting you is discriminatory based on your race, gender, national origin, or another protected class under fair housing laws, you might be able to get your eviction lawsuit dismissed. You can also consider filing a complaint at the state level or with theUnited States Department of Housing and Urban Development (HUD).
You can find more information and resources regarding the eviction process in Nevada in
this handbook
made available via the Nevada Judiciary
website. How to save money on Nevada car and renters insurance
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Why do I have an eviction on my record if I’ve never been evicted?
If you have an eviction incorrectly listed on your record, or if your landlord filed an unsuccessful eviction lawsuit against you, you might be able to get the record of the case sealed or expunged. Getting proper legal counsel can help you decide what action to take for your specific situation.
Can you be evicted in Nevada during coronavirus?
The CDC’s COVID-19-related eviction moratorium that would apply in Nevada is no longer in effect as of August 2021. However, other resources like emergency rental assistance at the city and state levels might still be available to you. You can take a look at statewide
Nevada resources
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