Eviction Process In Nevada

Evicting a tenant in Nevada means following summary eviction (nonpayment) / unlawful detainer (no-cause or lease violation) in Justice Court (or District Court) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Nevada's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Nevada's summary eviction for nonpayment is governed by NRS 40.253, and unlawful detainer for no-cause or other termination is governed by NRS 40.251, heard in the justice court of the township where the property sits (or district court of the county).

• Nevada's summary eviction procedure for nonpayment of rent is set out in NRS 40.253, applicable to dwellings, apartments, mobile homes, and recreational vehicles with rent reserved monthly or shorter. (Nev. Rev. Stat. § 40.253)
• The case proceeds in the justice court of the township in which the property is located, or the district court of the county, whichever has jurisdiction. (Nev. Rev. Stat. § 40.253)

Lawful Grounds For Eviction

Grounds include nonpayment of rent and no-cause termination of a periodic or at-will tenancy.

• A tenancy may be terminated without cause: a week-to-week tenancy on at least 7 days' notice, other periodic tenancies on at least 30 days' notice, and a tenancy at will on at least 5 days' notice. (Nev. Rev. Stat. § 40.251)
• Nonpayment of rent is grounds for summary eviction after the applicable notice period. (Nev. Rev. Stat. §§ 40.2512, 40.253)

Notice Requirements

Nonpayment notice periods vary by property type (5 to 10 days, or 7 judicial days for most residential property); no-cause notice periods vary by tenancy type (5 to 30 days), with an extension available for tenants 60 or older or with a disability.

• For default in rent, the landlord must serve written notice requiring payment or surrender: 5 days for commercial premises, 7 judicial days for other (residential) real property, and 10 days for a mobile home lot. (Nev. Rev. Stat. § 40.2512)
• For a weekly tenancy of under 45 days with rent reserved by the week or less, the summary-eviction notice period is 4 full days rather than 7 judicial days. (Nev. Rev. Stat. § 40.253)
• No-cause termination notice is at least 7 days for a week-to-week tenancy, at least 30 days for other periodic tenancies, and at least 5 days for a tenancy at will; a tenant 60 or older, or with a disability, may request an additional 30 days. (Nev. Rev. Stat. § 40.251)
• The nonpayment notice must identify the court with jurisdiction and advise the tenant of the right to contest by affidavit and of the possible issuance of a summary removal order with a 24-to-36-hour removal window, referencing NRS 118A.390 on unlawful lockouts. (Nev. Rev. Stat. § 40.253)

Filing The Case

Summary eviction for nonpayment applies to dwellings/apartments/mobile homes/RVs with monthly-or-shorter periodic rent and is filed in the justice court of the township (or district court) where the property is located.

• The summary eviction procedure applies to dwellings, apartments, mobile homes, and recreational vehicles where rent is reserved on a monthly or shorter basis, but notably excludes mobile home lots and recreational vehicle lots in parks. (Nev. Rev. Stat. § 40.253)
• The action is filed in the justice court of the township in which the property is located, or the district court of the county. (Nev. Rev. Stat. § 40.253)

Serving The Tenant

The landlord serves the notice personally where possible; if personal service is unsuccessful, the notice is delivered to the sheriff or constable for service, which fixes the date of service.

• "Day of service" of the eviction notice means the day the landlord personally delivers it, or, if personal service is unsuccessful, the day it is delivered to the sheriff or constable for service. (Nev. Rev. Stat. § 40.253)

The Tenant's Response

The tenant may stop a lockout by filing a sworn affidavit before the removal deadline stating that rent was tendered or that the tenant is not in default.

• A tenant may file an affidavit with the court stating that the tenant has tendered payment of the rent or is not in default in payment; once the landlord receives the filed, stamped copy, the landlord may not lock the tenant out. (Nev. Rev. Stat. § 40.253)

Hearing And Judgment

Filing a contesting affidavit moves the case out of summary procedure and into a hearing; confirm judgment-timing specifics with the justice court.

• If the tenant files a timely affidavit contesting the eviction, the matter proceeds to be resolved by the court rather than through the summary removal order. (Nev. Rev. Stat. § 40.253)

The Writ And Lockout

If the tenant does not contest, the court may issue a summary order for removal that gives the tenant a 24-to-36-hour window before removal; the notice itself must reference the anti-lockout statute, NRS 118A.390.

• If the tenant does not file a contesting affidavit, the court may issue an order directing the summary removal of the tenant, with removal to occur within a window of 24 to 36 hours as stated in the order. (Nev. Rev. Stat. § 40.253)
• The eviction notice must reference NRS 118A.390, Nevada's prohibition on unlawful lockouts, so tenants are informed of that protection even during the summary process. (Nev. Rev. Stat. § 40.253)

Prohibited Practices

Nevada law bars a landlord from removing or excluding a tenant, or willfully interrupting essential services, outside the formal eviction process, and gives the tenant a path to expedited judicial relief.

• A landlord may not remove or exclude a tenant from a dwelling unit, or willfully interrupt essential services such as electricity, gas, or water, except through the lawful eviction process. (Nev. Rev. Stat. § 118A.390)
• A tenant subjected to unlawful removal, exclusion, or interruption of essential services may seek expedited judicial relief to be restored to the premises or to essential services. (Nev. Rev. Stat. § 118A.390)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Nevada property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Nevada attorney, and confirm the current text of any rule cited above with Justice Court (or District Court) or the Nevada legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Nev. Rev. Stat. § 40.253, Nevada Legislature
• Nev. Rev. Stat. § 40.251, Nevada Legislature
• Nev. Rev. Stat. §§ 40.2512, 40.253, Nevada Legislature
• Nev. Rev. Stat. § 118A.390, Nevada Legislature