Guide to the Eviction Process in Nevada

No-Cause Notices

Evictions in Nevada:

Evictions are governed by the provisions of Chapters 40 – Actions and Proceedings in Particular cases Concerning Property, 118A – Dwellings, and 118B – Manufactured Home Parks of the Nevada Revised Statutes.

All evictions must begin with a NOTICE TO TENANT. There are several types of notices to choose from. You may not always be able to use the quickest notice available. You must choose one that applies to the situation. There are separate notices for manufactured homes and non-manufactured homes. A standard eviction can cost $100 – $120 from start to finish. Evictions take 10-180 days depending on the type of notice served.  Tenants can view helpful pages when they are being evicted> Tenants Help Pages

 

 

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DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN NEVADA

Nevada Complaint for Summary Eviction

NEVADA FORMS

 

 

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DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN NEVADA

Nevada Complaint for Unlawful Detainer

NEVADA FORMS

 

 

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The Nevada Rental Agreement

Nevada Residential Landlord Tenant Rental Lease Forms and Agreements Package

 

 

 

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What happens when you file an eviction in Nevada?

After waiting the number of days in the Notice to Quit or other notice you used. You are instructed to take it to Justice Court in the County the property is located in and file for the Summary Eviction. Court requires that their paperwork be typed–Justice Court’s filing fee is $49.00. After filing with the court, you will be handed an Instruction Sheet to fill out. You are to file the Instructions to the Constable cover sheet with the constable’s office, and will need to pay the Lock-Out fees ($42.00 plus $4.00/mile).

 

Contents Of The Notice

The thirty-day or seven-day “no cause” notice should tell the tenant:

1. The date the landlord expects the tenant to move, which must be at least thirty days after the date the thirty-day notice is served (NRS 40.251(1)(b)(1)(II)) or seven days after the date the seven-day notice is served (NRS 40.251(1)(b)(1)(I)); and
2. If the tenant pays rent by the month or some other time period (but not by the week), and if the tenant is at least sixty years old or has a physical or mental disability, that the tenant can request to remain on the rental property for an additional thirty days by writing to the landlord and providing proof of age or disability (read “Responding to the Notice” below for more information) (NRS 40.251(2)).

The Five-Day Notice to Quit for Unlawful Detainer should tell the tenant:

1. That the tenant can oppose the notice by filing an affidavit/answer with the court no later than the fifth full judicial (business) day after the date the notice was served, (NRS  40.254(1)(c)); and
2. The name of the court that has jurisdiction where the tenant can file an affidavit/answer to oppose the notice (NRS 40.254(1)(b)); and
3. That if the court decides the tenant is guilty of an unlawful detainer, the court could issue a summary order, directing the sheriff or constable to post the order on the premises within 24 hours after the order is received by the sheriff or constable, and that the sheriff or constable will remove the tenant between 24 and 36 hours after posting (NRS 40.253(b)(2)); and
4. That a tenant can file an expedited complaint with the court if a landlord unlawfully locks the tenant out of the rental property or willfully interrupts an essential item or service (such as water, electricity, air conditioning, and the like) (NRS 40.253(3)(b)(3)).

If the landlord wants to use the “formal” eviction process (rather than the “summary” process), the landlord would only have the first thirty-day or seven-day notice to quit served.  The landlord would then file a summons and complaint and have those served.  Click to learn about Filing a Formal Eviction.

Responding To The Notice

When the tenant receives the thirty-day or seven-day “no cause” notice, the tenant can:

1. Move; or
2. Mail the landlord a written request to stay on the rental property for an additional thirty days past the expiration of the thirty-day notice (but only if the tenant does not pay rent by the week), along with proof that tenant is at least sixty years or has a physical or mental disability; or
3. If the landlord rejects tenant’s request, file Tenant’s Motion to Continue in Possession (Elderly or Disabled) (which is available at the Self-Help Center or by clicking one of the links below), asking the court to give the tenant thirty additional days to move; or
4. Wait to receive the Five-Day Notice to Quit for Unlawful Detainer (which can be served only after the first thirty-day or seven-day notice period runs).

When the tenant receives the Five-Day Notice to Quit for Unlawful Detainer, the tenant can, no later than the fifth full “judicial day” (judicial days do not include the date of service, weekends, or certain legal holidays):

1. Move; or
2. Mail the landlord a written request to stay for an additional thirty days past the expiration of the thirty-day notice (but only if the tenant does not pay rent by the week), along with proof that tenant is at least sixty years old or has a physical or mental disability; or
3. If the landlord rejects the tenant’s request, file  Tenant’s Motion to Continue in Possession (Elderly or Disabled) (which is available at the Self-Help Center or by clicking one of the links below), asking the court to give the tenant thirty additional days to move; or
4. File an affidavit/answer with the justice court to oppose the notice and get a hearing with the judge; or
5. File a motion with the court, asking the court to “stay” (delay) the eviction for up to ten days (pursuant to NRS 70.010).

CAUTION!  Sending a written request to your landlord or filing a motion to continue in possession will not stop the eviction process.  If you received a Five-Day Notice to Quit for Unlawful Detainer, you probably should file an affidavit/answer if your landlord has not yet responded to your written request or if the court has not acted on your motion.

 

Q&A – “No Cause” Notices

When can a landlord use a “no cause” eviction notice?

• A landlord can use a “no cause” notice when there is no lease agreement.
• A landlord can also use a “no cause” notice when the rental agreement between the landlord and tenant does not establish a definite term, so the tenancy is from week to week or month to month. (NRS 118A.210(2).)
• After the lease agreement expires, if the tenant remains on the property with the landlord’s consent but does not sign a new lease agreement with a definite term, the tenant becomes a “holdover” tenant and converts to a week-to-week tenancy if the tenant pays weekly or a month-to-month tenancy if the tenant pays monthly. (NRS 118A.470.) A landlord can use a “no cause” notice for a holdover tenant.
• A landlord may also use a “no cause” notice in the final period of a lease agreement. For example, if a lease ends on December 31, a landlord might have the tenant served with a 30-day “no cause” on December 1 to alert the tenant that the lease will not be renewed and that the tenant will be expected to leave at the end of the lease term, by December 31. (Note that under the law, the landlord does not have to issue a “no cause” notice just because the lease term end is approaching, but the landlord may.)

Must the landlord give the tenant an additional thirty days on the property if the tenant asks for it?

• Only if the tenant is sixty years old or older or has a physical or mental disability, requests the additional time in writing, and provides documentation proving tenant’s age (such as a driver’s license) or disability (such as a social security award letter).  (NRS 40.251(2).)
• If the tenant requests the additional thirty days and the landlord refuses, the tenant can file a motion with the court to get the additional time.  The court can enter an order allowing the tenant to stay on the rental property for an additional thirty days after the initial thirty-day notice expires (see “Responding to the Notice” above).  (NRS 40.251(4).)

If the landlord allows the tenant to stay on the property for an additional thirty days (or if the court issues an order allowing the tenant to stay), does the tenant have to pay rent during that time?

• Unless the court orders something else, the landlord and tenant will continue to have the same rights and obligations that they had before the additional thirty-day period was granted, including any obligations regarding payment of rent.  (NRS 118A.310.)
• If the tenant fails to pay rent, the landlord could serve the tenant with a Seven-Day Notice to Pay Rent or Quit and start an eviction based upon tenant’s nonpayment (unless the court has made some order changing tenant’s payment obligation).

What are some of the reasons an eviction based upon a thirty-day or seven-day “no cause” notice might not be appropriate or might be denied by the court?

• A valid lease exists and is ongoing past the thirty or seven days, in which case the landlord cannot evict the tenant without cause.
• The tenant is at least sixty years old or has a physical or mental disability (and is not paying rent by the week) and has requested to stay an additional thirty days on the rental property.
• The notice the landlord served might not have complied with Nevada law, perhaps because it did not contain the required information, did not identify the correct court with jurisdiction, did not notify the tenant of tenant’s right to oppose the notice, or any other number of possible defects.
• The landlord’s notice might not have been served on the tenant by one of the methods required by Nevada law.
• The landlord’s eviction case violated the federal Fair Housing Act or Nevada law forbidding discrimination in housing based upon race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex.  (NRS 118.100.)
• The landlord is retaliating against the tenant because tenant, for example, complained to a governmental agency or inspector about the condition of the rental property, complained to the landlord or police about a crime on the property, or refused to agree to regulations adopted by the landlord.  (NRS 118A.510.)

What to expect after you file in Justice Court?

Once the order is signed by the judge, you will receive usually in the mail, the signed order and will assign to a deputy that day. The notice will be posted the next business day and we will execute the lock-out for that property the following business day. Locks must be changed at the time the deputy puts the seal on the door. Deputy will contact you between 8:00 a.m. – 11:00 a.m. the day of the scheduled lock-out to set-up a time to meet.

 

After Eviction Is Completed?

When an eviction is completed, the Landlord must store the tenants property for 30 days. They may not charge back rent, but can charge a reasonable storage fee. The tenant has to make arrangements with the Landlord to pick up their property. The Landlord has to notify the tenant in writing, prior to the last 14 days, by CERTIFIED MAIL,that he is disposing the property after the time has lapsed.

 

Cancel Lockout?

It is suggested, if someone moves out, go ahead with the eviction process to avoid any problems that may arise if tenant tries to move back in.

 

Cancel Eviction/tenant paid?

When deputy calls to follow-up with the lock-out, inform him that the tenant has paid and no eviction will be necessary. Constable’s Office can not accept cancelation of evictions over the telephone, please contact the Constable’s Office for further instruction.

 

Order to Rescind?

If you cancel the eviction with Deputy Constable, then change your mind, you will have to start eviction process from the beginning.

After reading the above information, if you are still unsure how to proceed, you may contact an attorney for legal advice.

Henderson Constable Office	Henderson Justice Court	Nevada Legal	Landlord/Tenant
(702)455-7940	(702)455-7980	(702)386-1070	(702) 386-0404