If you’re a landlord in Nevada, it’s important to have an understanding of state laws when it comes to the eviction process. Since each state has their own set of rules and regulations, it’s important to familiarize yourself with your local state’s laws in order to avoid legal hot water. 

While no landlord wishes to be put in a situation where they must evict a tenant, sometimes it is necessary. When this happens, it is important to be prepared and follow the legal proceedings as accurately as possible. 

If you want to learn more about Nevada’s eviction laws, keep reading to see our comprehensive guide.

Notice for Lease Termination

In Nevada, it is illegal to evict a tenant without cause. Be sure to always check the Nevada landlord tenant law in order to make sure you have just cause for an eviction. 

Each legal reason for eviction has its own type of notice that must be provided by the landlord prior to beginning the eviction process. 

The reasons and their respective notices are as follows:

• Failure to pay rent: If a tenant fails to pay rent and the landlord wishes to evict them, they must provide the tenant with 7 days notice to either pay the rent that is due in full or to vacate the property. 
• No lease, or end of lease: If the lease has ended or there is no lease, the landlord may evict the tenant. They must first provide the tenant with 30 days notice. 

• Lease violation or failure to uphold responsibilities as a tenant: If a tenant fails to uphold their end of the lease agreement, landlords must provide the tenant with 5 days notice to either fix the issue or move out. 
• Illegal Activity: If the tenant has engaged in illegal activities, then the landlord may evict them with 3 days notice without providing them with an opportunity to repair the issue. 

Serving the Eviction Notice

A landlord has 3 options when it comes to how they wish to deliver the written eviction notice to the tenant. Their options are:

• Providing a copy of the notice to the tenant in person
• Leaving a copy of the notice with a person of suitable age who lives with the tenant, in addition to mailing a copy. 
• Posting the notice on the front door of the property in addition to mailing a copy to the tenant.

Attending the Court Hearing

A landlord in Nevada can only file a complaint with the court if the tenant files an affidavit contesting the eviction. Upon this filed complaint, a summons will be served to the tenant. This can be delivered by the sheriff, deputy sheriff, or anyone who is not involved with the case and is over 18. 

The methods that the complaint can be served are as following:

• Serving a copy of the complaint to the tenant in person
• Leaving the copy with a person who is of suitable age and lives with the tenant.

The affidavit filed by the tenant gives them an opportunity to explain to the court why they feel they should not be evicted. If the cause for eviction is due to non payment of rent, then the tenant has 7 days from their receipt of the notice to file their affidavit. 

For all other eviction types, they will need to file the affidavit within the timeframe of their given notice. Once the affidavit, the summons and complaint have been filed, the eviction hearing will be scheduled. 

If the tenant fails to appear at the eviction hearing, or fails to file their affidavit within the allotted time period, then the judge will rule in favor of the landlord by default. This means that the tenant must move out.

If the tenant does appear before the judge, you will have a proper hearing. As the landlord, it is important that you prepare your evidence and statement ahead of time in order to ensure the judge rules in your favor when you appear in court.

The landlord or the tenant may request a 5 day continuance from the court. The tenant may be given a continuance up to 30 days if that is the time needed to gather a witness to speak on their behalf. 

At the end of the hearing, if the judge rules in favor of the landlord, then an order for removal will be issued, continuing the eviction process. Tenants have 10 days after the ruling to appeal it. 

Issuing the Order For Removal

The Order for Removal refers to the final notice given to a tenant to move out of the property before being forcibly removed. 

If the eviction is due to the failure to pay rent, the Order for Removal will be issued 5 days after the ruling is made. This will give the tenant one last opportunity to pay the rent that is owed and avoid being evicted. If the amount is not paid within 5 days, then the eviction process will continue. 

For all other reasons for eviction, the Order of Removal will be issued immediately after the judge rules in the landlord’s favor. 

Possession of Property is Returned to the Landlord

If the eviction inquisition is due to the failure to pay rent, the sheriff will post the order for removal on the door of the rental home within 24 hours of receiving the order from the court. The tenant will have 24 hours to remove their belongings and vacate the home before being forcibly removed by law enforcement. 

While Nevada legislation doesn’t specify how much time a tenant will have to move out after the order for removal, any tenant in this situation should be prepared to move out immediately. 

If you have any further, specific questions on the eviction process in Nevada, or breaking a lease in Nevada, you can always enlist the help of a qualified and licensed local attorney. You can also seek the help of the reputable and knowledgeable team at B&R Property Management. 

Disclaimer: This blog post should not be used as a replacement for legal advice from a licensed attorney in Nevada. Laws can often change, and this post may not be updated at the time that you read it. 

If you have any further questions about legal proceedings in Nevada, or any other aspect of your property management needs, please do not hesitate to contact our team.