Eviction Process in Nevada (Ultimate Landlord Guide)

Eviction Process in Nevada (Ultimate Landlord Guide)

B&R Property Management

If you’re a landlord in Nevada, it’s important to have an understanding of Nevada law 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 Nevada law 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

According to Nevada law, it is illegal to evict a tenant without cause. Be sure to always check the landlord-tenant Nevada 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 landlords prior to beginning the formal eviction process. 

The reasons and their respective notices are as follows:

  • Failure in paying rent: If a tenant pays rent weekly and is unable to pay rent, the landlord must provide the tenant with seven day notice to pay the rent that is due in full or to vacate the rental property. 
  • No lease, or end of lease agreement: If the lease has ended or there is no lease, the landlord may evict the tenant. They must first provide the tenant with thirty day notice. 
three people pointing at a contract
  • Lease violation notices or failure to uphold responsibilities as a tenant: If a tenant commits a lease violation, landlords must provide the tenant with 5 days to either fix the lease violation or move out. 
  • Illegal Activity: If the tenant has engaged in illegal activities or unlawful business, then the landlord may evict them with three day notice period without providing them with an opportunity to repair the issue. 

Serving the Eviction Notice

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

  • Providing a copy of the eviction notice to the tenant in person
  • Leaving a copy of the eviction notices with a person of suitable age who lives with the tenant, in addition to mailing a copy. 
  • Posting the written notice on the front door of the rental 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 justice court if the tenant files an affidavit contesting the eviction. Upon this filed objection, 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 eighteen. 

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

  • Serving a copy of the objection to the tenant in person
  • Leaving the copy with a person who is of suitable age and lives with the tenant.
person holding a past due notice

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 seven 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 period. Once the affidavit, the summons and complaint have been filed, the eviction lawsuit hearing will be scheduled. 

If the tenant fails to appear at the eviction lawsuit 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 in the court, you will have a proper eviction 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 tenants may request a five day continuance from the court. The tenant may be given a continuance up to thirty 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 process of eviction. 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 rental unit before being forcibly removed. 

[insert alt text: two people packing furniture]

If the eviction is due to the failure to pay rent, the Order for Removal will be issued five 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 five day notice to quit, then the process of eviction 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 , or lease violation 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 Nevada laws, legal proceedings, or any other aspect of your property management needs, please do not hesitate to contact our team. 

Click-to-Call: 702-454-2561