Eviction Process in Nevada: 6 Simple Eviction Steps for Landlords

Evicting a tenant is never an easy decision, but sometimes it becomes necessary to protect your property or enforce the terms of a lease agreement. In Nevada, eviction is a legal process that must be handled carefully to avoid violating tenant rights and exposing yourself to legal risks. Nevada’s landlord-tenant laws, outlined in NRS 40, set specific procedures that landlords must follow to evict a tenant, whether due to non-payment of rent, lease violations, or other causes.

This guide will walk you through the steps of the eviction process in Nevada, the different types of notices required, and how to handle potential tenant defenses.

Step 1: Determine grounds for eviction

Before starting the eviction process, it’s essential to understand the legal grounds on which a landlord can evict a tenant. In Nevada, common reasons for eviction include:

• Non-payment of rent: If a tenant fails to pay rent, you may initiate eviction proceedings after a grace period.
• Lease violations: This can include unauthorized occupants, property damage, prohibited behavior, or failure to maintain the premises as agreed in the lease.
• Nuisance or illegal activity: Tenants who engage in illegal activity or cause a nuisance that disturbs other tenants can be evicted.
• No-cause eviction: For month-to-month tenancies, or at the end of a tenancy term that is expiring, landlords may terminate the lease without cause by providing adequate notice.

Landlords cannot evict tenants for reasons that would be considered discriminatory or retaliatory, such as filing a complaint against the landlord or requesting necessary repairs.

Step 2: Issue the correct eviction notice

The eviction process in Nevada begins with the landlord providing the tenant with a written eviction notice. The type of notice depends on the reason for eviction. Here are the main types of eviction notices:

1. 7-Day Notice to Pay Rent or Quit (Non-Payment of Rent) This notice is used when a tenant has failed to pay rent. It gives the tenant seven judicial days (based on the court’s business days) to either pay the rent owed or vacate the property. If the tenant pays the overdue rent within the seven days, the eviction process is halted.  The 30-Day Notice to Pay Rent or Quit is also used in instances where tenants fail to pay rent and has a thirty calendar day timeframe for tenants to comply, but only certain properties are required to use this instead of a 7-Day notice.
2. 5-Day Notice to Cure or Quit (Lease Violation) This notice is issued when a tenant has violated the terms of the lease (such as unauthorized pets or occupants). The tenant is given five judicial days to correct the violation or move out. If the tenant fixes the violation within the timeframe, the eviction is stopped.
3. 3-Day Nuisance Eviction Notice If a tenant is engaging in illegal activity, disturbing other tenants, or creating a nuisance, you can issue a 3-day notice requiring the tenant to vacate within three judicial days. This type of eviction does not provide the tenant with the opportunity to fix the issue—they must leave within three days to avoid further eviction proceedings.
4. 30-Day No-Cause Eviction Notice For month-to-month tenancies, landlords may terminate the lease without providing a reason; however, they must give the tenant at least the amount of notice that is required in the lease agreement.  Using this notice allows for a landlord to start the eviction process if a tenant refuses to vacate after the expiration of the term and if proper notice was provided under the lease agreement.

Each notice must clearly state the reason for eviction, the amount of time the tenant has to correct the issue (if applicable), and what action will be taken if the tenant does not comply. Be sure to deliver the notice properly by using either a licensed process server, a sheriff or constable, or the agent of an attorney.

Step 3: File an eviction complaint with the court

If the tenant fails to comply with the eviction notice (e.g., they do not pay rent or move out within the notice period), you can then file an eviction complaint with the local justice court. This begins the legal eviction process.

When filing the complaint, you must include:

• A copy of the lease agreement.
• A copy of the eviction notice you served.
• A document called a “complaint” that lists your arguments and requests an eviction order from the court.
• Any other court-required forms, based on your jurisdiction.

The court will either grant the eviction straight away or set it to a hearing, depending on whether the tenant filed an answer to the notice with the court.

Step 4: If a hearing is set, attend the eviction hearing

If the tenant files an answer, the court will schedule an eviction hearing. During the hearing, both the landlord and the tenant will have the opportunity to present evidence supporting their claims. The tenant may present defenses such as:

• I tried to pay the rent but my landlord refused it.
• The notice was not served correctly.
• The landlord violated habitability laws by failing to maintain the property.
• The eviction is retaliatory (for example, the tenant filed a complaint about living conditions).

The landlord will need to provide evidence that supports their reason for eviction, such as proof of non-payment of rent, evidence of the lease violation, or testimony from witnesses.

Step 5: Lockout

After the hearing, the court will issue a judgment. If the court rules in favor of the landlord, it will issue an eviction order, which gives the landlord the legal right to take possession of the property. The lockout must be performed by the local sheriff or constable.

Once the lockout order is posted on the tenant’s door by the sheriff or constable, the tenant must vacate the property immediately. If the tenant refuses to leave, law enforcement will forcibly remove them from the premises.

Step 6: Recovering unpaid rent or damages

If the eviction was for non-payment of rent or if the tenant caused damage to the property, you may be able to pursue additional legal action to recover unpaid rent or repair costs. Landlords can file a separate lawsuit for damages in small claims court if the amount is less than $10,000, other in other courts if the amounts are higher.

It’s important to keep detailed records of rent payments, damages, repair costs and invoices, and any communication with the tenant to support your claim in court.

Tenant Defenses to Eviction

In Nevada, tenants have several legal defenses that they may raise during the eviction process. Landlords should be aware of these defenses to prepare for potential disputes:

1. Failure to Maintain a Habitable Premises: If the landlord failed to maintain the rental property in a habitable condition (for example, by not providing heat, water, or proper repairs), the tenant may argue that they were justified in withholding rent or breaking the lease.
2. Retaliatory Eviction: If the tenant recently exercised a legal right, such as filing a complaint about living conditions or requesting repairs, they may claim that the eviction is retaliatory and therefore illegal.
3. Improper Notice: If the landlord did not serve the eviction notice correctly or did not provide the tenant with the appropriate amount of time to respond, the eviction may be delayed or dismissed.
4. Improper Fees: If a tenant claims that the fees the landlord has charged are improper, the landlord will need to prove otherwise. The lease agreement should outline what fees are able to be charged and in what amount and situation so that this issue can be avoided or resolved by referring to the lease in court.

Best Practices for Landlords

To minimize the risk of disputes and ensure that you follow the correct legal procedures during an eviction, it’s important to adopt best practices:

• Document Everything: Keep detailed records of rent payments, tenant communications, and any lease violations. This documentation will be crucial if the tenant contests the eviction.
• Follow Proper Notice Procedures: Always issue eviction notices in writing, and make sure you follow the correct formats, timelines and delivery methods required by Nevada law.
• Consult Legal Counsel: Evictions can be complicated, especially if the tenant raises legal defenses. Consulting with an attorney can help you navigate the legal process and ensure that you comply with state laws.

Maintain Open Communication: Before resorting to eviction, try to work out issues with the tenant through open communication. Eviction should be a last resort, and many disputes can be resolved without going to court.

Conclusion

Evicting a tenant in Nevada is a legal process that requires careful attention to detail and strict adherence to state laws. By following the proper procedures, issuing the correct eviction notices, and documenting all interactions with your tenant, you can successfully navigate the eviction process while minimizing the risk of disputes or legal challenges. If in doubt, consult with a legal professional to ensure that you’re taking the right steps to protect your property and your rights as a landlord.

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