If you are a landlord in Nevada, its crucial that you thoroughly understand all landlord-tenant laws, including the eviction process. From serving the eviction notice to attending the court hearing, there are many important laws and procedures that you must follow.
Thankfully, we have written the following guide to help you navigate this process.
A Guide to the Eviction Process in Nevada
1. Serving the Eviction Notice in Nevada
The eviction process in Nevada begins with serving a written eviction notice. You can serve this yourself, or you can request for a sheriff, constable, process server or agent for an attorney to serve the tenant with the written notice.
The type of eviction notice to use depends on the reason and the type of lease agreement. The following are the different types of eviction notices a landlord can use:
- 30-Day Notice to Vacate. This eviction notice applies to tenants who rent on a month to month basis. This gives the tenant a maximum of 30 days to move out from the time that the notice is served.
- 7-Day Notice to Quit. For all other lease types, you must serve this notice when evicting a tenant for late rent payment. This will give the tenant 7 judicial days to pay the balance or move out.
- 5-Day Notice to Comply or Vacate. You must serve this to a tenant who violates a term of the lease agreement. An example of a violation is the failure by the tenant to keep their rented premises reasonably clean and sanitary. This notice gives the tenant the option of either fixing the violation or moving out within the 5-day period.
- 3-Day Notice to Vacate. This notice applies to tenants who engage in illegal activity on the rental property. It gives the tenant 3 days to move out. The tenant does not get an opportunity to fix the issue.
- 5-Day Notice to Vacate. This is an unlawful detainer notice for possession of the property. This notice is served to a tenant who refuses to comply or vacate after receiving their initial eviction notice.
2. Summons and Complaint
Unlike some other states, Nevada landlords must only file a lawsuit if the tenant objects to their eviction.
The summons and complaint must be served to the tenant, and it is often carried out by either a sheriff or a constable. This must be done in either of the following two ways.
- Giving a copy to the tenant in person.
- Leaving a copy with another occupant in the rental property.
Nevada law doesn’t specify how quickly the summons and complaint must be served on the tenant prior to the hearing.
3. Tenant Defenses
After being served an eviction notice, a tenant who objects to their eviction can file an affidavit. The following are some defenses the tenant may give:
- The eviction notice contained substantial errors.
- The tenant has evidence to show that they paid rent on time.
- The eviction was retaliatory or discriminatory.
- The tenant withheld rent due to a habitability issue.
If the tenant fails to file the affidavit within the required timeframe, the court may issue a default judgment in your favor.
4. Court Hearing
A hearing will only occur if the tenant had filed an affidavit with the court. State law doesn’t specify how quickly an eviction hearing will be held. However, it can be as early as 7 days after the tenant has filed the affidavit.
If the tenant doesn’t make an appearance or fails to file an affidavit, the court will most likely issue a default judgment favoring the landlord.
5. Order of Removal
If the judge rules in your favor, they will issue an order of removal to give possession of the property back to the landlord. It serves as the final notice for the tenant to leave the premises.
The tenant will have between 24 hours and 36 hours to move out of their rented premises, otherwise a sheriff may forcefully remove them from the property.
Bottom Line
As a landlord in Nevada, it’s important that you follow the right eviction process when removing a tenant from your property. Do not use self-help means when doing so, such as, shutting down their amenities, locking them out, or removing their belongings.
By having a comprehensive grasp of the state-specific rules and regulations, landlords can protect their rights, minimize potential disputes, and ensure a smooth and lawful eviction process that ultimately benefits both parties involved.
If you still have a question or need help managing your Nevada rental property, aMaxima Realty and Property Management can help. We have over 27 years of experience in managing rental properties in Las Vegas. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.