Please go to our Forms page for eviction forms a basic Landlord Guide for Evictions.
Being a landlord has many responsibilities. NRS 118A.240 to NRS 118A.300 outlines the obligations of a landlord. These include security deposits, disclosure, habitability of a dwelling unit, and notice of rent increases. You will find further miscellaneous rights and obligations of the landlord from NRS 118A.320 to NRS 118A.340.
The result of a summary eviction is limited to evicting a tenant only. If any money is owed to the landlord, the landlord must seek relief by other means (small claims or formal civil complaint). If, during the summary eviction process, the tenant is ordered to pay their rent to prevent the eviction, it is not considered a judgment against the tenant.
There are many important things to remember in the eviction process. It is important to follow the instructions for service.
Notices of less than 11 days are calculated in "judicial days" so they do not include the date of service, weekends, or holidays.
Every eviction notice must include the date of the service which should match the date the notice is served or posted. It is very important to follow the instructions for service. The forms referenced below are available on our Forms Page. Many of the forms are available helpful packets.
A FIVE-DAY NOTICE TO PAY RENT OR QUIT is used when a tenant is in arrears in rent, the landlord may start the eviction process by serving an eviction notice to the tenant that gives the tenant a specific amount of time to pay the rent or vacate the premises. The type of notice depends on whether the tenant is a monthly or weekly rental, and the duration of the time the tenant has been on the premises. Either an individual or a business may be evicted for non-payment of rent. Remember, this is for nonpayment of rent only. This is not for nonpayment of deposits, etc. The notice must include a Tenant's Rights Clause (see below).
When a tenant violates the lease, the landlord may start the eviction process by serving a FIVE-DAY NOTICE TO PERFORM LEASE CONDITION OR QUIT on the tenant listing the specific violation(s) and giving the tenant a specific amount of time to correct the violation. After the time has expired and the tenant has not resolved the problem, the landlord must serve a second notice, a FIVE-DAY NOTICE TO QUIT FOR UNLAWFUL DETAINER on the tenant that advises the tenant that he/she is unlawfully detaining the premises. This type of summary eviction is only for individuals, not businesses. A formal civil eviction complaint must be used to evict a business tenant for a lease violation.
A THREE-DAY NOTICE TO QUIT FOR NUISANCE is intended for termination of a tenancy for cause. Upon expiration of this notice, a FIVE-DAY NOTICE TO QUIT FOR UNLAWFUL DETAINER must be served on the tenant that advises the tenant that he/she is unlawfully detaining the premises.
When a landlord wants to end a contract with the tenant and the lease period has expired, the landlord must start the eviction process with a notice that advises the tenant when the landlord wants the property to become available. No reason is required for this notice. For a SEVEN-DAY NO CAUSE NOTICE , the tenancy must be weekly and not in excess of 45 days. Otherwise, use a THIRTY-DAY NO CAUSE NOTICE. Upon expiration of this notice, a FIVE-DAY NOTICE TO QUIT FOR UNLAWFUL DETAINER must be served on the tenant.
A FIVE-DAY TENANCY AT WILL NOTICE is intended for instances where there is no lease agreement and no rent or other consideration is paid to the landlord. Upon expiration of this notice, a 5-Day Unlawful Detainer Notice must be served.
A tenant's 30-day notice to the landlord of the tenant's intent of leaving the property can be used by the landlord as the initial notice. If the tenant has not voluntarily left by the due date, the landlord must serve a second notice (unlawful detainer notice) to the tenant that advises the tenant that they are unlawfully remaining on (detaining) the premises. This type of summary eviction is only for individuals, not businesses. A formal civil eviction complaint must be used to evict a business tenant for no cause.
Important, a FIVE-DAY NOTICE TO QUIT FOR UNLAWFUL DETAINER is required following the expiration of a 3, 5, 7, or 30-day notice as noted above. This notice must include a Tenant's Rights Clause (see below)
If you have properly served the tenant with the required notices, the tenant has not filed an answer, and the tenant remains on premises, you must file a COMPLAINT FOR UNLAWFUL DETAINER with the Court.
Tenant's Rights Clause
"You (Tenant) are advised that you have the right to contest this notice by filing, within the time stated for the payment of rent or surrender of premises, an affidavit (answer) with the Justice of the Peace in Storey County, stating that you are not in default in payment of rent, that you have tendered payment, or that you are not guilty of unlawful detainer." NRS 40.253 and NRS 40.254
Important Message for Landlords
If the tenant does not file an affidavit (answer) by noon after the expiration of a notice (as above), the landlord must file summary eviction documents for the eviction to proceed. The landlord may not file the documents before the expiration of the applicable notice period. If the landlord fails to disclose the noon deadline in the notice's Tenant's Rights Clause, the landlord must wait until the business day following the expiration of the notice period to file.
If the tenant files an affidavit (answer) with the justice court contesting the eviction, the eviction may not proceed until a hearing is held. A hearing date will be set approximately 1 (1) week from the date the landlord filed the complaint for summary eviction. Both parties will be sent a notice to appear by mail.
The tenant's affidavit (answer) expires 30 calendar days after the answer period allowed by the notice. If a landlord complaint is not filed within thirty calendar days after the expiration of the applicable notice, the notice will be considered expired and a new notice will be required before the landlord can proceed with a summary eviction.
If the landlord is advised by the judge during the eviction hearing that the tenant has been given time to vacate the premises, the landlord must notify the court when the time has expired if the tenant has not vacated. Otherwise, the eviction will not be processed.