Eviction Law in Nevada
Nevada law offers strong protections for renters, and that can make legal removal feel like an uphill battle. Still, if you’re armed with the right information and follow proper steps, you can move forward with confidence.
If you’re dealing with a problem tenant in Nevada, now is the time to get clarity. Use this guide to understand your legal footing—and if you need help, we can connect you with a Nevada eviction attorney who knows how to get results.
What Is an Eviction?
Eviction is the legal process a landlord uses to remove a tenant who has violated the lease, usually by failing to pay rent or breaking specific terms of the agreement. But while it might seem straightforward, the reality in Nevada is often more complicated. The laws here lean heavily in favor of tenant rights, and that can turn a routine eviction into a drawn-out legal battle.
In many cases, an eviction notice functions more as a final warning than a guaranteed removal. Tenants often have a chance to pay what’s owed, fix the issue, or voluntarily move out before it escalates to court. As a landlord, this can work in your favor, resolving the issue without a formal hearing.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
When a tenant consistently pays rent late—or not at all—it quickly becomes more than just a nuisance. It can threaten your ability to cover your expenses, from mortgage payments to maintenance costs. While an isolated late payment might not justify eviction, a recurring pattern absolutely can.
In Nevada, recent legislation has changed how landlords can handle late payments. Under AB 308, there’s now a mandatory three-day grace period before a landlord can charge any late fees. And even then, those fees are capped.
To protect yourself legally, it’s important to document everything. Send written notices each time rent is late and save copies for your records. These notices serve as evidence that you gave your tenant fair warning.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement isn’t just a formality—it’s a binding contract. When tenants break the terms you’ve both agreed to, that breach can open the door to eviction. For example, if the lease prohibits unauthorized occupants or subletting and the tenant allows someone else to move in, you can take formal action.
Keep in mind, the lease also holds you accountable as the landlord. In Nevada, landlords must follow their end of the agreement as well—this includes maintaining the unit, handling repairs promptly, and honoring all other terms. If you’re asking a tenant to live up to their responsibilities, you need to be doing the same.
The Tenant Damages the Property
Normal wear and tear come with the territory of renting out a home. Scuffed paint or worn carpet doesn’t typically warrant concern. But when a tenant crosses the line into willful or excessive damage, like smashing fixtures, punching holes in drywall, you may have solid grounds for eviction.
In some cases, tenants may offer to fix the damage themselves. That’s not always enough. If the destruction is substantial or repeated, eviction might still be necessary to prevent further losses.
The Tenant Uses the Property for Illegal Purposes
If you find out a tenant is using your property for illegal activities—whether it’s drug distribution, weapon sales, or any other crime—Nevada law allows you to take swift action. Illegal use puts your property at risk and can lead to criminal investigations or damage your standing with neighbors and local authorities.
But don’t jump the gun without evidence. You’ll need some form of proof to justify eviction for illegal activity. Police reports, surveillance footage, or witness statements can support your case. If law enforcement has already been involved, that documentation may strengthen your position and move the eviction process along faster.
How to Evict a Tenant in Nevada
Step 1. Check Your Local Laws
Eviction rules aren’t one-size-fits-all. In Nevada, both state statutes and local ordinances shape what landlords can—and cannot—do when removing a tenant. Before you draft a notice or file anything with the court, make sure your reason for eviction is recognized under Nevada law. A quick consultation with a Nevada landlord-tenant attorney can save you from procedural missteps.
Nevada’s Landlord and Tenant Act also spells out tenant protections you can’t ignore. For instance, a tenant with a disability has the right to make reasonable, accessibility-related changes to the unit.\
Step 2. Give a Formal Notice of Eviction
If talking things out hasn’t worked and your tenant continues to break the lease, it may be time to escalate. Serving a formal eviction notice is your next step. This notice acts as a final warning and should clearly state what the tenant has done wrong, whether it’s unpaid rent, unauthorized occupants, or another lease violation. It should also let them know what actions, if any, they can take to fix the issue before you move forward with legal proceedings.
Your eviction notice must include key details to be enforceable. That means listing the total amount owed, if rent is the issue, along with a firm deadline for payment or move-out. Tenants need clear instructions, and you’ll want documentation to show the court you gave them fair notice.
In Nevada, landlords cannot skip steps or take matters into their own hands. You’re not allowed to change the locks, shut off utilities, or remove a tenant’s belongings without a court order.
Some of the commonly used forms include the Seven-Day Notice to Pay or Quit, the Five-Day Notice to Perform or Quit, and the Five-Day Unlawful Detainer notice. The type of notice depends on the nature of the tenant’s violation. Using the wrong notice—or serving it improperly—can delay your case or even force you to start over.
Step 3. File the Eviction with the Court
Once you’ve served the tenant with the proper notice and allowed the legally required time to pass, the next step is to take the matter to court. In Nevada, summary evictions are handled by the state’s 40 Justice Courts.
These courts have limited jurisdiction and oversee cases that fall under the specific provisions of Nevada landlord-tenant law. Once you file, the court will schedule a hearing and notify the tenant through a formal summons.
Step 4. Contact an Experienced Nevada Eviction Attorney and Prepare for the Hearing
Don’t wait until the last minute to get legal help. A Nevada eviction attorney can walk you through the hearing process and help you avoid mistakes that could jeopardize your case.
Before the court date, organize all relevant records and bring the following documents with you:
- A signed copy of the lease agreement
- Payment records showing missed or late rent
- Any bounced checks or bank records
- Written communications between you and the tenant
- A copy of the eviction notice you served
- Evidence showing the tenant received the notice (such as certified mail or proof of personal service)
Step 5. Evict the Tenant
Winning your case in court doesn’t automatically mean your tenant will pack up and leave. In Nevada, the court may give the tenant a short window, usually 48 hours to one week, to move out voluntarily. If they fail to do so, you can request a formal Writ of Restitution from the court.
Step 6. Collect Past-Due Rent Payments
Getting possession of your rental unit back is one step, but recovering unpaid rent is another battle entirely. Even after eviction, landlords may still need to take action to collect what they’re owed.
Common methods for pursuing past-due rent in Nevada include:
- Hiring a collections agency to pursue the balance
- Requesting a court order to garnish the tenant’s wages
- Intercepting state or federal tax refunds through garnishment
- Filing a separate claim in small claims court for the owed amount
Work with an Experienced Eviction Attorney in Nevada
Don’t be surprised if the tenant tries to stall the process by claiming you didn’t follow Nevada’s strict eviction rules. That’s why having a knowledgeable Nevada eviction attorney on your side makes a difference. They’ll help you avoid costly mistakes, meet every deadline, and present your case clearly in court.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Nevada state lines.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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