Evictions in Nevada
What is summary eviction?
Summary eviction is a very fast eviction process where the tenant must file a Tenant’s Affidavit in court to contest an eviction before the landlord files anything. Eviction notices do not need to be filed with a court to be valid. The tenant has the designated time in the notice to comply, move out or file a Tenant’s Affidavit to contest the eviction. The summary eviction process is detailed in NRS 40.253 and 40.254.
Most evictions in Nevada are summary evictions. Some evictions cannot utilize this summary eviction process. These include owners of mobile homes living in mobile home parks and new owners evicting after a sale or foreclosure.
What types of eviction notices can my landlord serve me?
No Cause Notices
Under Nevada law, NRS 40.251, the landlord can serve a No Cause Eviction Notice after your lease has expired. This Notice does not have to provide you with any reason for the eviction.
If you rent by the week, the landlord must serve a 7 day notice. If you rent for any other period of time, the landlord must provide a 30 day notice.
After the no cause notice expires, the landlord must then serve a 5 Day Unlawful Detainer notice. At the expiration of the Unlawful Detainer Notice, the landlord can file for an eviction with the court.
If you are disabled or 60+ years of age, you can request an additional 30 days in writing if you supply proof of your age or disability. If the landlord denies your request, you can then file a Tenant’s Affidavit in court when you receive the 5 Day Unlawful Detainer upon the expiration of the No Cause Notice. The court will determine whether you can stay the additional 30 days.
If you are 59 or younger and not disabled, you can ask the court for more time (up to 10 days) to move under NRS 70.010. To do this, you need to file a Tenant’s Affidavit to contest the eviction. See How to Contest an Eviction below.
Nevada law defines a nuisance as anything serious or repeated that affects your neighbors or the condition of your dwelling. For example, a party celebrating your child’s graduation is probably not a nuisance. Repeated wild parties would be a nuisance.
Depending on the circumstance, this could mean that if you can fix the problem within the expiration of the notice, you will have a legal defense to the eviction. In some situations, however, the nuisance is so severe that you cannot fix the problem, such as committing a serious crime on the property.
After receiving the 3-Day Nuisance Notice, you should submit a statement in writing to your landlord that you have “abated” the nuisance, fixed, or resolved the problem. The statement should be signed, dated, with a copy to yourself, and include relevant documents, if available.
If the landlord does not agree that the conduct has ceased or otherwise wants to continue with the eviction, you will receive a 5 Day Unlawful Detainer Notice after the 3 Day Nuisance Notice Expires.
Lease Violation Notices
Your landlord can only evict you for a “material” lease violation. “Material” means important or legally significant. Repeated instances of minor violations of your lease also constitute a basis for eviction. For example, not paying a security deposit could be a material lease violation.
After receiving the 5-day Lease Violation Notice, you should submit a statement in writing to your landlord that you have “cured,” fixed or resolved the problem. The statement should be signed, dated, with a copy to yourself, and include relevant documents, if available.
If the landlord does not agree that the lease violation has ceased or otherwise wants to continue with the eviction, you will receive a 5 Day Unlawful Detainer Notice after the 5 day Lease Violation Notice expires.
Seven-Day Pay Rent or Quit Notices
If you have received a 7 Day Pay or Rent or Quit Notice, you have until the close of business on the 7th day following service of this notice to pay the rent, move, or file an affidavit with the Justice Court to request a hearing.
Notices After a Change of Ownership
First, determine whether ownership of the property has changed. You should pay whoever is the current owner of the property. Find property ownership information, contact your county Assessor’s office. Clark County Assessor’s office offers information online.
If your former landlord sold the unit, then the new owner must honor your lease and the old owner must transfer your security deposit to the new owner. If you live in a complex with 5 units or more, the new owner must provide a 3-day eviction notice. These three days do not include weekends, holidays, or days the court is closed. After the 3 days, the new owner must serve a summons and complaint for unlawful detainer. This process takes at least 3 weeks. You can answer the complaint and appear at your hearing, but you will not have a legal defense if the new owner follows this procedure. You can ask the judge for more time to move and by law, the judge can allow up to 10 extra days before eviction.
If your former landlord lost the unit in foreclosure, you will also receive a 3 day notice if you live in a complex 5 units or larger. If you live in a 4-plex or smaller, the new owner must serve a 60 day notice.
After the 60/3 days expire, the new owner must serve a summons and complaint for unlawful detainer. The new owner cannot use the summary eviction process to evict you.
How do I contest a non-payment of rent eviction notice?
If you have received a 7 Day Pay or Rent or Quit Notice, you have until the close of business on the 7th day following service of this notice to pay the rent, move, or file an affidavit with the Justice Court to request a hearing. You do not count the day you are served. You also do not count weekends, holidays, and other days when the court is closed. Some courts have 4 day weeks and you do not count the Friday or Monday the court is closed. Also, if the seventh day is a weekend or holiday, you then have until the next day the court is open.
If you paid your rent (including partial payment) or tried to pay your rent in full, you may have a legal defense to eviction. The landlord can refuse partial payment.
Late fees cannot exceed 5% of your monthly or weekly rent and can only be charged for the month the rent is late.
Under Nevada law, you may withhold rent only if (1) your dwelling has a habitability problem, (2) you have provided written notice to your landlord, (3) your landlord has not fixed this problem or attempted to fix the problem within 14 days, and most important, (4) you must deposit the withheld rent with the court once you file your tenant’s affidavit.
See our Forms section for sample Tenant’s Affidavits to contest an eviction.
How do I contest an eviction that doesn't involve rent?
After your landlord issues you a notice described above (except for non-payment of rent), your landlord must serve you with a 5 Day Notice of Unlawful Detainer. Unlawful detainer essentially means that you are now a holdover after the landlord has terminated your tenancy based on the alleged breach or basis for the eviction.
In order to contest the eviction, you have to file your Tenant’s Affidavit with the Justice Court within the 5 day timeframe of the unlawful detainer notice.
The 5 Day Unlawful Detainer notice must advise you that you have five business days to move or file tenant’s affidavit with the justice court to ask for a hearing on the matter. Do not count the day you received the notice, weekends, and holidays when the state court is closed. Some courts have 4 day weeks and you do not count the Friday or Monday that the court is closed. Also, if the fifth day is a weekend or holiday, you then have until the next day the court is open.
If you do not file an affidavit and do not move, then the landlord can get an eviction order from the judge at the end of the 5 days without any further notice to you. The constable or sheriff will then serve the eviction order to you and lock you out 24-36 hours after service of the Lockout Order.
You can ask the court for more time (up to 10 days) to move under NRS 70.010. To do this, you need to file a Tenant’s Affidavit to contest the eviction or a Motion to Stay the Eviction just to ask for more time to move.
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