Summary Eviction in Nevada

Eviction is something neither Landlords nor Tenants want to occur. However, when the Tenant fails to pay rent or otherwise breaches the lease, sometimes it is the only practical solution.

There are two ways to begin evicting a Tenant in Nevada:

1. Filing and serving a formal, civil action known as an unlawful detainer action, and

2. Using the summary procedures contained in NRS 40.253 and NRS 40.254.

The summary process is simpler and quicker than the formal unlawful detainer action, but the summary procedure may not be used against tenants of mobile home parks. The only issue in a summary action is possession of the rental unit. The Landlord cannot use a summary proceeding to collect rent. It is possible, however, for a tenant to counterclaim for an offset up to the amount of the rent which the Landlord claims is owed.

This discussion will primarily address the summary process for non-payment of rent. It is possible to terminate the tenancy for reasons other than non-payment of rent, but the Landlord definitely should hire a lawyer if it has to use the formal unlawful detainer complaint process.

In the case of non-payment of rent, the tenant is considered to be in unlawful detainer once the rent is past due. The landlord may begin evicting a Tenant at any time after rent is past due by properly serving a 5-day notice.

The Nevada Supreme Court has recently posted numerous landlord tenant self-help forms

To start, the landlord must properly serve the correct Five-Day Notice upon the tenant.

There are three methods of legal service authorized in the statute (NRS 40.280(3)). They are:

1. Personal service on the tenant in the presence of a witness.

2. If the tenant is absent from his residence or usual place of business, by leaving a copy of the notice with a person of suitable age and discretion at the tenant’s residence or usual place of business and mailing a copy to the tenant at his residence or place of business.

3. If the place or residence or business cannot be ascertained, or a person of suitable age and discretion cannot be found, by posting a copy of the notice in a conspicuous place on the leased property, delivering a copy to any person residing there if available, and mailing a copy to the tenant at the residence.

The landlord must also obtain proof of legal service for the Notice by having the person serving the Notice complete an Affidavit/Declaration of Service.

The form of the 5-Day Notice is important and is spelled out in the statute. Among other things it must inform the tenant that the tenant must vacate the rental unit by noon of the fifth full judicial day after service of the notice, or pay the rent within that time. The notice must also inform the tenant that he or she may contest the action by filing a Tenant’s Affidavit with the court, by noon of the fifth judicial day after service upon the tenant and delivering a file-stamped copy of the Tenant’s Affidavit upon the landlord. It must state that the Tenant’s Affidavit must also state that he or she has tendered rent or is not in default in the payment of rent.

If the tenant timely files the Tenant’s Affidavit with the court, a hearing will be set and the court will adjudicate the matter.

If the Tenant doesn't file the Tenant's Affidavit, doesn't pay the rent, and doesn't vacate, the landlord may then apply for an order evicting the tenant by filing a Landlord's Affidavit. To get copies of Landlords' Eviction forms, click here.

The contents of the Landlord’s Affidavit/Declaration must be in conformance with NRS 40.253(5)(a) for a non-payment of rent summary proceeding. Note that the landlord cannot lock out the tenant until and unless the judge signs an order evicting the tenant. Even in a default hearing (where the tenant does not appear at the hearing), the judge cannot grant an eviction order unless the landlord files proper proof of service of the 5-day Notice. Without proof of service, the court may not grant an order even when the tenant appears at the hearing.

Return from eviction page to real estate law page.