A Guide to the Eviction Process in Nevada
According to the Nevada landlord tenant laws, landlords in the state of Nevada have a right to evict their tenant under certain circumstances. It could be that your tenant is late on paying rent, or has violated a term of the lease, such as illegally subletting the unit.
Luckily for you, the Nevada eviction process is fairly straightforward. From start to finish, you can expect the entire process to take about one to six weeks, depending on the reason for the eviction.
If you’re looking to evict a tenant from your rental home, or are simply looking to familiarize yourself with the Nevada tenant eviction process, you’ll find this guide helpful.
The Eviction Process in Nevada
You must have a cause to evict a tenant from your home. Common legal grounds include nonpayment of rent, holding over after the lease has expired, and violating a term of the lease. It’s after having such grounds that you can commence the tenant eviction process.
The first step requires that you serve the tenant with an eviction notice. The notice must be relevant to the violation committed. Or else, the tenant may use that as a defense against their eviction, which may derail the process.
The second step is filing a lawsuit in court. This is after the tenant has refused to honor the eviction notice. For example, not paying the due rent and refusing to move out within the set time. After a successful filing, a hearing will be set.
The tenant can choose whether or not to attend the hearing. If they do, the hearing will normally take place within 7 days after they’ve responded to the notice by filing an affidavit objecting to their removal. If they don’t, the court will likely issue a default judgment in favor of the landlord.
Nevada Eviction Notices
When evicting a tenant in Nevada, the following are the eviction notices you must use:
- 7-Day Notice to Pay Rent or Quit: This notice is meant for tenants who have failed to pay rent.
- 30-Day Notice to Quit: This is for holdover tenants or for those on a month-to-month lease.
- 5-Day Notice to Cure or Vacate: This is meant for curable lease violations.
- 3-Day Notice to Quit: This notice is meant for serious lease violations.
You may continue with the eviction process if the tenant doesn’t move out within the specified timeline.
Serving the Tenant with an Eviction Notice in Nevada
For the eviction process to begin, you must first serve the tenant with an eviction notice. The notice must be served in any of the following ways:
- By hand delivery
- By posting a copy on the front door or any other conspicuous area
- By leaving a copy with someone of a “suitable” age
- Mailing a copy to the tenant
Tenant Eviction Defenses in Nevada
In Nevada, if a tenant wishes to contest an eviction, they must first file an affidavit with the court.
If the case involves nonpayment of rent, they must do so within 7 business days. If the eviction involves a violation of the lease, they must file the affidavit within 5 business days of receiving the eviction notice.
The affidavit is the tenant’s chance to explain why they think they shouldn’t be evicted from the property. In the affidavit, the tenant may allege any of the following:
- The eviction did not follow due process. For instance, the landlord did not provide them with proper notice, or they tried to evict them through self-help eviction tactics. Examples of such tactics include removing their belongings or shutting down their utilities.
- The eviction was in retaliation to the tenant exercising any of their legal rights, such as forming or joining a tenants’ union.
- The eviction was based on the tenant’s race, color, religion, nationality, familial status, or any other protected class under the Fair Housing Act.
- The eviction notice contained substantial errors, such as missing the effective date of eviction.
The tenant must file such defenses within 3-30 days of receiving the eviction notice. If they fail to do this, the judicial officer may have no other option but to render a default judgment.
Attending the Court Hearing
The court will only schedule an eviction hearing after the tenant has filed an affidavit within the timelines of the eviction notice.
If the tenant appears for the hearing, the judicial officer will give both parties a chance to present their case and then make a ruling. If the tenant doesn’t appear, or fails to file an affidavit within the required period, the court will likely issue a default judgment.
If the ruling is in the landlord’s favor, the court will issue them with an “order of removal” and the eviction process will continue. The tenant, on the other hand, will have a maximum of 10 days to appeal the ruling.
Order of Removal
This is the tenant’s final notice to leave their rented premises. The document gives them a chance to remove their belongings before they can be physically evicted.
Except for nonpayment of rent, the order of removal is almost always issued immediately after the successful ruling is issued.
For evictions involving nonpayment of rent, the landlord has to wait 5 business days for the order to be issued. The tenant can use this time to pay the late rent and other amounts ordered by the court to avoid eviction.
For cases involving nonpayment of rent, the sheriff must post the order for removal on the premises within 24 hours of receiving it. The tenant will then have a maximum of 36 hours to move out on their own.
If the tenant doesn’t move out within 36 hours, the sheriff will return and take possession of the property forcefully.
For other eviction cases, the state law doesn’t specify how much time the tenant has to move out after the order is granted.
No matter the situation, you should never resort to illegal evictions, such as resorting to “self-help” evictions or retaliatory evictions. This guide has provided you with a basic overview of the eviction process in Nevada, so you can be aware of how to properly evict a tenant if the need arises.
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Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.