How to Evict Someone in Nevada: Notice, Filing, and Lockout

To evict someone in Nevada, a landlord has to serve the right written notice for the specific reason, wait for the notice period to expire, file a summary eviction complaint in the Justice Court for the township where the property sits, and then have a constable or sheriff carry out the physical lockout after a judge signs the order. Skipping any step, or trying to force the tenant out by changing locks, shutting off utilities, or removing doors, is illegal and can cost the landlord up to $2,500 in court-ordered penalties on top of the tenant’s actual damages.1Nevada Legislature. Nevada Revised Statutes 118A.390 – Unlawful Removal or Exclusion of Tenant or Willful Interruption of Essential Items or Services Start to finish, expect several weeks.

Pick the Right Notice for the Reason

Nevada ties each valid reason for eviction to a specific notice with its own timeline. Using the wrong form, or the right form for a made-up reason, gets the case dismissed.

Nonpayment of Rent

Serve a 7-Day Notice to Pay Rent or Quit. The tenant has seven judicial days (excluding the day of service, weekends, and legal holidays) to pay what’s owed or move out.2Nevada Courts. Summary Eviction – Seven-Day Notice to Pay Rent or Quit If the tenant pays the full amount due during that window, the landlord must accept it and the eviction stops. A landlord cannot reject the payment because the tenant hasn’t also covered attorney’s fees, collection costs, or other charges beyond rent itself and any reasonable late fee.3Nevada Legislature. Nevada Revised Statutes 40.253 – Unlawful Detainer

Lease Violations You Can Cure

For a breach unrelated to rent, such as an unauthorized pet or unpermitted subletting, serve a 5-Day Notice to Perform Lease Condition or Quit. The tenant has five judicial days to fix the problem or vacate.4Sparks Justice Court. Five-Day Notice to Perform Lease Condition or Quit If the tenant corrects the violation, the lease stays intact and the eviction stops.

Nuisance, Waste, or Illegal Activity

Some conduct triggers a faster, non-curable notice. A 3-Day Notice to Quit applies when a tenant commits or permits a nuisance, wastes or significantly damages the property, runs an unlawful business on the premises, sublets in violation of the lease, or violates Nevada’s controlled substance laws.5Washoe County. Three-Day Notice to Quit for Nuisance, Waste, Assigning or Subletting, Unlawful Business, or Drug Violation There’s no chance to cure. The tenant has three judicial days to leave.

No-Cause Termination

When a tenancy is month-to-month, a landlord can end it without stating a reason using a 30-Day No Cause Notice. Week-to-week tenancies get seven days.6Storey County. Thirty-Day No Cause Notice to Quit – Landlord Packet Tenants who are 60 or older, or who have a physical or mental disability, can submit a written request for an additional 30 days beyond the original period.

The Second Notice Most Landlords Forget

This is where evictions most often collapse. For every ground except nonpayment of rent, Nevada requires two separate notices served in sequence before a landlord can file in court. The first notice tells the tenant to cure, stop, or vacate. If the tenant doesn’t comply, the landlord then serves a 5-Day Notice of Unlawful Detainer, which formally declares the continued occupancy unlawful and starts the countdown to court.7Nevada Courts. Five-Day Notice of Unlawful Detainer for Failure to Vacate Rental Unit Skipping the second notice, or serving both at the same time, gets the case dismissed.

Serving the Notice Correctly

Every eviction notice must include the full name of each tenant and other occupant, the complete street address of the rental unit, the specific reason for eviction (not a vague category), the date the notice is prepared, and the landlord’s or agent’s signature. Missing details invalidate the notice and force a restart.

A landlord cannot personally hand the notice to the tenant. Nevada requires service by a neutral third party: a county constable, sheriff, or licensed process server.8Clark County, NV. Eviction Process Personal delivery to the tenant is preferred. If the tenant isn’t home, the server can leave the notice with someone of suitable age at the residence and mail a copy. As a last resort, the notice can be posted in a conspicuous spot on the property with a copy also mailed. However it’s served, the server signs a declaration of service that gets filed with the court.

Filing the Summary Eviction Complaint

Once the notice period expires without compliance, the landlord files a Complaint for Summary Eviction in the Justice Court for the township where the property is located. This is a sworn affidavit, signed under penalty of perjury, describing when the tenancy started, the rent amount, what the tenant did wrong, and what notice was served.9Nevada Courts. Complaint for Summary Eviction Attach the lease (if one exists), the eviction notice, and the proof of service.

A filing fee is required, and the amount varies by township. Forms are available on each local Justice Court’s website or at the courthouse clerk’s window. Filing with incomplete paperwork or an expired notice is one of the most common causes of delay.

What Happens If the Tenant Answers

The tenant can contest the eviction by filing a Tenant’s Affidavit (often called an Answer) with the same Justice Court. For a 5-Day Unlawful Detainer, the tenant must file before those five judicial days expire. Missing that deadline is usually fatal.

If no answer is filed, the landlord can request a default judgment. A judge reviews the paperwork, and if everything checks out, the court can issue an Order for Summary Eviction without holding a hearing.

If the tenant does answer, the court sets a hearing. Both sides present evidence. The judge looks at whether the landlord followed every procedural step and whether the underlying reason holds up. Common tenant defenses include improper service, retaliation for exercising a legal right, and proof that rent was actually paid. The judge then either denies the eviction or signs the Order for Summary Eviction.

The Lockout

Even with a signed eviction order, a landlord cannot personally remove the tenant or change the locks. The order goes to the constable or sheriff’s office for execution.8Clark County, NV. Eviction Process

The constable posts the order on the property door. The physical lockout happens no earlier than 24 hours and no later than 36 hours after that posting. Officers return, remove any occupants who remain, and change the locks. The landlord receives the new keys.

Tenant Belongings Left Behind

A locked-out tenant almost always leaves belongings. Nevada requires the landlord to store that property safely for 30 days after the eviction.10Nevada Legislature. Nevada Revised Statutes 118A.460 – Procedure for Disposal of Personal Property Abandoned or Left on Premises Reasonable, actual costs for inventory, moving, and storage can be charged before releasing the items. If the tenant doesn’t claim the property within 30 days, the landlord can dispose of it. Throwing belongings in a dumpster on lockout day is a quick way to end up in small claims court.

Security Deposit After Eviction

Eviction does not erase the landlord’s obligation to account for the security deposit. Within 30 days after the tenant vacates or is removed, the landlord must either return the deposit or provide an itemized accounting of deductions. Permissible deductions cover only three things: unpaid rent, damage to the premises beyond normal wear and tear, and cleaning costs.11Nevada Legislature. Nevada Revised Statutes 118A.242 – Security Deposit – Limitation on Amount or Value, Duties and Liability of Landlord, Damages

Miss that 30-day window and the tenant can recover the full deposit as damages plus an additional penalty of up to the deposit’s full value, effectively doubling the landlord’s exposure.11Nevada Legislature. Nevada Revised Statutes 118A.242 – Security Deposit – Limitation on Amount or Value, Duties and Liability of Landlord, Damages Deducting for normal wear (scuffed floors, faded paint, minor carpet wear from ordinary use) is not allowed and invites a dispute.

What Landlords Cannot Do

Changing the locks without a court order, shutting off water or electricity, removing the front door, or hauling a tenant’s furniture to the curb all qualify as illegal self-help evictions. A tenant subjected to any of these tactics can file for expedited relief and recover actual damages plus a court-imposed penalty of up to $2,500. In setting the penalty, the court weighs whether the landlord acted in good faith, the pattern of conduct between the parties, and the harm the tenant suffered. If the court finds the illegal action effectively terminated the tenancy, the landlord must also return all prepaid rent and the full security deposit.1Nevada Legislature. Nevada Revised Statutes 118A.390 – Unlawful Removal or Exclusion of Tenant or Willful Interruption of Essential Items or Services

Nevada also prohibits retaliatory eviction. A landlord cannot evict a tenant for filing a health or safety complaint with a government agency, reporting a landlord’s statutory violation to law enforcement, joining a tenants’ union, or pursuing a habitability claim.12Nevada Legislature. Nevada Revised Statutes 118A.510 – Retaliatory Conduct by Landlord Against Tenant Prohibited, Remedies, Exceptions The prohibition extends to retaliatory rent increases and reductions in essential services. If an eviction closely follows one of these protected activities, the timing alone can support a finding of retaliation at the hearing. When a tenant has recently filed a complaint, consult an attorney before serving any notice, even if the grounds are legitimate.

Where This Process Does Not Apply

The timelines and notices above cover standard residential tenancies: apartments, houses, condos, and similar dwellings. Manufactured (mobile) home parks fall under a separate chapter of Nevada law (NRS 118B) with different notice periods. Rent delinquency in a manufactured home park triggers a 10-day notice rather than 7, certain lease violations require 45 days’ notice before termination, and park closures require 180 days’ notice.13Nevada Courts. Mobile Home Park Evictions Landlord Instructions – Forms 1 Through 9 Commercial evictions also differ: nonpayment uses a 5-day notice, and in many situations a landlord can change the locks on a commercial property without filing in court, which is never the case with residential property.