How to File a Motion to Stay Eviction in Nevada

A motion to stay eviction in Nevada is a written request asking the justice court to pause the lockout for up to 10 judicial days after an eviction order has been issued. The authority comes from NRS 70.010, which lets a judge delay execution of any judgment when the tenant shows good cause.¹ Speed matters more than anything else: once the constable posts the eviction notice on your door, the lockout can happen 24 to 36 hours later.²

How Much Time a Stay Can Actually Buy You

NRS 70.010 caps the stay at 10 judicial days.¹ Judicial days exclude weekends and court holidays, so the full 10 can stretch to roughly two calendar weeks. The judge can also grant fewer days, and often does. Nevada law requires the eviction notice itself to tell you that this right exists and to explain that you can ask for the delay.³

Treat the stay for what it is: a short, one-time window to finish moving, close out a rental assistance application, or get your family through a specific crisis. It is not a way to stay in the unit indefinitely.

What Counts as Good Cause

Form #26 requires you to assert that “good cause exists” for the delay, and the supporting affidavit on Form #27 is where you prove it. The court’s own instructions describe this as your chance to explain “why you need more time and why immediate eviction would be a special hardship for you.”⁴ Judges decide these case by case, but the reasons that tend to hold up share a pattern: a specific hardship, a short timeline, and paperwork to back it up.

A medical emergency or hospitalization that kept you from moving or appearing in court, documented with hospital records, discharge paperwork, or a doctor’s letter.
A pending rental assistance application that is still being processed, with a case number, approval letter, or correspondence showing when funds will arrive.
A need to keep children in school through the end of a term, especially mid-semester.
A recent job loss paired with evidence that new income is about to start, such as an offer letter or new hire paperwork.

A vague request for “more time” without documentation usually fails. Judges see these motions constantly and read the file quickly; the stronger your evidence, the more days you are likely to receive.

When to File

There is no fixed statutory deadline, but the Nevada Supreme Court’s instructions say to file “as soon as you can if you think the court is going to evict you,” ideally before the eviction order is even issued.⁴ The instructions specifically suggest filing before the deadline for the tenant’s affidavit, so the judge has your motion in hand when the landlord asks for the eviction order.

At the absolute latest, file before the constable completes the lockout. After that, the motion is moot. With the lockout happening 24 to 36 hours after posting, a single day of delay can end your case. If you received a pay-or-quit notice and know you cannot pay, start drafting the motion right away rather than waiting for the eviction order to come down.

The Forms You Need

The Nevada Supreme Court publishes three forms that work as a package:

Form #26, Motion to Stay Eviction Order, where you identify the case, state the number of days you are requesting (up to 10), and assert good cause.⁵
Form #27, the sworn affidavit or declaration where you lay out the specific facts behind your request.
Form #28, a blank proposed order you submit with the motion so the judge can sign a decision without extra paperwork.⁴

You can download the fillable PDFs from the Civil Law Self-Help Center or the Nevada courts website at no cost.⁶ Have your case number, department number, the names and addresses of all parties, and the date of the eviction order ready before you start.

Attach every supporting document to Form #27. Medical records, rental assistance correspondence, pay stubs, an offer letter, a signed lease on a new place, an in-progress housing application. Do not just list your reasons. Prove them. A clean, organized packet makes it easier for the judge to grant the stay quickly.

Filing, Fees, and Serving the Landlord

Submit all three forms together to the clerk of the justice court handling your case. In Clark County, electronic filing is mandatory for civil cases.⁷ Other justice courts may still accept in-person filings. The filing fee runs about $71 based on published fee schedules, and amounts vary slightly between courts.⁸

If you cannot afford the fee, file a fee waiver application alongside the motion. An approved waiver lasts one year; if the court denies it, you will need to pay the fee before your motion gets processed.⁹

After filing, serve the landlord or the landlord’s attorney. Form #26 contains a Certificate of Service that must be completed by someone over 18 who is not a party to the case. Service can go by personal delivery, U.S. mail, or fax, and the court instructions recommend serving the same day you file.⁴ If the landlord has a lawyer, serve the lawyer and not the landlord.

What Happens After You File

Most judges decide these motions on the paperwork alone, without a hearing. A decision usually comes within a few business days. If the judge grants the stay, you will get Form #28 back with the number of days filled in and an order halting the lockout. Some judges attach conditions, most commonly a requirement that you deposit rent into a court escrow account during the delay period.

If the judge denies the stay, the lockout moves ahead on the original schedule. A denial narrows your options and the clock keeps running, but the eviction order itself can still be challenged.

If the Stay Is Denied: Appeal and Bond

You have 10 judicial days from entry of the eviction order to file a Notice of Appeal to the district court.¹⁰ Miss that window and the right to appeal is usually gone.¹¹

Filing the appeal by itself does not stop the lockout. Under NRS 40.385, a residential tenant must post a cost bond of at least $250 with the justice court, and must then deliver a copy of both the supersedeas bond and the Notice of Appeal to the constable or sheriff to actually halt the eviction.³ Skip the delivery step and the lockout can still happen. You also have to keep paying rent at the lease rate as it comes due during the appeal; falling behind lets the landlord start a brand-new eviction case.

If the Lockout Happens Anyway

Even if the stay fails, Nevada law protects your belongings. NRS 118A.460 requires the landlord to safely store your personal property for 30 days after the eviction, charging only reasonable actual costs for moving, inventorying, and storage.¹² Essential items like medication, baby formula, basic clothing, and personal care products are on a separate, faster track: you have five days to retrieve them, and the landlord must give you a reasonable opportunity to do so.

If a landlord blocks access to those essentials, you can file a motion in the justice court within five days of being removed. The court can order the landlord to allow retrieval and award damages up to $2,500 depending on good faith and the harm caused by the refusal.³ That deadline is short, so act the day it happens.

1
Nevada Legislature. Nevada Code 70 – Executions
2
Clark County, NV. Eviction Process
3
Nevada Legislature. Nevada Code 40 – Actions and Proceedings in Particular Cases Concerning Property
4
Nevada Supreme Court. Tenant General Instructions Motion to Stay Eviction Order
5
Nevada Supreme Court. Form 26 Motion to Stay Eviction Order
6
Civil Law Self-Help Center. Eviction and Housing Forms
7
Clark County Justice Court, NV. File and Serve (E-File)
8
Washoe County. Reno Justice Court Fees
9
State of Nevada Self-Help Center. Court Fees and Fee Waivers
10
Nevada Supreme Court. Tenant General Instructions How to Appeal a Summary Eviction From Justice Court
11
State of Nevada Self-Help Center. Appeal
12
Nevada Legislature. Nevada Code 118A – Landlord and Tenant