Nevada Eviction Process: Notices, Hearing, and Lockout

The Nevada eviction process runs on a fixed sequence: the landlord serves a written notice, files with the justice court if the tenant doesn’t comply, waits for the tenant’s response window to close, and — if the court orders removal — has the constable or sheriff carry out the lockout. Landlords cannot skip steps or force a tenant out on their own. The type of notice and the total time depend on why the eviction is happening, with nonpayment moving fastest and no-cause terminations taking the longest.

Notices and How Much Time They Give

Every Nevada eviction starts with a written notice. The reason for the eviction dictates which notice applies and how many days the tenant has to act.

Seven-Day Notice for Nonpayment of Rent

When a tenant is behind on rent, the landlord serves a seven-day notice demanding payment or surrender of the property. The notice must state the exact amount owed and identify the court where the tenant can file a response. The tenant has until close of business on the seventh judicial day — weekends and holidays don’t count — to pay in full, move out, or file an affidavit with the court contesting the claim.¹

Five-Day Notice for Lease Violations

For lease violations that don’t involve illegal activity or nuisance, such as unauthorized pets or breaking noise provisions, the landlord serves a five-day notice. If the problem can be fixed, the tenant has those five days to cure it and keep the tenancy alive. Otherwise the tenant must move.²

Three-Day Notice for Nuisance or Illegal Activity

When a tenant commits waste, runs an unlawful business, creates a nuisance, or violates controlled substance laws on the property, the landlord serves a three-day notice to quit. There is no option to cure. The notice must describe the conduct with enough detail — names, dates, locations — for the tenant to respond. If the tenant does not leave within three days, the landlord then serves a five-day notice of unlawful detainer before filing with the court.³

30-Day Notice for No-Cause Termination

A landlord who wants to end a month-to-month tenancy without alleging any fault must give at least 30 days’ written notice. For a week-to-week tenancy, the minimum is seven days. Tenants who are 60 or older, or who have a physical or mental disability, can request an additional 30 days beyond the standard notice period by providing written proof of their age or disability. Federal and state government workers affected by a government shutdown also receive extended protections.⁴

How the Notice Must Be Served

A notice that isn’t served correctly is legally meaningless. Nevada requires delivery by a constable’s office or a licensed process server. The preferred method is handing the notice directly to the tenant. If the tenant can’t be found at the property, the server may leave a copy with another adult at the residence and mail a second copy. When no one is home, the server can post the notice in a visible spot on the property and mail a copy through the U.S. Postal Service.

The person who serves the notice completes a proof of service, signed under penalty of perjury, documenting the date, time, and method of delivery. That proof becomes part of the court filing. Without it, a judge will not consider the eviction complaint, and many cases stall or get dismissed because the proof of service is missing, incomplete, or shows the wrong method.

Filing With the Court

If the tenant does not comply with the notice, the landlord files with the justice court that covers the property’s location. Most residential cases run on the summary eviction track — the faster route used for nonpayment, lease violations, nuisance, and holdover tenancies. Formal eviction (an unlawful detainer lawsuit) is reserved for more complex disputes, including commercial properties.

For a summary eviction, the landlord files an affidavit of complaint stating the date the tenancy started, the term of the lease, and the date the notice to surrender was given, and attaches the rental agreement and the notice with proof of service.³ In nonpayment cases under NRS 40.253, the affidavit must also list the specific dates and amounts of unpaid rent.¹

Filing fees vary by court and case type. A summary eviction complaint costs $71 at Las Vegas Justice Court, and formal unlawful detainer actions run from $71 up to $271 or more depending on the amount claimed.⁵ Process server fees come on top of the filing fee.

The Tenant’s Response Window

After receiving court papers, the tenant has a short number of judicial days to file an affidavit contesting the eviction. In nonpayment cases under NRS 40.253, the deadline runs within the original seven-day notice period.¹ For other summary evictions under NRS 40.254, the tenant has five judicial days from service of the notice of unlawful detainer to file an affidavit explaining why they are not guilty of unlawful detainer.³

If the tenant does nothing within this window, the landlord can request a default order granting possession without a hearing. That is the fastest path to eviction, and it catches more tenants than you would expect. Filing the affidavit, even with a weak defense, at least forces a hearing where the tenant can ask for more time. Tenants who miss the deadline lose the right to contest at this stage, though limited appeal options may remain.

The Hearing

When a tenant files an affidavit, the court schedules a hearing. Both sides appear before a judge and present evidence. Landlords should bring the original lease, all notices with proof of service, and a clear accounting of unpaid rent. Tenants can present proof of payment, evidence that the landlord failed to maintain habitable conditions, or documentation showing the notice was defective.

If the judge finds for the landlord, the court issues a summary order for removal directing the sheriff or constable to post the order and carry out the lockout. The judge may also award a money judgment for unpaid rent and allowable court costs, though possession is the primary purpose of summary proceedings.¹

The court can also stay the eviction for up to 10 days under NRS 70.010, giving the tenant extra time to relocate.⁶ The eviction notice itself must inform tenants of this right, and landlords who omit it risk having the process challenged.

Defenses That Work

Not every eviction filing succeeds. Tenants have several recognized defenses:

Defective notice. If the notice stated the wrong amount, identified the wrong court, wasn’t served properly, or didn’t give the tenant enough time, the case can be dismissed on procedural grounds alone.
Payment or cure. A tenant who paid the full rent or corrected the lease violation within the notice period has a complete defense. Landlords cannot refuse rent simply because the tenant hasn’t also paid late fees or collection costs.¹
Habitability failures. If the landlord failed to keep the property livable, a tenant can argue the landlord cannot enforce the lease while violating their own obligations.
Retaliation. Nevada law prohibits evicting a tenant for complaining about housing code violations, joining a tenant organization, filing a fair housing complaint, or being a victim of domestic violence. A notice served shortly after a protected activity raises a strong presumption of retaliation.⁷

Timing between a tenant’s complaint and a landlord’s notice is the most scrutinized piece of evidence in retaliation cases. A landlord who serves notice within days of a habitability complaint needs a well-documented, independent reason for the eviction.

The Lockout

Once the court grants the eviction, the order goes to the sheriff or constable, who must post it on the property within 24 hours of receiving it. The tenant is then removed no earlier than 24 hours and no later than 36 hours after posting.¹ That narrow window is the tenant’s final chance to leave voluntarily and take their belongings.

At the scheduled time, the constable verifies the property is empty and the landlord or a locksmith changes the exterior locks while the officer is present. If the tenant refuses to leave, the officer has authority to remove them. Landlords are strictly prohibited from changing locks or removing a tenant’s belongings without a court order and the presence of law enforcement. Self-help eviction — cutting utilities, changing locks alone, removing doors — is illegal in Nevada no matter how far behind the tenant is on rent.

Belongings Left Behind

Items left after a lockout don’t become the landlord’s property. Nevada law requires the landlord to store the tenant’s belongings safely for 30 days and charge only the reasonable, actual costs of moving and storage. During the first five days after lockout, the landlord must give the former tenant a reasonable opportunity to retrieve essential items like medication, baby formula, and basic clothing.⁸

If the tenant does not reclaim the property within 30 days, the landlord may dispose of or sell it to offset unpaid rent or storage costs. A tenant who disagrees with the storage charges can file a motion with the court, and the court can order release of the property if the charges are unreasonable.¹

Appealing the Order

A tenant who loses at justice court can appeal to district court, but the deadline is 10 judicial days from the date the eviction order is entered. Filing the appeal by itself does not stop the lockout. To halt the eviction while the appeal is pending, the tenant must post a supersedeas bond set by the court at $250 or more and deliver a copy of the bond and the notice of appeal to the constable or sheriff. If the bond paperwork doesn’t reach the constable before the scheduled lockout, the eviction proceeds regardless of the appeal.⁹

Sealing an Eviction Record

An eviction filing creates a court record that future landlords and tenant screening companies can find. Under NRS 40.2545, Nevada provides several paths to seal these records. If the case is dismissed or denied, the file is sealed automatically. If the landlord fails to follow through within 30 days after the tenant files a contesting affidavit, the record is likewise sealed. The tenant can also file a motion to seal if the landlord agrees or if the court finds sealing is in the interests of justice. When more than one year has passed since the eviction order was entered, there is a legal presumption that sealing is appropriate unless someone shows otherwise with clear and convincing evidence.¹⁰

Even after the court record is sealed, the financial fallout can linger. Unpaid rent is often sold to a collection agency, and that collection account can appear on a consumer credit report for up to seven years. The eviction record and the collection account are separate. Sealing one doesn’t eliminate the other, so tenants who resolve the debt should confirm the collection agency reports it as satisfied.

Active-Duty Servicemembers

The federal Servicemembers Civil Relief Act overrides state timelines for active-duty tenants. A landlord cannot evict an active-duty servicemember or their dependents from a primary residence without a court order when the monthly rent falls below a federally set threshold, adjusted annually for housing costs; the threshold stood at $10,239.63 per month as of 2025.¹¹ If military service has materially affected the servicemember’s ability to pay rent, the court must stay proceedings for up to 90 days on request and may adjust the lease terms. Knowingly evicting a protected servicemember without a court order is a federal misdemeanor punishable by a fine, up to one year in prison, or both.

1
Nevada Legislature. Nevada Code 40.253 – Unlawful Detainer: Supplemental Remedy of Summary Eviction and Exclusion of Tenant for Default in Payment of Rent
2
Nevada Legislature. Nevada Code 40.2516 – Unlawful Detainer: Possession After Failure to Perform Conditions of Lease
3
Nevada Legislature. Nevada Code 40.254 – Unlawful Detainer: Supplemental Remedy of Summary Eviction and Exclusion of Tenant From Certain Types of Property
4
Nevada Legislature. Nevada Code 40.251 – Unlawful Detainer: Possession After Expiration of Term or Termination of Periodic Tenancy
5
Las Vegas Justice Court. Fees
6
Nevada Legislature. Nevada Code Chapter 70 – Executions
7
Nevada Legislature. Nevada Code Chapter 118A – Landlord and Tenant: Dwellings
8
Nevada Legislature. Nevada Code 118A.460 – Procedure for Disposal of Personal Property Abandoned or Left on Premises
9
Nevada Judiciary. How to Appeal a Summary Eviction From Justice Court to District Court
10
Nevada Legislature. Assembly Bill 201 – Eviction Record Sealing Amendments
11
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress