Nevada Eviction Notice Templates (8)

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Nevada Eviction Notice Templates (8)

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Last updated October 2nd, 2023

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Nevada eviction notices are used by landlords to give their tenants notice that their lease will be terminated and they must vacate the premises. Depending on the circumstances, the tenant may be given the opportunity to cure lease violations or pay outstanding rent to maintain their tenancy. For periodic and at-will tenancies, no cause is required to terminate the lease and the tenant must move out by the appropriate date. If tenants do not comply with the eviction notices within the stated time limit, the landlord can file an eviction action against them with the county court in which the property is located.

By Type (8)

7-Day Notice to Quit for Non-Payment – This eviction notice is used when a tenant has not paid their rent in full. It gives them seven (7) days to pay outstanding debts.

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5-Day Notice to Quit for Non-Compliance – If a tenant has violated the terms of their lease, the landlord can use this eviction notice to allow the tenant the opportunity to cure their violations or quit the premises.

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3-Day Notice to Quit for Severe Non-Compliance or Illegal Activity – Allows landlords to evict tenants who have committed severe lease violations or illegal activities on the rental property with three (3) days’ notice.

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5-Day Notice to Terminate Tenancy at Will – If the landlord has an at-will rental agreement with their tenant, they only need to give five (5) days’ notice to terminate the lease.

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7-Day Notice to Terminate Weekly Lease – This form is used by the landlord to terminate a weekly lease agreement.

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30-Day Notice to Terminate Month-to-Month Lease – This form is used to terminate a monthly or periodic (other than weekly) lease and gives the tenant thirty (30) days to move out.

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Notice to Terminate – This document can be used to terminate any weekly, monthly, periodic, or at-will tenancy with the appropriate notice period.

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5-Day Notice to Quit for Unlawful Detainer – This notice is used after the tenant has failed to comply with a previous notice to quit and gives them the opportunity to contest their eviction, quit the premises, or face physical removal by court order.

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Contents

Eviction Laws + Required Notices

How to Evict a Tenant

In Nevada, there are two (2) eviction processes that a landlord may pursue to remove a tenant from their rental property. The most commonly chosen method is the Summary Eviction (described below) which does not require an attorney, is more quickly resolved, and is processed by the Justice Court. However, this type does not allow the landlord to seek damages in their eviction case, for which they must file a separate claim. The other type, a “formal” eviction, is required under certain circumstances (for mobile homes, commercial tenants, and following foreclosures) and involves different rules, notices, and court forms than a Summary Eviction. Furthermore, if the landlord seeks damages in excess of $10,000, the complaint must be filed with the District Court instead of the Justice Court. See the Landlord-Tenant Handbook for more information on the formal eviction process.

Step 1 – Notice to Quit

Before the landlord can evict a tenant for any purpose, they must deliver the appropriate written notice to them and, depending on the notice type, obtain a declaration of service. Furthermore, the tenant must be given the legally mandated period of time to comply with the terms of the notice before further action is taken.

Step 2 – Unlawful Detainer

In the event that the tenant does not comply with the eviction notice by moving out or curing their lease violations, the landlord must serve a 5-Day Notice to Quit (Unlawful Detainer) on them. This notice gives them five (5) days’ notice with which they can either contest the eviction or abandon the rental property. If the eviction is in regards to non-payment of rent, this notice is not required and the landlord can skip this step and proceed directly to filing a Summary Eviction against the tenant.

Step 3 – Tenant’s Answer 

If the tenant chooses to contest the eviction, they will need to file their relevant response with the Local Justice Court within the given notice period. Any proof that support their case should be included (receipts, photographs, communications with the landlord, etc.).

EFFECTIVE UNTIL JUNE 5th, 2023: Under the recently passed bill AB 486, tenants are protected from eviction if they have a pending rental assistance request or if the landlord has refused to cooperate with the rental assistance program. However, they must file an affidavit citing the AB486 defense within the required notice period to retain this protection.

Step 4 – Complaint for Summary Eviction

To begin an eviction action against a non-compliant tenant, the landlord must complete either a Landlord’s Complaint for Summary Eviction for Non-Payment of Rent or a Landlord’s Affidavit/Complaint for Summary Eviction (Other than Non-Payment of Rent). This document must be served on the tenant with an Affidavit of Service completed. If the service is performed by mail, a United States Postal Certificate of Mailing must be provided.

Step 5 – File Eviction Documents with Circuit Court

Next, the landlord will need to file the following completed documents with the Local Justice Court in which the rental property is located:

  • Complaint for Summary Eviction;
  • Copies of all eviction notices served on the tenant;
  • An original Affidavit of Service and proof of mailing (if applicable); and
  • A copy of the written lease agreement (if any).

Court fees vary from one county to another. Consult Nevada Court Fees and Fee Waivers for more information.

Step 6 – Attend Hearing

If the tenant files an Affidavit within the given notice period, the Justice Court will give the tenant and landlord notification of the scheduled hearing date. At the hearing, both parties will be given the opportunity to present their case and the court will reach a verdict. Failure of either individual to appear in court could result in a default judgment against them. If the tenant wins the case, they can continue their tenancy and may be entitled to damages (to be determined by the court). The landlord is not entitled to win any damages in a Summary Eviction case and will need to seek reparations in a separate case if they so choose.

Step 7 – Eviction Order

If the court rules in the landlord’s favor, they will grant an Order for Summary Eviction. Note that if the tenant is non-compliant and didn’t file an Affidavit, the court will issue this order without a hearing. At this juncture, the tenant can file a Motion to Stay in an attempt to delay the eviction for ten (10) days.

Step 8 – Removal of Tenant

After delivering the eviction order from the court, the constable who operates in the property’s township will post an eviction order on the tenant’s door within twenty-four (24) hours. Within twenty-four (24) to thirty-six (36) hours of the notice being posted, the tenant will be locked out and, if necessary, removed from the property. The landlord will then be contacted to have the locks changed.

Court Forms + Resources

Forms

Resources