Eviction Notices: By Type (8)
7-Day Notice to Quit | Non-Payment – Used when a tenant has not paid their rent in full.
Download: PDF |
5-Day Notice to Quit | Non-Compliance – If a tenant has violated the terms of their lease, this notice orders them to fix the problem or move out.
Download: PDF |
3-Day Notice to Quit | Severe Non-Compliance or Illegal Activity – Used for tenants who have committed severe lease violations or illegal activities on the rental property.
Download: PDF |
5-Day Notice to Terminate Tenancy at Will – Terminates an at-will rental agreement with five days’ notice.
Download: PDF |
7-Day Notice to Terminate Weekly Lease – Used by the landlord to terminate a week-to-week lease agreement.
Download: PDF |
30-Day Notice to Terminate Month-to-Month Lease – Terminates a monthly or periodic (other than weekly) lease and gives the tenant 30 days to move out.
Download: PDF |
Notice to Terminate – This document can be used to terminate a weekly, monthly, periodic, or at-will tenancy with the appropriate notice period.
Download: PDF |
5-Day Notice to Quit | Unlawful Detainer – Used to evict a tenant who illegally holds over the rental property.
Download: PDF |
Notice Requirements
How to Evict a Tenant in Nevada
Summary and Formal Eviction
In Nevada, there are two eviction processes that a landlord may pursue to remove a tenant from their rental property:
Summary Eviction (described in the instructions below):
- Doesn’t require an attorney
- More quickly resolved
- Processed by Justice Court
- Landlord can’t seek damages in their eviction case (must make a separate case)
Formal Eviction (see Landlord-Tenant Handbook for more info):
- Attorney required
- Mandatory for mobile homes, commercial tenants, and following foreclosures
- Filed with District Court if landlord seeks damages in excess of $10,000
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.
Step 2 – Unlawful Detainer
If the tenant does not comply with the Notice to Quit, the landlord must serve a 5-Day Notice to Quit (Unlawful Detainer) on them before filing for eviction. This notice gives them five days’ notice to contest the eviction or move out.
Non-Payment Cases – If the eviction is in regards to non-payment of rent, this notice is not required and the landlord can skip this step.
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.
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- Tenant’s Affidavit in Opposition to Summary Eviction Regarding Non-Payment of Rent (SAMPLE) – Must be filed within the initial seven-day notice period
- Tenant’s Affidavit in Opposition to Summary Eviction (Other than Non-Payment of Rent) (SAMPLE) – For lease violations and terminations
- Motion to Continue in Possession (SAMPLE) – For tenants who are disabled or at least 60 years of age
Step 4 – Complaint for Summary Eviction
To begin an eviction action, the landlord must complete either a Landlord’s Complaint for Summary Eviction for Non-Payment of Rent (SAMPLE) or a Landlord’s Complaint for Summary Eviction (Other than Non-Payment of Rent) (SAMPLE).
The Complaint must be served on the tenant with an Affidavit of Service (SAMPLE) 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
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)
- 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 notify the tenant and landlord 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.
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. At this juncture, the tenant can file a Motion to Stay (SAMPLE) in an attempt to delay the eviction for 10 days.
Note – If the tenant is non-compliant and didn’t file an Affidavit, the court will issue this order without a hearing.
Step 8 – Removal of Tenant
The court will deliver the Order for Summary Eviction to the constable who operates in the property’s township, who will post the Order on the tenant’s door within 24 hours.
Within 24 to 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
- Complaint for Summary Eviction for Non-Payment of Rent – Sample
- Signed By: Landlord/Agent, Tenant, and Witness
- OR Landlord/Agent and Notary Public
- OR Landlord/Agent’s sworn affidavit under penalty of perjury
- Signed By: Landlord/Agent, Tenant, and Witness
- Complaint for Summary Eviction (Other than Non-Payment of Rent) – Sample
- Signed By: Landlord/Agent, Tenant, and Witness
- OR Landlord/Agent and Notary Public
- OR Landlord/Agent’s sworn affidavit under penalty of perjury
- Signed By: Landlord/Agent, Tenant, and Witness
- Tenant’s Affidavit (Non-Payment of Rent) – Sample
- Signed By: Tenant and Notary Public
- OR Tenant’s sworn affidavit under penalty of perjury
- Signed By: Tenant and Notary Public
- Tenant’s Affidavit (Other than Non-Payment of Rent) – Sample
- Signed By: Tenant and Notary Public
- OR Tenant’s sworn affidavit under penalty of perjury
- Signed By: Tenant and Notary Public
- Motion to Continue in Possession – Sample
- Signed By: Tenant
- Motion to Stay – Sample
- Signed By: Tenant and Justice of the Peace
- Order for Summary Eviction
- Signed By: Court Official
Resources