Nevada Statewide Rule
Nevada Eviction Notice Requirements
Key Facts
- Nonpayment notice
- 7 judicial days to pay or quit (NRS 40.253)
- Tenant response
- Tenant files affidavit with justice court to contest
- If no affidavit
- Court may order removal
- Removal window
- 24–36 hours after order posted
Summary
For nonpayment, NRS 40.253 requires a 7-judicial-day pay-or-quit notice before summary eviction. Nevada uses a unique 'tenant-initiated' process: the tenant must file an affidavit (answer) with the justice court to contest the eviction, and a court order issues if no affidavit is filed in time.
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent. 1. Except as otherwise provided in subsection 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord's agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises: (a) Before the close of business on the seventh judicial day following the day of service; or (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.
Full Breakdown
NRS 40.253 lets a landlord serve a notice requiring the tenant to pay rent or surrender the premises 'before the close of business on the seventh judicial day following the day of service.' Nevada's summary-eviction process is distinctive: rather than the landlord filing a lawsuit first, the tenant must file 'an affidavit with the court... stating that the tenant has tendered payment or is not in default in the payment of the rent' to contest the matter; if the tenant files in time, the landlord may not lock out the tenant after receiving a file-stamped copy. If no affidavit is filed, the court may order removal. When an affidavit is filed, the court holds a hearing on its truthfulness and sufficiency, and the sheriff or constable removes the tenant 'not earlier than 24 hours but not later than 36 hours' after the order is posted.
Violations & Penalties
No specific statutory penalty. A landlord who uses self-help or locks out a tenant who has timely filed the affidavit acts unlawfully and may be liable for damages; defective or premature notice can result in dismissal of the eviction.
Frequently Asked Questions
How many days' notice is required to evict for nonpayment in Nevada?
Why does a Nevada tenant have to file paperwork to fight an eviction?
Sources
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