Evictions are a difficult process for both landlords and tenants. Whether you are a landlord looking to reclaim your property or a tenant facing eviction, understanding Nevada’s eviction laws is crucial. As a Las Vegas real estate lawyer, I have helped many clients navigate the complexities of eviction laws to ensure their rights are protected. In this guide, we will break down Nevada’s eviction laws, the legal process, and what both landlords and tenants need to know.
Understanding Nevada's Eviction Laws
Nevada has strict eviction laws that landlords must follow to legally remove a tenant. The process is governed by Nevada Revised Statutes (NRS) Chapter 118A, which outlines the rights and responsibilities of both landlords and tenants.
An eviction, also known as an unlawful detainer action, must follow the legal process—landlords cannot forcibly remove tenants, change locks, or shut off utilities to force them out. Doing so is illegal and could result in penalties.
Legal Reasons for Eviction in Nevada
A landlord can evict a tenant in Nevada for several reasons, including:
- Nonpayment of Rent – If a tenant fails to pay rent, the landlord can issue a 7-day Pay or Quit Notice. If the tenant does not pay within that period, the landlord can proceed with the eviction.
- Lease Violations – If a tenant violates the lease (e.g., having unauthorized pets, subletting without permission, or causing property damage), the landlord can issue a 5-day Notice to Cure or Quit. If the violation is not fixed, eviction proceedings may begin.
- No Lease or Expired Lease (Tenancy-at-Will) – If there is no lease agreement, or the lease has expired and the tenant has not vacated, the landlord must provide a 30-day No-Cause Eviction Notice.
- Nuisance or Illegal Activity – If a tenant is engaging in illegal activities (such as drug use or property destruction), the landlord can issue a 3-day Notice to Quit without giving the tenant a chance to fix the violation.
- Foreclosure-Related Evictions – If a property is foreclosed and the new owner wishes to evict the tenants, proper legal procedures must be followed.
The Eviction Process in Nevada
Step 1: Serving an Eviction Notice
The first step in any eviction is for the landlord to serve the appropriate notice. The type of notice depends on the reason for eviction. The notice must be properly served in one of the following ways:
- Personal Service – Hand-delivered to the tenant.
- Substituted Service – Given to another adult at the residence and mailed to the tenant.
- Posting and Mailing – If the tenant is not home, the notice can be posted at the property and mailed.
Step 2: Filing for Eviction with the Court
If the tenant does not comply with the notice, the landlord can file an Unlawful Detainer Complaint with the Las Vegas Justice Court or the relevant court for their jurisdiction. The tenant will receive a summons and complaint and must respond within the legal timeframe.
Step 3: Tenant’s Response and Hearing
- The tenant has the right to contest the eviction by filing an answer with the court.
- If contested, the court will schedule a hearing to allow both parties to present their case.
- If the tenant does not respond, the landlord can request a default judgment and proceed with eviction.
Step 4: Court Decision and Removal
- If the court rules in favor of the landlord, the tenant will be ordered to leave.
- If the tenant refuses, the landlord can request a writ of possession, allowing law enforcement to physically remove the tenant.
Tenant Rights in Nevada Evictions
While landlords have the right to evict tenants, tenants also have legal protections:
- Proper Notice Requirement – Landlords must give tenants proper notice based on the reason for eviction.
- Right to Contest the Eviction – Tenants can respond in court and present evidence in their defense.
- Retaliation Protections – A landlord cannot evict a tenant in retaliation for complaints about unsafe living conditions.
- Eviction Defense Programs – Low-income tenants may qualify for legal aid programs that provide eviction defense assistance.
- Landlord Must Follow the Legal Process – Tenants cannot be locked out, have utilities shut off, or be forcibly removed without a court order.
Landlord Responsibilities in Evictions
- Serve Legal Notices Correctly – Failing to follow the legal process can result in the case being dismissed.
- Maintain the Property During the Eviction Process – A landlord must continue providing essential services (water, electricity, etc.) until the eviction is finalized.
- Return Security Deposits Properly – After an eviction, landlords must return the security deposit within 30 days unless deductions are justified.
When to Consult a Las Vegas Real Estate Lawyer
Evictions can be legally complex, and mistakes in the process can lead to delays, financial losses, and legal trouble. Whether you are a landlord seeking to evict a non-compliant tenant or a tenant facing eviction, working with a Las Vegas real estate lawyer can help you:
- Ensure all legal steps are properly followed.
- Protect your rights during court proceedings.
- Negotiate settlements to avoid costly litigation.
- Defend against wrongful evictions.
Conclusion
Evictions are a serious legal matter, and understanding Nevada’s laws is essential for both landlords and tenants. Landlords must follow the legal eviction process, and tenants have rights that protect them from wrongful evictions. If you need guidance on an eviction case, consulting a knowledgeable Las Vegas real estate lawyer can help ensure the best possible outcome.
If you're dealing with an eviction situation, contact our office today for legal assistance. Whether you're a landlord or tenant, we are here to protect your rights and guide you through the process.
