Eviction is often a contentious matter, and in Nevada, a number of laws are in place to formalize the process and make sure due notice is given. Nevada law provides for two types of eviction processes and six types of eviction notices, corresponding to six different grounds for eviction. Attempts to evict for any other reason or deviating from the lawful procedure may mean the eviction can't go through, and some such actions are unlawful.
Nevada Eviction Processes
The two types of eviction process are the “summary” eviction process and the “formal” eviction process. The formal eviction process is used when the landlord wishes to sue for both possession of the rental unit and for monetary damages in the same lawsuit. The summary eviction process is used only to gain possession of the rental unit.
While the landlord can still sue for monetary damages, he must be do so in a separate lawsuit. Formal evictions have more and stricter rules than summary evictions, and a landlord is advised to follow the formal eviction process to hire an attorney.
Serving the Eviction Notice
The general procedure for both processes is similar. Whether a landlord uses the “formal” or “summary” eviction process, the landlord must begin by “serving” (delivering) a written notice to the tenant. This notice should explain the legal basis for the eviction, and it must be specific, typed or neatly written, and not altered in any way.
The landlord is responsible for serving the correct type of notice to initiate the process; the types of notice follow. The landlord must have the notice served by a constable, sheriff, licensed process server or an agent of an attorney licensed in Nevada.
Answering the Eviction Notice
Once the notice is served, in most “summary” cases, the tenant has a certain number of days to comply with the notice before he receives a Five-Day Notice to Quit for Unlawful Detainer. This means the tenant has five judicial days to vacate the property or file an affidavit or “answer” with the court and obtain a hearing with the judge.
The notice must inform the tenant of this right, and it must contain the name of the court that has jurisdiction over the case. However, if the tenant does not file an answer, or if she is found by the court to have no defense to the actions causing the eviction, the court can direct the sheriff or constable to post an eviction order on the premises within 24 hours of receiving the order. After that, the sheriff or constable will remove the tenant between 24 and 36 hours after posting the notice, including overseeing the changing of the locks and sealing of the premises.
Filing a Motion to Stay
The tenant also can file a motion to stay instead of filing an affidavit or answer. This motion also can be filed after the eviction order is entered.
Note that throughout the process, tenants and landlords have a certain number of “judicial days” to perform certain actions. These are like business days, and they do not include weekends and holidays, the date of service, or certain legal holidays. So, for example, if a three-day notice is served on Thursday, the first judicial day is Friday, followed by Monday and Tuesday.
In all cases, it’s unlawful for the landlord to do what is called a “self-help” eviction, in which she tries to remove the tenant herself without due process or make living conditions for the tenant unbearable (such as by turning off utilities), or change the locks. The eviction must go through the proper process. If it does not go through the correct process, the tenant can contest it.
Types of Eviction Notices
The most common type of eviction notice is the Seven-Day Notice to Pay or Quit, which is used when the tenant has not paid rent. It instructs the tenant to either pay the rent or “quit” (leave) the property. The notice must contain the date the rent became due and when it became late, the amount of rent the tenant owes, and that the tenant must pay or leave before noon on the seventh full judicial day after the notice was served.
The notice also must inform the tenant of his right to answer and of the procedure for the rest of the eviction. This is the only type of eviction notice that’s not followed by a Five-Day Notice to Quit for Unlawful Detainer.
A Three-Day Notice for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Violation is the fastest type of notice. For such a notice, “nuisance” means “conduct or an ongoing condition, which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupant of that property or adjacent buildings or structures.”
“Waste” refers to damage or destruction that decreases the property’s value. The notice must contain what the landlord is claiming the tenant did or failed to do, with detailed facts and descriptions. This is followed after the three judicial days by a second five-day Notice to Quit for Unlawful Detainer.
Lease Violation Notice
A Lease Violation Notice is a five-day notice that describes the lease violation and directs the tenant to either leave or “cure” (fix) the violation. From the date the notice is served, the tenant has three judicial days to correct the issue, assuming the lease violation is something that can be performed or corrected. The notice should reference the page and paragraph of the lease provision the landlord claims has been violated. This is followed after five judicial days by a five-day Notice to Quit for Unlawful Detainer.
Tenancy at Will
For a tenancy-at-will situation, Nevada requires a five-day notice to the tenant informing him that the tenancy-at-will is ending and instructing him to leave. After five judicial days, this is followed by a five-day Notice to Quit for Unlawful Detainer. A “tenancy-at-will” exists when the tenant occupies the premises with the expressed or implied consent of the landlord for an indefinite time with no periodic rent paid or reserved, a situation in which the tenancy can be terminated at any time by either party.
For example, if a homeowner allows a guest to stay, this means the guest entered the property with the owner’s permission. The guest does not pay rent and can leave at any time, or the owner can ask the guest to leave. Tenancy-at-will eviction notices are very simple. They simply inform the tenant-at-will that the tenancy-at-will is being terminated and she must move out no later than the fifth full judicial day.
30 Day No-Cause Eviction Nevada
Finally, a No-Cause eviction notice is served when no violation has occurred and the tenant pays rent (in situations without rent, use tenancy-at-will). This type of notice is for the length of time of one standard rent cycle, so if the tenant pays rent monthly, it’s a 30-day notice, and if the tenant pays weekly, it’s a seven-day notice.
If the tenant pays rent on a cycle greater than a month and is at least 60 years old or has a disability, the tenant can make a request to remain on the property an additional 30 days (with proof provided of age or disability). This information, along with the date the landlord expects the tenant to vacate, should be included in the notice.
Under Nevada eviction laws in 2019, sheriff lockouts can no longer occur before the 24-hour notice period for lockout has occurred, regardless of which eviction type is used.