FAQ'S
What is a Summary Eviction?
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Nevada Eviction Notice to Pay Rent or Quit
The majority of evictions concern nonpayment of rent. In a Nevada eviction process concerning nonpayment of rent, the landlord must first serve or post a 5-Day Notice to Pay Rent or Quit. If the tenant pays weekly, it is a 4-Day Notice. A summary eviction cannot be used if the landlord wishes to obtain a money judgment as part of the action.
To survive a legal challenge for insufficiency, the Notice should include the following:
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Amount of rent owed.
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When the rent deficiency occurred.
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That the tenant can cure the deficiency by paying the total amount owed within 3 days of service.
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That the tenant may oppose the notice by filing an Affidavit or Answer in a particular, named court.
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That the sheriff or county constable, after issuance of a court order, can remove the tenant within 24 hours of receipt of the order.
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That the landlord may not unilateral steps to prevent the tenant’s access to the property or to shut off utilities until a court order is issued and the sheriff has arrived to remove the tenant.
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That the tenant has a legal remedy if the landlord unlawfully attempts to evict the tenant.
What form is used to start the process of Eviction?
Nevada Revised Statutes require a five-day notice to the tenant, instructing the tenant to either pay the rent or "quit" (leave) the rental property. To evict a tenant for nonpayment of rent, the landlord must "serve" (deliver) a Five-Day Notice to Pay Rent or Quit to the tenant. (NRS 40.253(1)(a).)
Can a landlord evict someone for no reason in Nevada?
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The evictions process is uncomplicated but must be followed carefully or the eviction suit will be thrown out. Under no circumstances should a landlord use any means other than the legal process to force out a tenant. If a Nevada landlord uses self-help to evict, the tenant may be able to sue the landlord for damages.
The Nevada eviction process provides for two separate proceedings: a summary proceeding and a formal one, depending on whether the landlord wishes to combine the unlawful detainer action with a request for a money judgment.
How is the Notice served?
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The Notice can be served personally if a witness is present who can attest to the service. It can be served by leaving a copy with a person of suitable discretion who is at least 14 years of age along with mailing the notice. Also by serving the tenant at his or her place of business and duly witnessed. If none of these can be done, by posting the notice at a conspicuous location at the unit and by mailing it.
