Fillable Nevada Eviction Notice Forms – Notice to Quit | Nonpayment | PDF
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In Nevada, landlords can seek two types of evictions. There is a Summary Eviction process, which applies when the property owner does not seek money damages, and there is the Formal Eviction, in which the property owner does seek damages.
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How to File an Eviction in Nevada
1. Notice
For either type of eviction, owners must first notify the tenant. For failure to pay rent (118A.490), owners must serve tenants with a five-day Notice to Pay Rent or Quit. This notice must state how much rent is owed, when the tenant failed to pay it, that the sheriff may forcibly remove the tenant after receiving a court order, that the tenant may correct the issue by paying within the five days, and that the tenant may file an Answer with the court.
Owners have to serve three-day Notices to Quit if the tenant is causing a nuisance, meaning activities that bother neighbors. Any other reason for eviction requires a five-day Notice to Perform Lease Condition or Quit. For example, the tenant could be violating the lease by having a pet on the property.
Unlike other states, Nevada requires a second notice for any eviction except in cases of failure to pay rent. Thus, if the tenant hasn’t fixed the problem or left, the owner must serve this five-day Notice of Unlawful Detainer. Tenants must formally answer this notice within five days.
Notices must be personally delivered to the tenant at home or at work, and if this is not possible, it may be posted at the property and mailed.
2. Summons and Complaint
To proceed, the property owner must then file a Summons and Complaint for Summary Eviction (if the owner does not seek damages). You must bring a copy of the lease, notices, and a certificate of service for the notice. The hearing will be scheduled after the Summons is served.
3. Summary Eviction Hearing
If the tenant disputes the claims in the Complaint with a formal answer, the judge will dismiss the action, in which case the landlord must file a formal eviction to continue.
Typically, if the eviction is for failure to pay rent, the judge will issue an eviction order if the owner has complied with all previous procedural requirements and presents sufficient evidence that the tenant did not pay the rent.
4. Formal Eviction
At this point, the owner may have the tenant evicted before the formal trial by filing an Application for Order to Show Cause and an Order to Show Cause. Otherwise, the owner may proceed to trial without a prior eviction by filing a Notice of Trial Setting.
The hearing for the Order to Show Cause is to decide which party has the right to possess the property. Each party may present any relevant evidence to support his or her case. If the landlord prevails, the judge will issue a Temporary Writ of Restitution, which will allow the sheriff to physically remove the tenant.
If the judge does not rule for the landlord, the case will proceed to trial, in which the landlord must show that the tenant violated the lease or failed to pay rent.
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