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UPDATED: Feb 13, 2020
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Evictions in Nevada are available to any landlord who follows Nevada law. 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.
Available Nevada Termination Notices
In Nevada, a landlord must notify a tenant that the lease is being terminated before the landlord can file for eviction. Common reasons that landlords will terminate a lease are that the tenant has not paid rent, or the tenant has breached the lease in another way (such as getting a pet if against the terms of the lease). The type of notice a landlord must give depends on the reason the landlord is terminating the lease and also on the type of lease at issue.
At-will tenancies can be terminated for no cause with 5 days notice. If the tenant has a term-lease tenancy, and the landlord wishes to terminate earlier than the length of the term, he or she may do so by serving the tenant with notice according to the reason for the termination. Nevada allows for the following types of written termination notices:
Five-day Notice of Unlawful Detainer for Failure to Vacate Rental Unit: This notice is for a violation of the lease. Landlords can use this notice whether or not the violation can be remedied (NRS’ 40.2516).
Five-day Notice of Unlawful Detainer for Non-payment of Rent: This notice is for failure to pay rent. The tenant has 5 days to pay rent or leave the property (NRS’ 40.2512).
Evictions in Nevada are generally handled by the Justice court. Find your local Justice court at the Nevada courts website. Your court will have forms available for you to fill out, but you can also find many of these forms here. While filling out a form seems like something you can do yourself, mistakes are common in these filings. If you’re feeling unsure about filling out the eviction forms, or about anything else regarding the termination or eviction process, you might decide that the best way to go is to hire an experienced Nevada landlord tenant attorney to handle things for you. You can refer to Questions to Ask Your Nevada Evictions Lawyer below when speaking with an attorney.
Self-Help Evictions in Nevada
Self-help evictions are illegal in Nevada. A landlord may not force a tenant out by turning off the utilities or locking the tenant out. If the landlord resorts to self-help to remove a tenant, the tenant may be able to sue the landlord under NRS’ 118A.390(5)(b) for actual damages and/or $1000.
Questions to Ask Your Nevada Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?