Notify tenant of intent to evict in Nevada: Nevada Eviction Notice
What we’ll cover
What is a Nevada Eviction Notice or Notice to Quit?
If you own or manage residential property in Nevada, you can create a Nevada Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Nevada Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Nevada can be used for residential property within the Silver State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a Nevada Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Nevada Eviction Notice
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Complies with relevant laws
FIVE-DAY NOTICE TO PAY RENT OR QUIT (NRS 40.253)
, Nevada
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Nevada
PLEASE TAKE NOTICE that you are in default in payment of rent for the above described premises in the sum of , representing rent due for the period from to .
Your failure to pay rent or vacate the premises within FIVE (5) judicial days following the Date of Service of this notice may result in your landlord applying to the Justice Court for an eviction order. If the court determines that you are guilty of an unlawful detainer, the court may issue a summary order for your removal or an order providing for your nonadmittance, directing the sheriff or constable to remove you within twenty-four (24) hours after receipt of the order. Pursuant to NRS 118A.390, you may seek relief if a landlord unlawfully removes you from the premises or excludes you by blocking or attempting to block your entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of the Nevada Revised Statutes.
YOU ARE HEREBY ADVISED OF YOUR RIGHT TO CONTEST THIS NOTICE by filing an Affidavit (or Answer), no later than noon on the fifth full judicial day following the Date of Service of this notice, with the Justice Court stating that you have tendered payment or are not in default in the payment of rent.
Dated:
By:______________________________
| , , |
DECLARATION OF SERVICE
On _________________________, I served this Notice in the following manner
□By delivering a copy to the tenant(s) personally, in the presence of a witness (the server, witness, and tenant must all sign a copy of the notice);
______________________________________________________________________________
| (Date) | (Witness' name) | (Witness' signature) |
__________________________________
(Tenant's signature)
-OR-
□Because the tenant(s) were absent from their place of residence or from their usual place of business, by leaving a copy with ___________________________, a person of suitable age and discretion, at either place and mailing a copy to the tenant(s) at their place of residence or place of business;
-OR-
□Because the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there, by posting a copy in a conspicuous place on the property, delivering a copy to a person there residing, if the person could be found, and mailing a copy to the tenant(s) at the place where the property is situated.
I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.
______________________________________________________________________________
| (Date) | (Server's name) | (Server's signature) |
About Eviction Notices in Nevada
Learn about how to notify tenant of intent to evict in Nevada
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Different types and reasons for evictions in Nevada
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
"Nevada Five-Day Notice to Pay Rent or Quit (NRS 40.253)"
5 days' notice
Nevada Revised Statutes § 40.253
Violation of lease or rental agreement
"Nevada Five-Day Notice to Quit for Violation of Rental Agreement (NRS 40.254)"
5 days' notice
Nevada Revised Statutes § 254
Termination of periodic tenancy
“Nevada Thirty-Day 'No-Cause' Notice to Quit (NRS 40.251)”
30 days' notice
Nevada Revised Statutes § 40.251
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Nevada
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
A tenant is guilty of unlawful detainer if they stay in the rental property after failing to pay rent and don't pay or leave within five days of receiving a notice. (Nev. Rev. Stat. Ann. § 40.2512)
If a tenant paying monthly or less fails to pay rent, the landlord may serve a notice requiring payment or surrender of the property by noon of the fifth full day after the notice. If the landlord chooses not to do this and the rent is due weekly or less, and the tenancy is less than 45 days, the tenant must pay or leave by noon of the fourth full day after the notice. (Nev. Rev. Stat. Ann. § 40.253)
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
A tenant is guilty of unlawful detainer if they: 1) assign or sublet the property against the lease terms, 2) damage the property, 3) conduct illegal business on the property, 4) cause a nuisance that unreasonably obstructs others' property use and causes harm to other occupants or nearby buildings, or 5) violate the Uniform Controlled Substances Act (Nev. Rev. Stat. Ann. §§ 453.011 through 453.552). The tenant must leave within three days after being served a notice to quit. (Nev. Rev. Stat. Ann. § 40.2514)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
The landlord can dispose of personal property left by an evicted tenant without facing legal consequences if they store it safely for 30 days. After 30 days, the landlord can dispose of the property and recover costs if they: 1) made reasonable efforts to find the tenant, 2) notified the tenant in writing about the plan to dispose of the property, or 3) waited 14 days after sending the notice. The landlord is only liable for any negligence or wrongful acts in storing the property. (Nev. Rev. Stat. Ann. § 118A.460)
TENANT PROTECTION REGARDING FORECLOSURES
If a residential property is being foreclosed, the tenant must receive a separate notice within three business days after the sale notice is given. (Nev. Rev. Stat. Ann. § 21.130(3))
Additionally, if a property up for lease or rent is going through foreclosure, the landlord must tell any potential tenant about it in writing. (Nev. Rev. Stat. Ann. § 118A.275)
MORE RELEVANT LAWS
Nev. Rev. Stat. Ann. § 21.130; Nev. Rev. Stat. Ann. §§ 40.250 through 40.425; Nev. Rev. Stat. Ann. § 40.464; Nev. Rev. Stat. Ann. § 118A.275; Nev. Rev. Stat. Ann. §§ 118A.460 through 118A.520.
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How to write a Nevada Eviction Notice
Below is a list of details you may need when preparing a Nevada Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Nevada, this is often called a Declaration of Service.
Luckily, you don't need to start from scratch when making a Nevada Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Nevada: what happens after making an Eviction Notice?
Now that you have made your Nevada Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Send the notice through certified mail.
- Work with a process server.
- Deliver it in person (if done by the landlord, a witness needs to be present).
Please remember that "self-help" or "DIY" evictions are illegal in Nevada. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer lawsuit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Nevada website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Nevada Eviction Notice FAQs
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Do I need an Eviction Notice in Nevada?
Generally speaking, yes, if you wish to remove a tenant from your Nevada rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If youve got any concerns about Nevada eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Nevada?
While you can choose to make a Nevada Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations is extremely helpful.
A reach out to a Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Nevada eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Nevada, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Nevada - or anywhere else - to any tenant.
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How do I create a Nevada Eviction Notice template for free?
Don't worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Nevada Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a Nevada Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Nevada Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Nevada?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Nevada eviction process from beginning to end?
The duration of the eviction process for Nevada tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Nevada notice periods to get you started:
- Past-due rent: 7-day notice.
- Non-compliance with terms: 5-day notice.
- No direct fault: 30-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere between 2 weeks and 2 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Nevada?
After making a Nevada Eviction Notice, the next step is to serve it. You may read more about the eviction process in Nevada and everything that follows here.
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What happens after the given notice period is over in Nevada?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer lawsuit.
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