Nevada eviction laws
Notices, deadlines, court and tenant rights in Nevada — in plain English.
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Overview
- The court case
- Summary eviction (or formal unlawful detainer action)
- Court
- Justice Court for the township where the property is located (formal unlawful detainer may also be filed in District Court)
- Main laws
- NRS 40.215-40.425 (unlawful detainer and summary eviction, esp. 40.251, 40.2514, 40.2516, 40.253, 40.254, 40.280); NRS Chapter 118A (Residential Landlord and Tenant Act)
Just-cause protection
No statewide law
Nevada has no just-cause eviction law. A landlord may end a periodic tenancy without a reason with proper notice, except for retaliation or discrimination. Nevada uses a unique 'summary eviction' process: the landlord serves a notice, and the tenant must file a Tenant's Affidavit with the court to stop the eviction; if the tenant does not, the landlord can ask the court for a lockout order. (NRS 40.251, 40.253, 40.254; NRS 118A.510)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — 7-Day Notice to Pay Rent or Quit
The landlord serves a 7-Day Notice to Pay Rent or Quit, which gives the tenant 7 judicial days (court days) to pay, move out, or file a Tenant's Affidavit disputing the eviction. The notice must contain specific information required by law and must be served by a sheriff, constable, licensed process server or an attorney's agent.
7-Day Notice to Pay Rent or Quit
- Notice period
- 7 court days
- Longer notice
- For tenancies of a week or less (short-term tenants), the period is shorter: until noon of the 4th full day after service (NRS 40.253)
- Counting
- Count 7 judicial days after the day of service – do not count the day of service, weekends, or court holidays. The tenant has until the court's close of business on the 7th judicial day. If the notice is served by posting and mailing, service is complete on the date of posting (the notice must state the day of service).
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and rental address
- Rental period in default, periodic rent amount, date and amount of last payment
- Current rent due, past due rent, late fees (maximum 5% of periodic rent), and total amount owed
- Demand to pay the amount owed or surrender the premises before the close of business on the 7th judicial day following the day of service
- The name and address of the Justice Court with jurisdiction and the tenant's right to contest by filing a Tenant's Affidavit before the deadline
- Statement that if the tenant fails to pay or file an affidavit the landlord may apply for an order of summary eviction and the tenant may be removed within 24-36 hours after the order is served
- Information on the tenant's right to request a stay of up to 10 days and on the remedy if the landlord unlawfully locks out or shuts off utilities
- Where and how rent can be paid
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Must be served by a sheriff, constable, licensed process server, or an agent of a Nevada-licensed attorney – not by the landlord personally. Methods: hand it to the tenant; or if absent, leave with a person of suitable age and discretion at the home or business AND mail a copy; or if no one suitable is there, post it in a conspicuous place on the property, give a copy to a resident if one can be found, AND mail a copy. File proof of service.
- Official form
- Nevada Justice Court 'Seven-Day Notice to Pay Rent or Quit (NRS 40.253)' form (Civil Law Self-Help Center / local Justice Courts)
- Law
- NRS 40.253, 40.280
- Late fees in the notice cannot exceed 5% of the periodic rent.
- If the tenant pays the full amount owed (or files a Tenant's Affidavit) before the deadline, the landlord cannot get a summary eviction order on this notice.
- In 2025 the Legislature passed AB 283 to replace summary eviction with a landlord-files-first process, but the Governor vetoed it; summary eviction remains the law in 2026.
The tenant broke the lease or rules — 5-Day Notice to Perform Lease Condition or Covenant or Quit → 5-Day Notice of Unlawful Detainer
For a lease violation the tenant can fix, the landlord serves a 5-Day Notice to Perform Lease Condition or Quit. If the tenant does not fix it within 5 days, the landlord then serves a 5-Day Notice of Unlawful Detainer, which gives the tenant 5 judicial days to move out or file a Tenant's Affidavit.
5-Day Notice to Perform Lease Condition or Covenant or Quit
- Notice period
- 5 court days
- Counting
- 5 days after service. Double-check with the court: the statute says '5 days'; Nevada self-help materials count these as judicial days (excluding weekends and court holidays). Do not count the day of service.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and rental address
- The lease condition or covenant being violated and the facts
- Demand that the tenant perform (cure) the condition or surrender the premises within 5 days
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Serve by NRS 40.280 methods (personal; suitable-age person plus mailing; or posting, delivery to a resident if found, plus mailing). Service by sheriff, constable, licensed process server or attorney's agent is recommended.
- Official form
- Nevada Justice Court 'Five-Day Notice to Perform Lease Covenant or Quit' form (Civil Law Self-Help Center)
- Law
- NRS 40.2516, 40.280
5-Day Notice of Unlawful Detainer
- Notice period
- 5 court days
- Counting
- Tenant has until the court's close of business on the 5th judicial day after the day of service to move out or file a Tenant's Affidavit. Weekends and court holidays are not counted.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- Statement that the tenant is guilty of unlawful detainer and the reason (e.g., failure to cure the violation after the earlier notice)
- The court with jurisdiction and the tenant's right to contest by filing a Tenant's Affidavit before the court's close of business on the 5th judicial day after service
- Statement that if the tenant does not move out or file an affidavit the landlord may apply for summary eviction
- Tenant's right to request a stay of up to 10 days
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Serve by NRS 40.280 methods, by a sheriff, constable, licensed process server or attorney's agent.
- Official form
- Nevada Justice Court 'Five-Day Notice of Unlawful Detainer' form
- Law
- NRS 40.254, 40.280
- Double-check with the court: Some Justice Courts allow the unlawful detainer notice to be combined with or served right after the notice to perform; follow the local court's forms.
The lease ended and the tenant stayed — 5-Day Notice of Unlawful Detainer
If a tenant stays after a fixed-term lease ends, no earlier termination notice is required by statute (unless the lease requires one), but the landlord must serve a 5-Day Notice of Unlawful Detainer before seeking summary eviction.
5-Day Notice of Unlawful Detainer
- Notice period
- 5 court days
- Counting
- Serve after the lease has ended. The tenant has until the court's close of business on the 5th judicial day after the day of service; weekends and court holidays are not counted.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- Statement that the lease expired on a specific date and the tenant is holding over (unlawful detainer)
- The court with jurisdiction and the tenant's right to file a Tenant's Affidavit before the court's close of business on the 5th judicial day after service
- Statement that the landlord may apply for summary eviction if the tenant does not leave or file an affidavit
- Tenant's right to request a stay of up to 10 days
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Serve by NRS 40.280 methods, by a sheriff, constable, licensed process server or attorney's agent.
- Official form
- Nevada Justice Court 'Five-Day Notice of Unlawful Detainer' form
- Law
- NRS 40.250, 40.254, 40.280
- Accepting rent after the lease ends usually creates a month-to-month tenancy, which then requires the 30-day no-cause notice.
Ending a month-to-month tenancy (no fault) — 30-Day No-Cause Notice to Quit → 5-Day Notice of Unlawful Detainer
A month-to-month tenancy can be ended without cause with a 30-day notice (7 days for week-to-week). After the 30 days pass, if the tenant has not moved, the landlord serves a 5-Day Notice of Unlawful Detainer. Tenants who are 60 or older or have a disability can ask in writing for up to 30 more days.
30-Day No-Cause Notice to Quit
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days)
- Counting
- At least 30 calendar days (7 for week-to-week) after service; day of service not counted.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- Statement that the tenancy is terminated and the date the tenant must leave
- Notice that a tenant who is 60 or older or has a physical or mental disability may request, before the notice expires, an additional 30 days by submitting written proof
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Serve by NRS 40.280 methods (personal; suitable-age person plus mailing; or posting plus mailing). Using a sheriff, constable or licensed process server gives the best proof.
- Official form
- Nevada Justice Court 'Thirty-Day No-Cause Notice to Quit' form (Civil Law Self-Help Center)
- Law
- NRS 40.251, 40.280
5-Day Notice of Unlawful Detainer
- Notice period
- 5 court days
- Counting
- Serve after the 30-day notice expires. Tenant has until close of business on the 5th judicial day after service; weekends and court holidays not counted.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- Statement that the tenancy was terminated by the earlier notice and the tenant is holding over
- The court with jurisdiction and the tenant's right to file a Tenant's Affidavit before close of business on the 5th judicial day
- Tenant's right to request a stay of up to 10 days
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Serve by NRS 40.280 methods, by a sheriff, constable, licensed process server or attorney's agent.
- Official form
- Nevada Justice Court 'Five-Day Notice of Unlawful Detainer' form
- Law
- NRS 40.254, 40.280
- Federal, state or tribal government workers may also request extra time during a government shutdown (NRS 40.251).
- No-cause termination in retaliation for a complaint to a government agency is prohibited (NRS 118A.510).
Illegal activity, violence or serious damage — 3-Day Notice to Quit (Nuisance, Waste, Unlawful Business, Drugs)
For nuisance, waste (serious damage), unlawful business on the property, or violations of controlled-substance laws, the landlord serves a 3-Day Notice to Quit with no right to cure. If the tenant stays, the landlord proceeds with the unlawful detainer notice and summary eviction.
3-Day Notice to Quit (Nuisance, Waste, Unlawful Business, Drugs)
- Notice period
- 3 days
- Counting
- 3 days after service; day of service not counted. Double-check with the court: some courts count judicial days; allowing 3 judicial days is safer.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- The ground (assignment/subletting against the lease, waste, nuisance, unlawful business, or controlled-substance violation) and the specific facts
- Demand that the tenant surrender the premises within 3 days
- The court with jurisdiction and the tenant's right to contest by filing a Tenant's Affidavit
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Sheriff, marshal or constable. Serve by NRS 40.280 methods, preferably by a sheriff, constable, licensed process server or attorney's agent.
- Official form
- Nevada Justice Court 'Three-Day Notice to Quit for Nuisance/Waste/Unlawful Business' form
- Law
- NRS 40.2514, 40.280
- Double-check with the court: After the 3-day period, many Justice Courts require the landlord to also serve a 5-Day Notice of Unlawful Detainer before applying for summary eviction; check the local court's packet.
- A tenant who is a victim of domestic violence cannot be evicted because of the violence against them (NRS 118A.345).
How a tenant responds
In a summary eviction the tenant responds to the notice itself, not to a court summons: the tenant must file a Tenant's Affidavit (and pay no fee) with the Justice Court before the court's close of business on the 7th judicial day after service of a nonpayment notice, or the 5th judicial day after service of an unlawful detainer notice. The court then sets a hearing. If the tenant does not file, the landlord can ask for a summary eviction order, and the constable can remove the tenant within 24-36 hours after the order is served. In a formal (non-summary) unlawful detainer case, the summons sets the answer deadline.
Deadline: 7 business days after being served · Form: Tenant's Affidavit to Contest Summary Eviction (Nevada Justice Courts / Civil Law Self-Help Center) · NRS 40.253(3), (5), 40.254
City and local rules
- Clark County (Las Vegas, Henderson, North Las Vegas) Justice Courts and the Civil Law Self-Help Center publish the notice forms and an online Tenant's Affidavit filing system.
- Reno and Sparks Justice Courts (Washoe County) publish their own versions of the 7-day notice form (updated June 2026).
Official court forms
Landlords
- AB226 — 5-Day Notice to Pay Rent or Quit
- Form 04 — Five-Day Notice of Unlawful Detainer for Failure to Vacate Rental Unit
- Seven-Day Notice to Pay Rent or Quit
- Complaint for Summary Eviction for Nonpayment of Rent
Sources
- NRS Chapter 40 (Nevada Legislature)
- Sparks Justice Court – 7-Day Notice to Pay Rent or Quit form (Rev. 6/11/2026)
- NRS 40.2516 (Justia)
- Civil Law Self-Help Center – Types of Eviction Notices
- Nevada Current – 2025 eviction bill vetoes
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.