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​​​UNDERSTANDING THE EVICTION PROCESS

From the Constable, Las Vegas Township

(More information can be found at Nevada Revised Statutes: CHAPTER 118A – LANDLORD AND TENANT: DWELLINGS)

EVICTIONS

All evictions must begin with a NOTICE that must be served by a process server, the constable, or an agent of an attorney. There are several types of notices to choose from. You may not always be able to use the quickest notice available. You must choose one that applies to your specific situation. Evictions may take anywhere from 10 to 180 days, depending on the circumstances of the case.

  

GENERAL INFORMATION FOR NOTICES

The numbers of days listed for each of these notices are BUSINESS days and not calendar days.  Please note that the day of service does not count as one of the days and holidays do not count either. 

 

7 DAY NOTICE TO PAY OR QUIT:

Nevada Revised Statutes require a seven-day notice to the tenant, instructing the tenant to either pay the rent or “quit” (leave) the rental property. After service, a landlord cannot refuse to accept the tenant’s FULL rent. A landlord CAN REJECT a partial payment.  Rent includes late fees, but a summary eviction cannot be ordered for things like court costs, collection fees, attorney fees, and the like.  (NRS 118A.150, NRS 188A.220(1)c.)

TENANCY-AT-WILL NOTICES:

Nevada law requires a five-day notice to the tenant, informing the tenant that the tenancy-at-will is ending and instructing the tenant to leave, followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) that tells the tenant to leave because the tenant’s presence is now unlawful.

What, exactly, is a “tenancy-at-will”?

  • A “tenancy-at-will” is the type of tenancy that exists when the tenant (known as the “tenant-at-will”) occupies the premises with the consent of the landlord (either express or implied) for an indefinite period of time with no periodic rent paid or reserved, where the tenancy can be terminated at any time at the will of either party.  (See Baker v. Simonds, 79 Nev. 434, 386 P.2d 86 (1963); 49 Am. Jur. 2d, Landlord and Tenant § 118.) 

NO CAUSE NOTICES:

Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant’s presence is now unlawful.

When can a landlord use a “no cause” eviction notice?

  • A landlord can use a “no cause” notice ONLY after the tenant’s lease has expired, if there is no lease agreement or the lease is expiring in 30 calendar days.  (NRS 40.251(1)(b)(1).)

    Must the landlord give the tenant an additional thirty days on the property if the tenant asks for it?

    • Simply put, no. A landlord does NOT have to grant an additional 30 days to the tenant. The tenant can request an additional 30 days only if the tenant is sixty years old or older or has a physical or mental disability. Requests for the additional time must be in writing, and provide documentation proving tenant’s age (such as a driver’s license) or disability (such as a social security award letter).  (NRS 40.251(2).)

    • If the tenant requests the additional thirty days and the landlord refuses, the tenant can file a motion with the court to get the additional time.  The court can enter an order allowing the tenant to stay on the rental property for an additional thirty days after the initial thirty-day notice expires.  (NRS 40.251(4).)

If the landlord allows the tenant to stay on the property for an additional thirty days (or if the court issues an order allowing the tenant to stay), does the tenant have to pay rent during that time?

  • Unless the court orders something else, the landlord and tenant will continue to have the same rights and obligations that they had before the additional thirty-day period was granted, including any obligations regarding payment of rent.  (NRS 118A.310.)

  • If the tenant fails to pay rent, the landlord could serve the tenant with a Seven-Day Notice to Pay Rent or Quit and start an eviction based upon tenant’s nonpayment (unless the court has made some order changing tenant’s payment obligation).

 

NOTICES FOR NUISANCE, WASTE, ASSIGNING/SUBLETTING, UNLAWFUL BUSINESS, or DRUG VIOLATION:

Nevada law requires a three-day notice to the tenant that describes the alleged nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use, followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant’s possession is now unlawful. 

The three-day notice can be used where the tenant is:

  • Committing or permitting a “nuisance” on the rental property;

  • Assigning or subletting the rental property in violation of the lease;

  • Committing or permitting “waste” (damage or destruction) on the rental property;

  • Setting up or carrying on any unlawful business on the rental property; or

  • Violating a controlled substance law in NRS 453.011 to 453.552 (except NRS 453.336).

What does “nuisance” mean?

  • A “nuisance” is “conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures.”  (NRS 40.2514(4).)

  • A tenant can also be evicted for certain drug-related activity (specifically, for any violation of the controlled substance laws in NRS 453.011 to 453.552, except NRS 453.336), even though the activity does not meet the definition of “nuisance.”

When can a tenant be evicted for assigning or subletting?

  • If the lease says the tenant cannot assign the tenant’s interest in the tenancy or sublet the rental property, the landlord can seek an eviction.  However, a landlord cannot unreasonably withhold consent to a tenant’s request to assign or sublet the property.

What is an “unlawful business”?

  • “Unlawful business” is operating a business out of a residential property that is not zoned for commercial use

When is a tenant “committing or permitting waste” on the property?

  • “Waste” is generally some harmful or destructive use of the property by someone in rightful possession that decreases the property’s value.  “Committing waste” means that a person is doing something or taking some action that is causing harm to the property.  “Permitting waste” means that a person is failing to prevent or affirmatively allowing harm to the property.

 

LEASE VIOLATION NOTICES:

Nevada law requires a five-day-notice to the tenant that describes the lease violation and directs the tenant to either “cure” (fix) the violation or leave, followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to vacate because their possession is now unlawful. 

Can the tenant “cure” (correct) the lease violation in order to avoid an eviction?

  • After the tenant receives the Five-Day Notice to Perform Lease Condition or Quit, the tenant can “cure” the lease violation (in other words, perform the lease condition or correct the lease violation), assuming the lease violation is something that can be performed or corrected, in order to stay on the rental property.

  • After the tenant fixes the problem, the tenant should give written notice to the landlord that the lease violation has been cured.

4 DAY NOTICE TO SURRENDER (UNLAWFUL OCCUPANTS/SQUATTERS)

This section does not apply if there has ever been a landlord-tenant relationship between the parties!

An owner can move forward with the removal of an unlawful, unauthorized occupant through a civil process, whether or not an arrest has been made.  If the owner decides to move forward with removal of the unlawful or unauthorized occupant, the owner can serve one notice on the occupant.  Nevada law requires a 4-day notice to the occupant, instructing the occupant to surrender (leave) the property.