Nevada Eviction Laws
The eviction process in Nevada most much faster than in other states.
The Nevada eviction laws provide for two separate proceedings: a summary proceeding and a formal one depending on whether the landlord wishes to combine the unlawful detainer action with a request for a money judgment. Under no circumstances may a landlord take action against the tenant to evict him or her without following the summary or formal proceedings. A landlord who engages in non-judicial conduct to force the tenant to leave may be subject to significant damages by the tenant.
Summary of Tenant Evictions
Nevada Tenant Eviction Notice to Pay Rent or Quit
In a Nevada eviction process concerning nonpayment of rent, the landlord must first serve or post a 5-Day Notice to Pay Rent or Quit. If the tenant pays weekly then it will be a 4-Day Notice. A summary eviction cannot be used if the landlord wishes to obtain a money judgment as part of the action.
To survive a legal challenge for insufficiency, the Notice should include the following:
- Amount of rent owed.
- When the rent deficiency occurred.
- That the tenant can cure the deficiency by paying the total amount owed within 3 days of service.
- That the tenant may oppose the notice by filing an Affidavit or Answer in a particular, named court.
- That the sheriff or county constable, after issuance of a court order, can remove the tenant within 24 hours of receipt of the order.
- That the landlord may not unilateral steps to prevent the tenant’s access to the property or to shut off utilities until a court order is issued and the sheriff has arrived to remove the tenant.
- That the tenant has a legal remedy if the landlord unlawfully attempts to evict the tenant.
The 4 or 5-Day Notice to Quit must be served for other violations but a second notice is required to be served if the reason for the eviction is other than nonpayment of rent.
3-Day Notice to Quit for Nuisance
For tenants who are causing a nuisance or conduct that interferes with the rights of other tenants or neighbors, the landlord may serve a 3-Day Notice to Quit for Nuisance. The same notice can also be used when the tenant is operating an unlawful business. or subletting the unit without permission. This is followed up by the 5-Day Unlawful Detainer Notice.
Other Violations–5Day Notice to Perform Lease Condition or Quit
For all other violations other than nonpayment of rent, the landlord must serve a 5-Day Notice to Perform Lease Condition or Quit.
The tenant has 3 days from receipt of this Notice to remedy the violation. Afterwards, the 5-Day Notice of Unlawful Detainer must be served.
5-Day Notice of Unlawful Detainer
If the tenant refuses to leave or remedy the lease violation, the landlord must serve the 5-Day Notice of Unlawful Detainer. After receiving this Notice, the tenant has only until noon of the 5th full judicial day after the day of service to vacate or file an Answer or Affidavit. In lieu of an Answer, the tenant may request that the court delay the eviction for up to 10-days by filing a Motion to Stay.
For more information about Nevada eviction law please visit:http://www.leg.state.nv.us/NRS/NRS-118a.html"
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