In Nevada, landlords may remove a renter who does not pay their rent. This is how.
In Nevada, a landlord may evict a renter if the tenant fails to pay rent on time. The landlord must provide the tenant with a written eviction notice advising the tenant that rent is due and that the tenant has five days to pay or vacate the rented property.
According to the Nevada Revised Statutes, this article will describe the steps a landlord must take when evicting a tenant for failing to pay rent.
When Is Rent Due in Nevada?
Rent is normally payable on the first of every month, unless the landlord and renter agree differently. The renter must pay rent on the first of the month regardless of whether it is a weekend or holiday (see Nev. Rev. Stat. Ann. 118A.210).
The Date of the Eviction Notice
If a tenant fails to pay rent on time, the landlord may issue an eviction notice the day after the payment is due. The notice must provide the renter with five days to pay the rent or vacate the rental property. This is also known as a “five-day notice to pay rent or leave.” This five-day eviction notice covers weekends and holidays and begins the day the tenant gets the notice. If the tenant fails to pay the rent or vacate within five days, the landlord may initiate an eviction lawsuit (see Nev. Rev. Stat. Ann. 40.2512).
Eviction Notices in Nevada Contain Information
A written eviction notice for nonpayment of rent must contain the following:
date served on the tenant(s) name(s) and address of the tenant(s) rental unit reason for the notice (that the tenant failed to pay rent for a specified period of time)
entire amount of past-due rent, including any late fees, and where and to whom the rent and late fees should be paid
a declaration that the tenant has five days to pay the rent and late fees (the notice should indicate the precise date by which this must occur) or the landlord will initiate eviction procedures, and a statement describing how the notice was delivered to the tenant.
A example eviction notice may be obtained on the Clark County Courts’ forms website.
Eviction Notice Service in Nevada
A landlord may serve an eviction notice on a tenant in a number of methods, including:
1. The landlord or a landlord’s representative may physically deliver the notice to the tenant, ideally at the rental unit or the tenant’s place of business. A witness must be present for the landlord.
2. If the tenant is not present at the rental unit or at the tenant’s place of business, the landlord or the landlord’s agent may serve the notice on another person at either location. After that, the landlord must send a copy to the renter at either the rental unit or the tenant’s place of business. If the notification is sent, the landlord should seek a return receipt as confirmation of postage.
3. If the landlord does not know where the tenant is presently staying or working, or if no one is accessible at either location to provide the notice to, the tenant may post the notice in a prominent spot at the rented unit (such as taped to the front door of the rental unit). A copy must also be sent to the rental unit. When sending the notice, the landlord should seek a return receipt.
For further information on serving eviction notices, see Nevada Revised Statute Ann. 40.280.
Tenant Reactions to a Notice of Eviction for Nonpayment of Rent
After getting an eviction notice for nonpayment of rent, a tenant may reply in one of many ways:
1. If the tenant pays the rent within the five-day term, the landlord cannot continue with the eviction. If the tenant fails to pay rent in the future, the landlord must begin the eviction procedure all over again.
2. The renter may leave the leased unit. If the tenant vacates the rental property but fails to pay the rent, the landlord may utilize the security deposit to satisfy any outstanding obligations. If the security deposit does not cover the whole amount of rent and late fees owing to the landlord, the landlord may sue the tenant for the remaining balance.
3. If the tenant fails to pay rent and fails to vacate the rented unit within five days, the landlord may initiate an eviction case. This is also known as an illegal detainer action.
In Nevada, Filing an Eviction Lawsuit
If the tenant does not pay the rent or vacates the rental unit after receiving the eviction notice, the landlord may file a complaint and summons with the courts in the township where the rental unit is situated. Before the tenant may be removed, the landlord must win this action. Tenants in Nevada may have many defenses against eviction for nonpayment of rent, such as the landlord’s inability to maintain suitable rental premises.
On the Clark County Court forms website, you may find an example complaint and summary.
Without a court order, the landlord may not seek to evict the tenant from the leased unit. For example, the landlord cannot change the locks on the rented apartment or turn off the utilities. This is known as a “self-help” eviction, and it is prohibited in Nevada (see Nev. Rev. Stat. Ann. 118A.390).