Nevada · Eviction

Facing Eviction in Nevada: What Can I Do?

This page explains what to do if you get an eviction notice or eviction case in Nevada. The rules come from Nevada law and apply statewide. It covers common eviction notices, how to answer a case in court, and what happens if the court orders you removed.

The notice

  1. If you pay rent by the month or a shorter period and fall behind, your landlord can give you a written notice. It must offer you the choice to pay the rent you owe or move out. You have until the close of business on the 7th judicial day (a day the courts are open) after the notice is given.

  2. Your landlord can give a shorter notice if you pay rent weekly or more often, and you rented the home 45 days or less. That notice gives you until noon on the 4th full day after it is given to pay the rent or move out.

  3. For some lease rule problems, your landlord can give you a written notice to fix the problem or move out. You have 5 days after the notice to fix the problem and keep your lease. If the problem cannot be fixed, your landlord does not have to give you this notice first.

  4. If the judge rules against you, you can appeal. File your notice of appeal within 10 judicial days (10 days the courts are open) after the judge's order.

Paying to stop the case

  1. The unpaid rent notice offers a choice: pay the rent owed, or give up the home by the deadline. Your landlord can only ask the court for an eviction order after you fail to do either by that deadline. Paying the full amount by the deadline meets the notice and stops that step.

Going to court

  1. If you disagree with the unpaid rent notice, you can contest it. File an affidavit (your written answer) with the court named in the notice. It must say you already paid the rent or that you do not owe it. File it by the same deadline the notice gives for paying or moving out.

  2. If you file your affidavit (your written answer) by the deadline, your landlord cannot lock you out of your home. This protection starts once your landlord gets a copy of it stamped by the court.

  3. After you file your sworn written answer and your landlord files a sworn statement too, the court holds a hearing. Both you and your landlord are notified of the date. The judge decides if you have a legal defense. If you do not, the judge can order your removal. If you do, the judge must deny the eviction and send the case through the regular court process instead.

  4. In an eviction case for unpaid rent, you can ask the court for money owed to you under your lease or Nevada law. The court decides how much each side owes and enters a judgment (a final court decision) for that amount. You get this money only if you win your case and your landlord pays.

  5. If the judge orders your removal, the sheriff or constable must post the order at your home within 24 hours after receiving it. They can then remove you no sooner than 24 hours and no later than 36 hours after posting the order.

After the court decides

  1. Your landlord must win a court case before taking back your home. Nevada law bans any other way, including shutting off a needed service on purpose. The only other lawful ways are if you give the home back yourself, or you move out and leave it empty.

  2. If you stay in the home during your appeal, you must keep paying rent as it comes due under your lease. If you stop paying, your landlord can start a new eviction case by giving you a new notice.

  3. If the court dismisses your eviction case, the court seals the case file (makes it private) right away.

  4. If the court denies your landlord's eviction request, the court seals the case file (makes it private). This happens 10 judicial days (10 days the courts are open) after the order.