How summary eviction works in Nevada
Most Nevada apartment evictions use summary eviction, a supplemental remedy in NRS 40.253 for nonpayment and NRS 40.254 for other grounds. The landlord serves a notice. If the tenant neither pays, leaves nor files a sworn affidavit with the court by the deadline, the landlord files an affidavit of complaint and the court may issue a removal order without a trial.
If the tenant does file an affidavit, whatever it says, the court must hold a hearing on the notice and both affidavits. With no legal defense, the court can order removal. If there is a legal defense, the court denies relief to both sides and the case moves to a formal unlawful detainer action under NRS 40.290 to 40.420 (NRS 40.253(6)).
Nevada eviction notices and how days are counted
Nevada counts most eviction deadlines in judicial days, which skip weekends and court holidays. A pay-or-quit notice gives the tenant until the close of business of the court on the seventh judicial day following the day of service (NRS 40.253(1)(a)). For rent due weekly or more often in a tenancy of 45 days or less, the landlord may instead require payment by noon of the fourth full day.
Other grounds start with a different notice, then a summary eviction notice under NRS 40.254 that gives the tenant until the fifth judicial day to file an affidavit or ask for a stay of up to 10 days.
| Ground | First notice | Rule |
|---|---|---|
| Unpaid rent | Pay or quit by the 7th judicial day | NRS 40.253 |
| Lease violation | 5 days to perform or surrender | NRS 40.2516 |
| Nuisance, waste, unlawful business, drug law violation | 3 days to surrender | NRS 40.2514 |
| End of month-to-month | 30 days | NRS 40.251 |
| End of week-to-week | 7 days | NRS 40.251 |
What a Nevada pay-or-quit notice must say
NRS 40.253(3) requires the notice to name the court with jurisdiction and tell the tenant three things: the right to contest by filing an affidavit with that court before the deadline, that the court may order the sheriff or constable to post a removal order and remove the tenant 24 to 36 hours after posting, and that NRS 118A.390 gives a tenant relief from an unlawful lockout or utility shutoff.
A 30-day no-cause notice has its own required statement. NRS 40.251(5) says it must explain that a tenant 60 or older or with a disability may ask for 30 more days, and that a federal, tribal or state worker affected by a shutdown may ask to stay until 30 days after it ends.
Don’t refuse late rent because fees are unpaid. Once a pay-or-quit notice is out, NRS 40.253(11) bars refusing rent because the tenant hasn’t paid collection fees, attorney’s fees or other costs, apart from a reasonable late or bad-check charge or security.
Who can serve a Nevada eviction notice
A Nevada landlord can’t hand-deliver a standard eviction notice. NRS 40.280(1) requires the sheriff, a constable, a licensed process server or the agent of a Nevada attorney retained in the case to serve it, by personal delivery, by leaving it with a person of suitable age at the home or business and mailing a copy, or by posting it, delivering a copy to someone living there and mailing a copy.
Proof of service, including the server’s badge or license number, must be filed before the court can issue a removal order (NRS 40.280(4) and (5)). The 4-day short-tenancy notice has its own delivery rules in NRS 40.253(2).
Is there just-cause eviction in Nevada?
No. Nevada lets a landlord end a month-to-month tenancy on 30 days’ notice without a reason, subject to the extension requests described above. A fixed-term lease runs to its end date unless the tenant breaches it.
The 2025 Legislature passed AB 283, which would have changed the summary eviction process, but Governor Lombardo vetoed it, and the NRS 40.253 history shows no amendment since 2021. Check for local rules only if your building has a subsidy or regulatory agreement.
Nevada eviction court process, step by step
Summary eviction cases go to the justice court of the township where the building sits, or to district court where that court has jurisdiction (NRS 40.253(5)). The landlord’s affidavit must list the tenancy start date, rent, deposits above the first month’s rent, the date rent became delinquent, the amount claimed, a statement that the notice was served under NRS 40.280, and copies of the notice and any signed lease.
- Have the pay-or-quit notice served by an authorized server.
- Wait through the 7th judicial day; if the tenant files an affidavit, you may not lock the tenant out (NRS 40.253(4)).
- File the landlord’s affidavit of complaint with proof of service.
- If the tenant filed an affidavit, attend the hearing the court sets.
- The sheriff or constable posts the removal order within 24 hours after receiving it.
- Removal happens no earlier than 24 hours and no later than 36 hours after posting.
Appeals and stays in Nevada
Either side may appeal a summary eviction order by filing a notice of appeal within 10 judicial days after the order is entered (NRS 40.385(1)). A residential tenant can stay the lockout by filing a $250 bond to cover costs on appeal, and must keep paying rent as it comes due. If the tenant stops paying during the appeal, the landlord may serve a new summary eviction notice.
In a formal unlawful detainer case, NRS 40.380 sets a 10-day appeal, and the tenant needs an undertaking of at least twice the judgment and costs to stay it.
Nevada eviction timeline
The table follows an uncontested nonpayment case. The time between the landlord’s affidavit and the court’s order isn’t fixed by statute.
| Step | Deadline | Rule |
|---|---|---|
| Serve pay-or-quit notice | Tenant has until close of business on the 7th judicial day | NRS 40.253(1), 40.280 |
| Tenant affidavit | Same deadline | NRS 40.253(3) |
| Landlord affidavit | After the deadline passes | NRS 40.253(5) |
| Hearing | Only if the tenant filed an affidavit | NRS 40.253(6) |
| Posting of removal order | Within 24 hours after the officer receives it | NRS 40.253(5) |
| Removal | 24 to 36 hours after posting | NRS 40.253(5) |
| Appeal | 10 judicial days after the order | NRS 40.385 |
Lockouts, retaliation and the tenant’s right to pay
A landlord who removes or blocks a tenant, or willfully interrupts an essential service, outside the court process faces NRS 118A.390. The tenant may file a verified complaint for expedited relief within 5 judicial days, the court must hear it within 3 judicial days, and it can award actual damages, up to $2,500, or both, and restore the tenant.
Retaliation is barred under NRS 118A.510 when a tenant made a good-faith code complaint, joined a tenants’ union or raised habitability, among other acts, though the protection doesn’t apply when the tenancy is ended with cause. The tenant can stop a nonpayment eviction by paying the full rent before the notice deadline.
CARES Act and SCRA in Nevada evictions
If your building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or a covered federal housing program, Section 4024(c) of the CARES Act (15 U.S.C. 9058(c)) bars requiring a tenant to vacate until 30 days after a notice to vacate. The 120-day moratorium ended in 2020, but the 30-day text remains and courts have split on whether it still applies. Giving 30 days at a covered building avoids that argument against a 7-day notice.
When a tenant doesn’t respond, federal law requires an affidavit on military status before a default (50 U.S.C. 3931). File it with your landlord affidavit.
Worked example: one nonpaying unit in Las Vegas
Assume a 24-unit Las Vegas building with a unit at $1,600 a month, a tenant who misses rent on August 1, 2027, and $750 for an attorney or eviction service, including notice service. Assume the tenant files nothing.
A process server delivers the notice on Monday, August 2. Seven judicial days run through Wednesday, August 11, and you file the landlord’s affidavit on August 12. If the court signs the order and the constable receives it Monday, August 16, posting follows by August 17 and removal on August 18.
That is 17 days without rent. At $52.60 a day ($19,200 a year divided by 365), lost rent is $894, and with the $750 fee the eviction costs about $1,644 before court fees and turnover. A tenant affidavit adds a hearing, and a real defense moves the case to a formal action.
| Item | Assumption | Amount |
|---|---|---|
| Lost rent | 17 days at $52.60 | $894 |
| Attorney or eviction service | Flat fee | $750 |
| Total | Before court fees and turnover | $1,644 |
Alternatives, and selling with an eviction pending
A short payment plan or cash for keys works when the tenant files an affidavit and a hearing looms. Agree on a move-out date in writing, and if the case is open, ask the court to enter the agreement.
You can also sell with cases open. The buyer takes the building subject to the leases, and the purchase agreement should assign your claims and say who controls each case after closing. Share notices, proof of service, ledgers and filings, and collect estoppel certificates. Deposit transfer rules are covered in our guide to Nevada landlord-tenant law.
Selling your Nevada apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units in Las Vegas, Henderson, North Las Vegas, Reno, Sparks and across Nevada, with tenants in place, including units behind on rent or in summary eviction.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
