The Nevada eviction forms are given to a tenant in accordance with NRS 40.280 whether they have broken a condition of their lease agreement due to not paying rent, other clause, or being it the end of a month to month tenancy. The landlord must give the form to the tenant either by personal service (face-to-face) with a witness, certificate of mailing (return receipt), or the service from a Sheriff or constable. Afterwards, if the tenant does not comply with the terms and either rejects the request to cure or fails to vacate, the landlord may follow through with an eviction action (See Process Handbook) in the Local Justice Court.
Notices By Type
5-Day Notice to Quit (Non-Payment of Rent) – This form is for use when a tenant owes past due rent. Landlord must allow the tenant five days to respond before beginning the eviction process.
5-Day Notice to Quit (Non-Compliance) – This form is for use when a tenant has failed to abide by the terms of the lease other than non-payment of rent.
30-Day Notice to Quit (Month to Month) – This form is for the parties to use when one or the other wants to end a month-to-month tenancy.
When is Rent Due
Rent is due on the date specified in the lease agreement between the tenant and landlord. If tenant fails to pay rent, landlord must provide five days notice to tenant before beginning the eviction proceedings in court.
How to Evict (Process)
Step 1 – The first step in any eviction is to make sure you provide tenant with requisite notice as specified in the statutes. If you do not provide notice in a proper manner or do not wait for the specified time period after notice is given, your eviction matter may not be allowed to go forward. Depending on the situation, provide one of the following notices to tenant in person, by service by sheriff or by certified mail:
- 5-Day Notice to Quit (Non-Payment of Rent)
- 5-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If tenant does not respond to the notice within the time period allowed, landlord may begin eviction proceedings. There are two types in Nevada, summary eviction (a short time frame just to get tenant out, but cannot ask for back rent in the same action) and a formal eviction which is a longer, more formal process. If you use the summary eviction, you can still file a separate action for back rent. You must file a Complaint in the Local Justice Court with a Coversheet. You will also need to provide a copy of the lease (if there is one) , a copy if the notice delivered to tenant and evidence that the notice was delivered.
Step 3 – An eviction order will be issued if tenant did not respond to the court within the time period allowed after receiving notice from the landlord. If tenant did respond after receiving notice, the court will schedule a hearing at which point the court will decide whether to evict or not. If the court issues and eviction order, the landlord can have the order delivered to the local constable to have the tenant removed and locked out.