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Evictions, Lockouts, and Utilities Shut Offs

No Cause Notices

Nuisance Notices

Lease Violation Notices

Five-Day Pay Rent or Quit Notices

Foreclosure Notices to Owner

Notices After a Change of Ownership

Lockout

Utilities Shutoffs


No Cause Notices

Under Nevada law, NRS 40.251, once your lease has expired, the landlord can serve a No Cause Eviction Notice.  This Notice does not have to provide you or the court with any reason for the eviction.

If you rent by the week, the landlord must serve a 7 day notice.  If you rent for any longer period of time, the landlord must provide a 30 day notice. 

After the 30 or 7 day no cause notice expired, the landlord must then serve a 5 Day Unlawful Detainer notice. At the expiration of the Unlawful Detainer Notice, the landlord can file for eviction with the court and the court will order a constable to evict you, unless you can show that you have a legal defense to the No Cause Notice.

If you received a 30 day No Cause notice and are disabled or older than 59 years of age, you can request an additional 30 days in writing and supply proof of  your age or disability. If the landlord denies your request, you can then file a Tenant’s Affidavit in court when you receive the 5 Day Unlawful Detainer upon the expiration of the No Cause Notice.  The court will determine whether you can stay the additional 30 days. 

If you are 59 or younger and not disabled, you can ask the court for more time (up to 10 days) to move under NRS 70.010. You do this by waiting for the landlord to serve a 5 day unlawful detainer after the expiration of the No Cause notice. Then, you must file an tenant’s affidavit with the court within 5 business days. However, you will not have a legal defense to a no cause eviction notice unless your lease has not expired, or your landlord has discriminated or retaliated against you.

Nuisance Notices

Nevada law defines a nuisance as “conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures. . . .”

A nuisance is anything serious or repeated that affects your neighbors or the condition of your dwelling.  For example, a party celebrating your child’s graduation is probably not a nuisance.  Repeated wild parties would be a nuisance.

Depending on the circumstance, this could mean that if you can fix the problem within the expiration of the notice, you will have a legal defense to the eviction. In some situations, however, the nuisance is so severe that the law may prevent you from saving your tenancy by fixing the problem.

After receiving the 3-Day Nuisance Notice, you should submit a statement in writing to your landlord that you have “cured,” fixed, or resolved the problem. The statement should be signed, dated, with a copy to yourself, and include relevant documents, if available.

If the landlord does not agree that the conduct has ceased or otherwise wants to continue with the eviction, you will receive a 5 Day Unlawful Detainer Notice after the 3 Day Nuisance Notice Expires.

The 5 Day Unlawful Detainer Notice must advise you that you have five business days to move or file a tenant’s affidavit with theJustice Court to ask for a hearing on the matter.  Do not count the day you received the notice, weekends, and holidays when the state court is closed. Some courts have 4 day weeks and you do not count the Friday or Monday that the court is closed. Also, if the fifth day is a weekend or holiday, you then have until the next day the court is open. 

If you do not file an affidavit and do not move, then the landlord can get an eviction order from the judge at the end of the 5 Day Unlawful Detainer Notice without any further notice to you. The constable or sheriff will then serve the eviction order to you and lock you out within 24 hours.

Lease Violation Notices

Your landlord can only evict you for a “material” lease violation.  “Material” means important or legally significant.  Repeated instances of minor violations of your lease also constitute a basis to evict you.  For example, not paying a security deposit could be a material lease violation.

After receiving the 5-day Lease Violation Notice, you should submit a statement in writing to your landlord that you have “cured,” fixed or resolved the problem. The statement should be signed, dated, with a copy to yourself, and include relevant documents, if available.

If the landlord does not agree that the lease violation has ceased or otherwise wants to continue with the eviction, you will receive a 5 Day Unlawful Detainer Notice after the 5 day Lease Violation Notice expires.

The 5 Day Unlawful Detainer notice must advise you that you have five business days to move or file tenant’s affidavit with the justice court to ask for a hearing on the matter.  Do not count the day you received the notice, weekends, and holidays when the state court is closed. Some courts have 4 day weeks and you do not count the Friday or Monday that the court is closed. Also, if the fifth day is a weekend or holiday, you then have until the next day the court is open. 

If you do not file an affidavit and do not move, then the landlord can get an eviction order from the judge at the end of the 5 days without any further notice to you. The constable or sheriff will then serve the eviction order to you and lock you out within 24 hours.

Five-Day Pay Rent or Quit Notices

If you have received a 5 Day Pay rRent or Quit Notice, you have until 12 noon of the 5th day following service of this notice to pay the rent, move, or file an affidavit with the Justice Court to request a hearing.  You do not count the day you are served, weekends, holidays, and other days the court is closed.  Some courts have 4 day weeks and you do not count the Friday or Monday the court is closed. You must file by noon of the fifth day and this usually means you will have until noon of the following week to file.  This does not apply if you are served on a weekend or a holiday.  Also, if the fifth day is a weekend or holiday, you then have until the next day the court is open.

If you paid your rent (including partial payment) or tried to pay your rent in full, you may have a legal defense to eviction. The landlord can refuse partial payment.

Late fees are considered part of  your rent.

Under Nevada law, you may withhold rent only if (1) your dwelling has a habitability problem, (2) you have provided written notice to your landlord, (3) your landlord has not fixed this problem or attempted to fix the problem within 14 days, and most important, (4) you must deposit the withheld rent with the court once you file your tenant’s affidavit. See the section on habitability problems for further details.

Foreclosure Notices to Owner

For information for homeowners undergoing foreclosure, please see our section on foreclosure.

For tenants of landlords undergoing foreclosure, please see our section on post-foreclosure eviction.

Notices After a Change of Ownership

First, determine whether ownership of the property has changed. You should pay whoever is the current owner of the property. Find property ownership information, contact your county Assessor's office. Clark County Assessor's office offers information online.

If your former landlord sold the unit, then the new owner may evict you with a 3-day eviction notice. These three days do not include weekends, holidays, or days the court is closed. After the 3 days, the new owner must serve a summons and complaint for unlawful detainer. This process takes at least 3 weeks. You can answer the complaint and appear at your hearing, but you will not have a legal defense if the new owner follows this procedure. You can ask the judge for more time to move and by law, the judge can allow up to 10 extra days before eviction. 

If your former landlord lost the unit in foreclosure, your rights are governed by the Protecting Tenants At Foreclosure Act. If you have a lease, the new owner must honor your lease except if the new owner will be moving in. If the new owner is moving in, the new owner does NOT have to honor your lease and can serve you with a 90 days eviction noticeAfter the 90 days expire, the new owner must serve a summons and complaint for unlawful detainer.  If this procedure is followed, you will not have a defense to the eviction. You can file a tenant’s affidavit after receiving the summons and complaint to ask the judge for more time to move at a hearing. By law, the judge can allow up to 10 extra days before ordering the eviction.

This federal law only applies if you are a “bona fide” tenant. A bona fide tenant is anyone: (1) who is not the child, spouse, or parent of the landlord, (2) who does not pay substantially less than fair market rent for the dwelling, and (3) whose lease with the former landlord was the result of an “arms-length transaction.” While a lease helps establish that you are a bona fide tenant, there are other ways.  Rent receipts, utility bills, and statements from neighbors also work. If you are the parent, spouse, or child of the landlord, or do not pay fair market rent, then you are probably not a bona fide tenant. If you are not a bonda fid tenant, Nevada law allows the new owner to serve a 60 day eviction notice. 

Note: If your lease has expired, the new owner can evict you with a 30-No Cause Notice. The new owner has no obligation to re-lease the unit to you. See No Cause Notice section.

Lockouts

Only a Constable can lock you out of your dwelling. A Constable will conduct a lockout only when a judge orders an eviction. A private individual, such as a landlord, cannot conduct a lockout without a Constable.

Under NRS 118A.390, you must file a complaint for expedited relief due to the lockout within five judicial days after being locked out. You will receive a hearing within three judicial days after filing. If the court agrees that the landlord unlawfully locked you out, the court may: (a) order your landlord to restore your access to the premises, (b) award you damages, and (c) order your landlord from locking you out againat the risk of contempt of court.

Utilities Shutoffs

NRS 118A.390 prohibits a landlord from intentionally interrupting an essential service, such as power or water service. You must file a complaint for expedited relief based on the lack of essential services within five judicial days after your landlord turns off or takes away the essential service or item. You will receive a hearing within three judicial days after filing. If the court agrees that the landlord unlawfully turned off the essential service, the court may: (a) order your landlord to restore your access to the essential service, (b) award you damages,and (c) orderyour landlord from turning off the essential service at the risk of contempt of court.