What is the eviction process and timeline in Nevada?

Verified August 5, 2026 All Nevada topics →

To evict a Nevada tenant for unpaid rent, serve a written notice giving seven judicial days to pay or move out, then - if the tenant neither pays nor files an affidavit contesting it with the justice court named in the notice - file an affidavit of complaint for summary eviction, and the court can order removal without ever holding a hearing.

Cited to NRS 40.215 subsection 10 ('short-term tenancy') and 38 more Nevada statutes · Verified August 5, 2026

Nevada's summary eviction runs backwards from most states: the landlord does not open a case and wait for a hearing date. The landlord serves the notice out of court, and it is the tenant who must go to court first, filing a contesting affidavit inside the notice period to earn a hearing at all. Judicial days exclude weekends and legal holidays, so a seven-judicial-day notice really occupies about nine to eleven calendar days. Nonpayment takes one notice; every other ground takes two - the notice for the ground itself (three days for nuisance, waste, unlawful business, unlawful subletting or drug activity; five days to cure an ordinary lease violation; thirty days to end a month-to-month tenancy, seven for week-to-week), followed by a separate notice to surrender that gives the tenant five judicial days to file a contesting affidavit. Once the court signs the removal order, the constable or sheriff must post it within 24 hours and lock the tenant out no sooner than 24 and no later than 36 hours after posting. Either side may appeal a summary eviction order within ten judicial days, and a $250 bond stays execution while the tenant keeps paying rent as it comes due. Landlords may not lock a tenant out or cut utilities on their own: NRS 118A.480 allows recovery of possession only through a court proceeding, surrender or abandonment, and a tenant locked out unlawfully can win actual damages plus up to $2,500 and can force a hearing within three judicial days.

Nevada eviction process at a glance

Nonpayment notice (pay-or-quit) 7 days
Nonpayment notice rules (day counting, cure rights, service)

Those are JUDICIAL days, not calendar days: weekends and legal holidays drop out, so a 7-judicial-day pay-or-quit notice really spans roughly 9-11 calendar days.

NRS 40.2512(1)(b) makes a residential tenant guilty of unlawful detainer when a pay-or-quit notice 'remains uncomplied with for a period of ... (b) Seven judicial days for real property other than a commercial premises ... after service thereof'; the parallel summary-eviction notice under NRS 40.253(1)(a) demands payment or surrender 'Before the close of business on the seventh judicial day following the day of service.' 'Close of business' means the close of business of the court with jurisdiction (NRS 40.253(13)). Chapter 40 does not define 'judicial day'; NRS 1.120 and NRS 1.130(1) make Sunday and every NRS 236.015 legal holiday nonjudicial, and the Nevada Judiciary's statewide 7-Day Notice form states that judicial days exclude the date of service, Saturdays, Sundays and certain legal holidays.

JCRCP 6(a)'s ordinary 'count every day, including intermediate Saturdays, Sundays, and legal holidays' rule does NOT convert this to calendar days, because Rule 6(a) applies only to a statute 'that does not specify a method of computing time' and NRS 40.2512/40.253 specify judicial days. Day of service is defined in NRS 40.253(1): the day the landlord or agent personally delivers the notice, or, absent personal delivery, the day the posted-and-mailed notice is delivered to the sheriff or constable for service if requested before noon (after noon, the next day).

Contents are mandatory: the notice must identify the court with jurisdiction and advise the tenant of the right to contest by filing an affidavit with that court within the same period, of the 24-hour posting / 24-to-36-hour removal mechanics, and of the tenant's NRS 118A.390 remedies for an unlawful lockout (NRS 40.253(3)). Service of the nonpayment notice is expressly carved out of the sheriff/constable/licensed-process-server requirement that NRS 40.280(1) imposes on other notices. Rent must be accepted if tendered after the notice issues; the landlord may not refuse it because collection fees, attorney's fees, late-payment charges or a deposit remain unpaid (NRS 40.253(11)). A landlord may not contract for a shorter period - NRS 40.252(1) makes any such agreement void.

A separate, shorter track exists for short-term tenancies: where rent is reserved by a period of 1 week or less and the tenancy has not run more than 45 days, the landlord may instead demand payment or surrender 'at or before noon of the fourth full day following the day of service' (NRS 40.253(1)(b)) - four full CALENDAR days, and that notice must be attempted in person first, then posted and mailed by overnight mail, with the constable serving within 48 hours (NRS 40.253(2)).

Lease-violation notice period 5 days
Lease-violation notice rules (cure vs. termination)

These 5 days are plain days, not judicial days, and they are a genuine cure window: the tenant — or a subtenant, a mortgagee of the term, or anyone else interested in the tenancy continuing — may perform the covenant inside them and save the lease from forfeiture (NRS 40.2516(1)).

NRS 40.2516(1) makes a tenant guilty of unlawful detainer after 'a neglect or failure to perform any condition or covenant of the lease' where a written notice 'requiring in the alternative the performance of the condition or covenant or the surrender' 'remains uncomplied with for 5 days after the service thereof.' The same subsection gives an express right to save the tenancy: 'Within 5 days after the service, the tenant, or any subtenant in actual occupation of the premises or property, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture.' The judicial-day language appears only in NRS 40.2512, NRS 40.253 and NRS 40.254.

Incurable breaches need no notice at all: 'but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given' (NRS 40.2516(1)). A parallel 5-day notice period applies under NRS 40.251(1)(b)(2) where a chapter 118A tenant 'has failed to perform the tenant's basic or contractual obligations under chapter 118A of NRS' - and a tenant served under that subparagraph loses the 30-day age-60-plus/disability extension that NRS 40.251(2) otherwise grants. Nevada sets NO statutory repeat-violation escalation for residential lease breaches: nothing in NRS 40.2516 shortens or removes the cure right because the same breach recurs.

Critically, the 5-day notice is not the end of the timeline - once the 5 days lapse uncured the landlord must still serve the separate NRS 40.254 notice to surrender before applying for a summary eviction order (see notes).

Under NRS 118A.440 a distinct 14-day written notice lets the landlord do remedial repair/cleaning work itself and bill the tenant as rent; it is a cost-recovery tool, not an eviction notice.

Unconditional-quit grounds NRS 40.2514 sets the unconditional-quit track, carrying only a 3-day notice to surrender: a tenant is guilty of unlawful detainer who (1) 'Assigns or sublets the leased premises contrary to the covenants of the lease'; (2) 'Commits or permits waste thereon'; (3) 'Sets up or carries on therein or thereon any unlawful business'; (4) 'Suffers, permits or maintains on or about the premises any nuisance that consists of 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'; or (5) 'Violates any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336' (the controlled-substances chapter, excepting simple possession) - 'and remains in possession after service upon the tenant of 3 days' notice to surrender.' There is no cure right attached to any of the five grounds. Where the eviction rests on the controlled-substances ground, NRS 40.254(3) entitles a prevailing landlord to reasonable attorney's fees incurred because the tenant contested at a NRS 40.253(6) hearing. A second unconditional route is the incurable-breach clause of NRS 40.2516(1) (no notice required where the violated covenant 'cannot afterwards be performed'). NRS 40.250 terminates a fixed-term tenancy without any notice at expiration of the term. Note that even on the 3-day nuisance track the landlord must still serve the separate NRS 40.254 notice to surrender, with its 5-judicial-day affidavit window, before applying for a summary eviction order.
Court and action Justice court of the township where the premises sit, or the district court of the county, 'whichever has jurisdiction over the matter' (NRS 40.253(5)(a)); justice courts hold jurisdiction over 'actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed' (NRS 4.370(1)(g)), so in practice nearly all residential evictions are justice-court matters. The action is UNLAWFUL DETAINER, and Nevada runs it on two distinct tracks. (1) SUMMARY EVICTION - the 'supplemental remedy' of NRS 40.253 (nonpayment) and NRS 40.254 (all other grounds), governed by Part XIII of the Justice Court Rules of Civil Procedure (JCRCP 101-111, amended effective October 29, 2024). This track is structurally inverted from the generic model: the TENANT is normally the first party to file. JCRCP 102 provides that 'A summary eviction case is deemed filed with a justice court upon the timely filing of a contesting affidavit by a tenant or upon the filing of an affidavit of complaint for summary eviction by the landlord.' The landlord serves the notice out of court; the tenant obtains a hearing only by filing a contesting affidavit with the named court inside the notice period (NRS 40.253(3)(b)(1), NRS 40.254(1)(c)(1)). (2) FORMAL UNLAWFUL DETAINER under NRS 40.290 to 40.420, begun by a verified written complaint (NRS 40.300(1), NRS 40.370) with summons 'issued and served as in other cases' (NRS 40.300(2)), triable to a jury on proper demand (NRS 40.310) and ending in a writ of restitution. Landlords must use the formal track where they want a money judgment (summary eviction yields possession only), and NRS 40.255(1) requires it for post-foreclosure and post-execution-sale holdovers. NRS 40.400 makes the Nevada Rules of Civil Procedure, the Justice Court Rules of Civil Procedure and the Nevada Rules of Appellate Procedure applicable so far as not inconsistent with NRS 40.220 to 40.420.
Filing to hearing There is no statutory landlord-files-then-court-sets-a-hearing sequence in the summary track, and no statewide filing-to-hearing deadline. Under NRS 40.253 the clock the tenant must meet runs from SERVICE OF THE NOTICE, not from any filing: the tenant must file the contesting affidavit 'Before the close of business on the seventh judicial day following the day of service' for nonpayment (NRS 40.253(1)(a), (3)(b)(1)), or 'before the court's close of business on the fifth judicial day after the day of service of the notice' for every other ground routed through NRS 40.254(1)(c)(1). A hearing exists only if the tenant files: NRS 40.253(6) directs that 'Upon the filing by the tenant of the affidavit permitted in subsection 3 ... and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties.' If the tenant files nothing, JCRCP 103 is explicit: 'No hearing is required when the landlord files an affidavit of complaint for summary eviction if the tenant has not filed an affidavit contesting the notice of eviction,' though the judge may still hold one on his or her own motion. Once both affidavits are in, no statute or statewide rule fixes the hearing date - JCRCP 104 leaves it to each justice court: 'Each justice court must establish local procedures for notifying the parties of the hearing date, time, and location for a summary eviction matter,' with notice that gives 'sufficient time and opportunity for the parties to prepare their case.' Hearings are informal and no pleading beyond those required by statute or rule may be demanded (JCRCP 105). If the court finds a legal defense it must deny both sides relief and, with a narrow exception, 'require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive' (NRS 40.253(6)) - the case converts to the formal track rather than being decided summarily. In the formal track, the summons issues and is served as in ordinary civil actions, but the court 'may shorten the time within which the defendant shall be required to appear and defend the action,' and where publication is needed it must run 'not less than 1 week' (NRS 40.300(2)); a temporary writ of restitution may not issue ex parte and requires an order to show cause, an opportunity to oppose, and an indemnity bond (NRS 40.300(3)).
Writ of possession and lockout Two different instruments. SUMMARY TRACK: the court issues a 'summary order for removal of the tenant or an order providing for the nonadmittance of the tenant' (NRS 40.253(5)(a), (6)). Timing is fixed by statute and is unusually tight - the order directs 'the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order' (NRS 40.253(3)(b)(2) and (5)(a)). So the tenant's statutory minimum warning before the lockout is the 24 hours between posting and the earliest lawful removal, and the whole post-order window closes within 60 hours. Proof of service of the underlying notice must be on file before the order may issue (NRS 40.280(4)(a)). The tenant may move to stay the summary eviction order under NRS 70.010 for 'a period not exceeding 10 days' (NRS 70.010(2)); JCRCP 110 requires that motion to be included in the tenant's answering affidavit and filed before the order issues - filed afterwards it 'is untimely and may be summarily denied.' FORMAL TRACK: a WRIT OF RESTITUTION issues on the judgment, in the statutory form of NRS 40.420(1), commanding the sheriff or constable to 'cause C.D. to be immediately removed from the premises' and returnable within 30 days; the officer 'shall execute the writ in the same manner as required by the provisions of chapter 21 of NRS for writs of execution' (NRS 40.420(2)). Execution requires prior service on the judgment debtor of a notice of execution and a copy of the writ, describing exempt property and the exemption procedure (NRS 40.425). Where the formal action was for nonpayment and the lease has not expired by its terms, 'execution upon the judgment shall not be issued until the expiration of 5 days after the entry of the judgment,' during which the tenant, a subtenant, a mortgagee of the term or another interested party may pay the judgment and costs into court, satisfy the judgment and be 'restored to the tenant's estate' (NRS 40.360(3)); in all other cases the judgment may be enforced immediately. After removal the landlord must store the tenant's property for 30 days and, during the 5 days following the eviction or lockout, must give the former tenant a reasonable opportunity to retrieve essential personal effects including medication, baby formula, basic clothing and personal care items (NRS 118A.460(1)(a), (3)).
Appeal window 10 days
Best-case uncontested timeline (derived from statutory minimums — contested cases run longer)

An uncontested nonpayment summary eviction runs roughly 12 to 14 calendar days from service of the notice to lockout at the theoretical fastest. These are statutory floors, not forecasts.

Adding them up: 7 judicial days on the pay-or-quit notice (NRS 40.2512(1)(b); NRS 40.253(1)(a)), which because judicial days exclude Saturdays, Sundays and legal holidays occupies about 9-11 calendar days; plus the landlord's affidavit of complaint, which may be filed on noncompliance and needs no hearing where the tenant filed no contesting affidavit (NRS 40.253(5)(a); JCRCP 103) - no statute fixes how fast the court must act; plus up to 24 hours for the constable or sheriff to post the removal order after receiving it; plus 24 to 36 hours from posting to the lockout (NRS 40.253(3)(b)(2), (5)(a)).

On the non-nonpayment grounds the sequence is longer because two notices are required: e.g. a lease violation runs 5 days to cure (NRS 40.2516(1)) plus a further 5 judicial days on the NRS 40.254 notice to surrender (about 7 calendar days) before the affidavit of complaint may be filed, so roughly 15 to 18 calendar days.

A tenant who files a contesting affidavit converts the matter into a hearing whose date is set by local court procedure (JCRCP 104), a finding of a legal defense pushes the case onto the formal NRS 40.290-40.420 track (NRS 40.253(6)), a NRS 70.010 stay adds up to 10 days, and an appeal within 10 judicial days with a $250 bond stays execution (NRS 40.385). Contested cases run substantially longer.

Self-help eviction (lockout, utility shutoff) barred Yes
Self-help scope and tenant remedies

Locking a tenant out or cutting essential services is barred by statute: a landlord may recover possession only through a court proceeding, the tenant's surrender, or abandonment (NRS 118A.480).

NRS 118A.480 provides that 'The landlord shall not recover or take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or causing or permitting the diminution or interruption of any essential item or service required by the rental agreement or this chapter, except: 1. By an action for possession or other civil action or summary proceeding in which the issue of right of possession is determined; 2. When the tenant has surrendered possession of the dwelling unit to the landlord; or 3. When the tenant has abandoned the dwelling unit as provided in NRS 118A.450.' Utility shutoffs are inside the bar, not outside it.

Remedies are in NRS 118A.390(1): where the landlord 'unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant's entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service ... or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480,' the tenant may recover immediate possession, proceed under NRS 118A.380, or terminate the rental agreement, and in addition to any other remedy 'recover the tenant's actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.' In fixing that statutory sum the court weighs the landlord's good faith, the parties' course of conduct, and the degree of harm (NRS 118A.390(2)); on termination the landlord must return all prepaid rent and any recoverable security deposit (NRS 118A.390(3)). The possession remedy is fast but has a hard filing deadline: a verified complaint for expedited relief 'Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed' (NRS 118A.390(5)(a)) - though dismissal on that ground preserves the tenant's other remedies - and 'The court shall conduct a hearing on the verified complaint for expedited relief not later than 3 judicial days after the filing' (NRS 118A.390(6)). Costs and fees are deferred for the filing tenant and assessed against the losing party (NRS 118A.390(7)). Every NRS 40.253 nonpayment notice must itself warn the tenant of these NRS 118A.390 rights (NRS 40.253(3)(b)(3)).

NRS 40.253(5)(b) still carries older text letting a landlord 'in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise' on noncompliance with the notice, but it applies only 'except when the landlord is prohibited pursuant to NRS 118A.480' - and for any dwelling unit governed by chapter 118A that exception controls, so the court order remains the only lawful route. Separately, NRS 40.412 lets an owner change locks against a housebreaker or unlawful occupant, which is a squatter provision and not a landlord-tenant self-help right.

Cite this page: "Landlord Atlas, Nevada Eviction Process Laws (verified August 5, 2026), landlordatlas.com/laws/eviction-process/nevada/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Nevada statute in the citations section below.

Notes and caveats

Common questions: Nevada eviction process

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much notice does a landlord have to give before filing an eviction for unpaid rent in Nevada?
7 days. Those are JUDICIAL days, not calendar days: weekends and legal holidays drop out, so a 7-judicial-day pay-or-quit notice really spans roughly 9-11 calendar days.
How much notice is required to evict for a lease violation in Nevada?
5 days. These 5 days are plain days, not judicial days, and they are a genuine cure window: the tenant — or a subtenant, a mortgagee of the term, or anyone else interested in the tenancy continuing — may perform the covenant inside them and save the lease from forfeiture (NRS 40.2516(1)).
How long does an eviction take in Nevada?
An uncontested nonpayment summary eviction runs roughly 12 to 14 calendar days from service of the notice to lockout at the theoretical fastest. These are statutory floors, not forecasts.
How long does a tenant have to appeal an eviction judgment in Nevada?
10 days.
Can a landlord change the locks or shut off utilities instead of going to court in Nevada?
No — Nevada bars self-help eviction by statute; a landlord must go through the court process. Locking a tenant out or cutting essential services is barred by statute: a landlord may recover possession only through a court proceeding, the tenant's surrender, or abandonment (NRS 118A.480).

Statute citations

How this record was verified: Direct read of statute text on the official Nevada Legislature site (leg.state.nv.us NRS-118A.html, Rev. 4/15/2026, codified through the 2025 session): NRS 118A.242, 118A.240, 118A.300, 118A.210 and 118A.330 each read on the official page and independently re-read on the codes.findlaw.com mirror (current through 1/1/2025); every key number matched verbatim across both reads. Session laws read in full from official archive PDFs: enrolled AB 308 (2021) confirming the 45-to-60-day and 15-to-30-day rent-notice change (Sec. 7, eff. 7/1/2021) and the 3-calendar-day late-fee grace period (Sec. 2); enrolled AB 121 (2025, all-in rent pricing, eff. 10/1/2025, confirmed codified); enrolled AB 223 (2025) read and confirmed VETOED (its changes absent from the official codified text). 2025 regular-session and 36th Special Session outcomes checked 2026-07-10; Nevada's biennial legislature has no 2026 regular session.