Sometimes Nevada landlords do not need a reason to evict a tenant. These so-called “no cause” evictions include situations where there is no lease agreement, the lease is ending, or the tenant “holds over” i.e., stays in the rental unit after rental term has expired. While landlords do not need a reason to evict under these circumstances, they still must follow proper procedure. Here is an overview of no cause eviction procedures in Nevada.
The Initial Notice To Quit
Like other evictions, a “no cause” eviction process begins when the landlord serves the initial notice of the eviction on the tenant. The amount of time required in the notice depends on the type of tenancy.
Specifically, at will tenants must be provided a 5-Day Notice to Quit. If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit. If rent is paid in any time period other than weekly, tenants must be given a 30-Day Notice to Quit.
This initial notice must inform the tenant of the move out date, which needs to be set at least thirty days after the date the thirty-day notice is served (NRS 40.251(1)(b)(1)(II)) or seven days after the date the seven-day notice is served (NRS 40.251(1)(b)(1)(I)). In addition, If the tenant pays rent monthly and is at least sixty years old or disabled, the Notice to Quit must inform the tenant that he or she can request a 30 day extension by writing to the landlord and providing proof of age or disability. (NRS 40.251(2)).
The Second Notice To Quit for Unlawful Detainer
If the tenant remains on the property after the initial notice period expires, a second 5-Day Notice to Quit for Unlawful Detainer must be served on the tenant. The contents of this Notice must strictly comply with NRS 40.251 et seq. Specifically, the Notice must inform the tenant of his/her right to oppose the notice by filing an Affidavit/Answer with the court within five business days. There are other disclosure requirements to be included in this Notice. (See NRS 40.253(b)(2)).
Service Of Notices
Both notices must be “served” on the tenant by a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada. (NRS 40.280(1).)
Tenant Options
If the tenant does not file an affidavit (or move) within 5 days, the judge will enter an eviction order without any further notice to the tenant. The constable or sheriff will then serve the eviction order on the tenant. and lock the tenant out 24-36 hours after service of the Lockout Order. If the tenant files a Tenant’s Affidavit with the Justice Court within the 5 day timeframe of the unlawful detainer notice, the case proceeds to a hearing and decision by the court.
Lynx Can Help
Lynx has extensive experience handling evictions of all types, including the no-cause evictions discussed in this post. Feel free to contact us at 888-441-2355 or [email protected] with any questions regarding the above or if you are ready to start a case. We are standing by to assist in any way we can.