Quick Reference: Nevada Summary Eviction at a Glance

Nevada runs its residential evictions differently from most other states. Elsewhere, the landlord files a case and the tenant answers. In Nevada's summary process, the landlord serves a notice, and the tenant may contest it by filing an affidavit within the applicable period. If the tenant does not contest, the landlord may file an affidavit of complaint and the court may proceed without a hearing, issuing a removal order that a constable posts within 24 hours.

That structure is why documentation matters more here than in longer-form eviction states. The process is designed to resolve possession through affidavits and, when contested, a focused hearing on their truthfulness and sufficiency. If a tenant establishes a legal defence, the matter can move into the formal eviction process. Either way, your file either supports your affidavit or it does not.

This guide covers what the statutes require in the affidavit, who is legally permitted to serve the notice, the proof of service the court must have before it can issue an order, and the preparation that keeps a case from being dismissed on a technicality.

First, Which Notice Applies

Nevada does not have one eviction notice. It has several, and using the wrong one can undermine a filing before the court reaches the underlying dispute.

• Nonpayment of rent. Under NRS 40.253(1)(a), the notice requires payment of the rent or surrender of the premises before the close of business on the seventh judicial day following the day of service. Judicial days exclude weekends and applicable court holidays, so the calendar period will be longer than seven calendar days. "Close of business" means the close of business of the court with jurisdiction, not your office.
  
  A narrower alternative sits in subsection (1)(b): where rent is reserved by a period of one week or less and the tenancy has not continued more than 45 days, the notice can require payment or surrender at or before noon of the fourth full day after service. That route carries its own service rules and rarely suits a standard residential portfolio.
  
  The definition of "day of service" is worth committing to memory. It is the day the notice is personally delivered to the tenant. If personal service did not happen, it is the day the notice is delivered to the sheriff or constable for service after posting and mailing, provided the request is made before noon; a request made after noon pushes the day of service to the next day. Counting from the day a notice was taped to the door is not what the statute says.

• No cause. Under NRS 40.251(1), the notice period is at least 30 days for monthly and other periodic tenancies, at least 7 days for week-to-week, and at least 5 days for a tenancy at will.
  
  One mandatory disclosure is easy to miss. Under subsection (2), a tenant aged 60 or older, or with a physical or mental disability, may request an additional 30 days by submitting a written request with proof, and subsection (5) requires the notice itself to advise the tenant of that right along with the parallel rights for federal, tribal and state workers during a shutdown. If a landlord rejects a valid request, subsection (6) lets the tenant petition the court, and even a denied petition gives the tenant five calendar days from entry of the order.

• Lease violation. NRS 40.2516 provides a five-day notice to perform the lease condition or quit. This is the cure notice for unauthorised occupants, unauthorised pets, damage and similar breaches.

• Serious conduct. NRS 40.2514 covers assignment or subletting contrary to the lease, waste, unlawful business, nuisance and controlled substance violations, on a three-day notice with no opportunity to cure.

The Structural Point: The Tenant Files First

Under NRS 40.253(3), every summary eviction notice must do three things beyond stating the demand. It must identify the court with jurisdiction. It must advise the tenant of the right to contest by filing an affidavit with that court within the notice period. And it must advise the tenant of two further points: that if the court finds an unlawful detainer it may issue a summary order directing the constable to post it within 24 hours, with removal not earlier than 24 and not later than 36 hours after posting, and that under NRS 118A.390 the tenant may seek relief for an unlawful lockout or interruption of essential services.

A notice missing the court name or the affidavit advisory is defective, because the entire process depends on the tenant knowing where and how to respond.

If the tenant does file, NRS 40.253(4) prohibits the landlord from locking the tenant out once a file-stamped copy of the affidavit is received. Under subsection (6), the court holds a hearing on the truthfulness and sufficiency of the affidavits, and if it finds a legal defence it grants neither party relief and pushes the matter into the formal process under NRS 40.290 to 40.420. If the tenant does not file, the landlord applies by affidavit of complaint and the court may issue the removal order.

For other grounds, NRS 40.254(1)(c) sets the tenant's window at close of business on the fifth judicial day after service, and also requires the notice to advise the tenant of the right to request a stay of up to 10 days under NRS 70.010(2).

What the Nonpayment Affidavit Must Contain

This is the checklist to build your filing pack around. NRS 40.253(5)(a) requires the landlord's affidavit of complaint to state or contain nine items:

1. The date the tenancy commenced.

2. The amount of periodic rent reserved.

3. The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month's rent.

4. The date the rental payments became delinquent.

5. The length of time the tenant has remained in possession without paying rent.

6. The amount of rent claimed due and delinquent.

7. A statement that the written notice was served in accordance with NRS 40.280.

8. A copy of the written notice served on the tenant.

9. A copy of the signed written rental agreement, if any.

Read items 3 and 6 together and the operational implication is clear: you need a rent ledger that separates rent from everything else, and a deposit record that survives scrutiny.

Under NRS 40.253(11), a landlord may not refuse rent tendered after the notice because the tenant has not also paid collection fees, attorney fees, other non-rent costs, a reasonable late charge or a security. If a tenant tenders the rent and the office rejects it because the ledger balance also carries a lock change and an NSF fee, no amount of documentation fixes that afterwards.

What the Affidavit Must Contain for Other Grounds

For no-cause, lease violation and serious conduct evictions, NRS 40.254(2) requires a different set:

• The date the tenancy commenced, the term of the tenancy, and a copy of the rental agreement. Where the agreement has been lost or destroyed, an affidavit or declaration signed under penalty of perjury stating the loss.

• The date the tenancy or rental agreement allegedly terminated.

• The date written notice to surrender was given under NRS 40.251, 40.2514 or 40.2516, together with any facts supporting the notice.

• The date the written notice was given, a copy of the notice, a statement that it was served in accordance with NRS 40.280, and where the property was purchased as a residential foreclosure, a copy of the NRS 40.255 notice of change of ownership.

• A statement that the claim for relief was authorised by law.

The phrase "any facts supporting the notice" does quiet work. In a nonpayment case the ledger is the fact. In a lease violation or nuisance case the facts are dated photographs, inspection reports, written complaints, vendor invoices for damage, and the correspondence showing the tenant was told and did not cure. Assembled before filing, they exist when the judge asks. Assembled after, they do not.

Service: Who Is Allowed to Hand Over the Notice

This is the provision most often misread, in both directions, so read the opening words carefully.

Notices governed by NRS 40.280. NRS 40.280(1) begins "Except as otherwise provided in NRS 40.253 and 40.2542," and then requires that the notices under NRS 40.251 to 40.260 be served by one of four categories of person:

• the sheriff,

• a constable,

• a person licensed as a process server under NRS chapter 648, or

• the agent of an attorney licensed in Nevada.

The last route is conditional. Under subsection (7), an attorney's agent may serve only where the landlord has retained the attorney in the action and the agent acts at the attorney's direction and under direct supervision. In practice this rule governs the no-cause notice under NRS 40.251 and the lease violation and serious conduct notices under NRS 40.2516 and 40.2514, because NRS 40.254(1)(a) requires those notices to be given in accordance with NRS 40.280. For those notices, a leasing manager or maintenance technician is not a permitted server.

The nonpayment exception. NRS 40.253 is expressly excluded from that requirement. Subsection (1) provides that the landlord or the landlord's agent "may cause to be served" the pay-or-surrender notice, and the definition of "day of service" in the same subsection refers to the day "the landlord or the landlord's agent personally delivers the notice to the tenant." The short-term route in subsection (1)(b) carries its own sequence under subsection (2): attempt personal delivery, then post and mail by overnight mail, and only then may the notice go to the sheriff or constable, who will not accept it without written evidence signed by the tenant at move-in that the tenant was informed of the short-term eviction procedures.

The practical takeaway is to know which notice you are serving before deciding who serves it. Confirm the position with Nevada counsel or your local justice court, because township practice varies and some courts expect a qualified server regardless.

The methods permitted under NRS 40.280(1), in order, are personal delivery to the tenant; if the tenant is absent from home or business, leaving a copy with a person of suitable age and discretion at either place plus mailing a copy; and if neither the residence nor business can be ascertained and no suitable person is found, posting conspicuously on the leased property, delivering a copy to any person residing there, and mailing a copy to the tenant at the property address.

Proof of Service: The Filing Cannot Proceed Without It

Under NRS 40.280(4), proof of service must be filed with the court before an order for removal issues under NRS 40.253 or 40.254, or before a writ of restitution issues in a formal case.

Subsection (5) then specifies what that proof must consist of. For notices served under subsection 1, it is a written statement endorsed by the person who served the notice, stating the date and manner of service and including that person's badge or licence number. Where an attorney's agent served it, the statement must be accompanied by a declaration signed by the attorney, bearing the attorney's licence number, stating that the attorney was retained in the action, reviewed the date and manner of service, and believes to the best of their knowledge that the service complies with the section.

Note the specificity. The badge or licence number is a required element of the proof, not an optional detail.

For short-term tenancies where the notice was not personally delivered, the proof is either a certificate of mailing from the United States Postal Service or a private postal service, or the endorsement of a sheriff or constable stating the time and date the request for service was made, the time, date and manner of service, and the fees paid.

The Filing Pack, Assembled

Before anyone in your office touches a court form, the file should contain:

• Tenancy documents. The signed rental agreement and every addendum and renewal. If the original is genuinely lost, the NRS 40.254(2)(a) declaration under penalty of perjury, prepared in advance rather than improvised at the counter.

• The ledger. A running record showing the tenancy start date, the periodic rent, when each payment was due, what was paid and when, and a clean separation between rent and non-rent charges. The affidavit needs the delinquency date, the length of possession without payment and the rent claimed, and all three must reconcile to the same document.

• The deposit record. Cleaning, security and prepaid rent amounts in excess of the first month, because item 3 of the nonpayment affidavit asks for them specifically.

• The notice. A copy of what was actually served, containing the court name, the affidavit advisory, the removal-timing advisory and the NRS 118A.390 advisory. For a no-cause notice, the age, disability and shutdown-worker advisories under NRS 40.251(5).

• The proof of service. The endorsed statement with badge or licence number, the attorney declaration where applicable, and mailing certificates where posting and mailing were used.

• The supporting facts, for anything other than nonpayment. Dated photographs, inspection reports, written complaints, vendor invoices, entry notices and the cure correspondence.

• The habitability file. This one is defensive. A tenant contesting a nonpayment eviction may raise habitability, and Nevada gives them real material. Under NRS 118A.355 a landlord has 14 days to remedy after written notice, and under NRS 118A.380 only 48 hours excluding weekends and holidays for essential items and services. Our companion guide to the Nevada warranty of habitability under NRS 118A covers those obligations. If your maintenance record shows a cooling failure that sat for a week in July, expect it in the tenant's affidavit.

Where Nevada Filings Go Wrong

1. The wrong person served a notice governed by NRS 40.280. For no-cause, lease violation and serious conduct notices, confirm the server is a sheriff, constable, licensed process server or qualifying attorney's agent. Nonpayment notices under NRS 40.253 are expressly excepted.

2. Miscounting judicial days. Weekends and court holidays do not count, and the day of service is defined by statute, not by when you posted it.

3. A notice missing the court name or the affidavit advisory. Both are mandatory content under NRS 40.253(3).

4. No age and disability advisory on a no-cause notice. NRS 40.251(5) requires it.

5. Refusing tendered rent over non-rent charges. Prohibited by NRS 40.253(11).

6. Filing without proof of service on file. The court cannot issue the order until it is filed, with the server's badge or licence number.

7. A ledger that mixes rent with fees. The affidavit asks for rent claimed due, and a summary eviction cannot rest on non-rent amounts.

8. Any form of self-help. Locking out or cutting utilities exposes the landlord to actual damages plus up to $2,500 and an expedited hearing under NRS 118A.390.

What Nearly Changed, and Why It Matters

Nevada's summary process has drawn sustained legislative attention. In 2023, Assembly Bill 340 would have restructured it and was vetoed. In the 2025 session, Assembly Bill 283 would have flipped the process so that landlords file with the court first, aligning Nevada with most other states. It passed both houses and was vetoed by Governor Lombardo in June 2025, so it never became law. Assembly Bill 201, which would have expanded eviction record sealing, was also vetoed.

This is worth stating plainly because a good deal of online commentary written during the session describes AB 283 as though it took effect. It did not. The tenant-files-first structure described in this guide remains the law.

What did pass in 2025 is Assembly Bill 121, effective October 1, 2025, which requires rent to be stated as a single maximum total periodic rent figure including mandatory fees, mandates at least one fee-free payment method, and restricts certain application fee practices. For property managers, that means the rent figure and supporting ledger used in an eviction filing should reconcile with the amount stated in the applicable rental agreement.

Building the Filing Pack with RIOO

Every item the affidavit requires is a record that either exists on the day you file or does not. That is a systems question.

RIOO can help property managers keep those records assembled rather than reconstructed. Lease documents, addenda and renewal dates held in contracts and renewals mean the signed agreement required by NRS 40.253(5)(a)(9) is retrievable rather than hunted for, the same discipline behind sound lease management practice. Structured rent and payment collection records give you the tenancy start date, the delinquency date and a rent balance separated from fees, which is exactly the reconciliation the affidavit demands. A consolidated tenant record and tenant portal preserve the dated correspondence that supports a cure notice, and service request and task management produces the maintenance timeline that answers a habitability defence, alongside the habits in our guide to managing maintenance requests. Condition documentation at move-in and move-out supports both the damage facts and the deposit accounting.

Managers operating across state lines can compare how differently the burden falls elsewhere in our guide to Georgia's dispossessory proceedings and the Ohio Landlord-Tenant Act.

Conclusion

Nevada's summary eviction is fast, and speed is the reason preparation matters rather than the reason it does not. The process can produce a removal order in days, but only if the right notice was used, the server was permitted for that notice, the proof of service was filed, and the affidavit contains everything the statute lists.

Common filing problems include serving the wrong type of notice, using a server not permitted for that notice, miscounting judicial days, omitting required advisory language, failing to file proof of service, and presenting a rent ledger that does not reconcile with the affidavit. None of those require a judge to rule against you on the merits, because they stop the case before the merits arrive.

The practical fix is to assemble the filing pack before the notice period expires, rather than reconstructing the record after the tenant contests the case. For managers in Las Vegas, Henderson, Reno, North Las Vegas and Sparks, that is the difference between a process that moves and one that restarts.

This blog is for informational purposes only and does not constitute legal advice. Nevada eviction law changes, justice court practice and forms vary by township, and individual circumstances differ. For guidance on a specific filing, consult a licensed Nevada attorney. Landlords and tenants can also review the plain-language explanations published by the Civil Law Self-Help Center operated in Clark County.

Frequently Asked Questions

Q1. How many days is a Nevada eviction notice for nonpayment of rent?
Seven judicial days. Under NRS 40.253(1)(a), the tenant must pay or surrender before the close of business on the seventh judicial day following the day of service, and judicial days exclude weekends and court holidays.

Q2. Who has to file first in a Nevada summary eviction?
The tenant. Nevada requires the tenant to file an affidavit with the court within the notice period to contest the eviction. If no affidavit is filed, the landlord applies by affidavit of complaint and the court may issue a removal order without a hearing.

Q3. Who is allowed to serve an eviction notice in Nevada?
It depends on the notice. For notices governed by NRS 40.280, including no-cause, lease violation and serious conduct notices, service must be by a sheriff, constable, licensed process server or qualifying attorney's agent. NRS 40.280(1) expressly excepts NRS 40.253, and that section provides that the landlord or the landlord's agent may cause the nonpayment notice to be served.

Q4. What must a Nevada affidavit of complaint contain for nonpayment?
Nine items under NRS 40.253(5)(a): the tenancy start date, the periodic rent, deposits in excess of the first month's rent, the delinquency date, the length of possession without payment, the rent claimed due, a statement of service under NRS 40.280, a copy of the notice, and a copy of the signed rental agreement.

Q5. How quickly can a tenant be removed after the order issues?
The constable or sheriff must post the order within 24 hours of receiving it, and must remove the tenant not earlier than 24 hours and not later than 36 hours after posting, under NRS 40.253(3)(b)(2).

Q6. Can a landlord refuse rent after serving a seven-day notice?
Not on the basis of unpaid non-rent charges. NRS 40.253(11) prohibits refusing tendered rent because the tenant has not also paid collection fees, attorney fees, other costs, a reasonable late charge or a security.

Q7. Does a no-cause notice have to mention the 30-day extension?
Yes. NRS 40.251(5) requires the notice to advise the tenant of the rights in subsections 2 to 4, which include the additional 30 days available on written request with proof to a tenant aged 60 or older or with a disability.

Q8. Did Nevada change its eviction process in 2025?
No. Assembly Bill 283 would have required landlords to file with the court first, but it was vetoed in June 2025 and did not become law. Assembly Bill 121, on rent and fee disclosure, did take effect on October 1, 2025.

Q9. What happens if the tenant files an affidavit?
The landlord may not lock the tenant out once a file-stamped copy is received, and the court holds a hearing on the truthfulness and sufficiency of the affidavits. If the court finds a legal defence, it grants neither party relief and requires further proceedings under the formal process in NRS 40.290 to 40.420.

Q10. Can a Nevada landlord change the locks instead of filing?
No. NRS 118A.390 exposes a landlord who unlawfully excludes a tenant or interrupts essential services to actual damages plus an amount up to $2,500 fixed by the court, with an expedited hearing available to the tenant.