Preventing Eviction
For a landlord to evict a tenant in Nevada before the tenant's rental term has expired, the landlord must have legal cause. Nevada state law defines legal cause as the tenant failing to pay rent, nuisance activity, waste, assigning/subletting, unlawful business, drug violation, violating the lease or rental agreement, or committing a serious act, such as a crime of violence toward another resident. To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement or lease.
The first step in the process to terminate a rental agreement or lease is to serve the tenant with a notice. It is important to read the notice thoroughly as it may have information and instructions explaining the recourses a tenant may have if they wish to remain in their unit.
Rent:
To evict a residential tenant for nonpayment of rent, the landlord must have a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada "serve" (deliver) a Seven-Day Notice to Pay Rent or Quit to the tenant (NRS 40.280(1)).
(For tenants who pay rent by the week, the landlord can use a four-day notice (NRS 40.253(1)(b))).Notices for Nuisance, Waste, Assigning/Subletting, Unlawful Business, Or Drug Violation:
Nevada law requires a three-day notice to the tenant that describes the alleged nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use, followed by a five-day notice instructing the tenant to leave because tenant's possession is now unlawful (NRS 40.2514) (NRS 40.254).Lease Violation Notices:
Nevada law requires a five-day-notice to the tenant that describes the lease violation and directs the tenant to either "cure" (fix) the violation or leave, followed by a second five-day notice instructing the tenant to vacate because their possession is now unlawful (NRS 40.2516) (NRS 40.254).Tenancy-At-Will Notices:
Nevada law requires a five-day notice to the tenant, informing the tenant that the tenancy-at-will is ending and instructing the tenant to leave, followed by a second five-day notice that tells the tenant to leave because tenant's presence is now unlawful (NRS 40.251(1)(a)(3), NRS 40.280 (1), and NRS 40.254).No-Cause Notices:
Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a five-day notice instructing the tenant to leave because tenant's presence is now unlawful (NRS 40.251(1)(b)(1) and NRS 40.254).
Options
- Resolve the issue with the landlord within the timeframe of the notice. This could mean paying the rent and fixing the issue identified in the notice. Emergency rental assistance may be available to help you do this. There is more information on resources below.
- If a tenant plans to defend themselves, they should seek legal advice. There are low to no-cost legal resources available and shown further down this article.
- Tenants may decide to leave their units. This action may save landlords the cost of filing an eviction lawsuit. Tenants may discuss with landlord the possibility of mutually ending their lease agreement rather than having an eviction show up on the tenant’s records.
- If tenants decide to stay in their units, they risk losing their possessions when the landlord legally evicts them.
Need Legal Resources and Advice
Nevada Legal Services, Inc. provides legal services and guidance on eviction laws.
Legal Aid Center of Southern Nevada provide free classes, family, youth and education, consumer protection, debt collection and guidance on eviction laws
Washoe Legal Services. We are a non-profit organization that provides free and low-cost legal services to Northern Nevada.
Discrimination
If you think you are the victim of discrimination you can call HUD’s office of Fair Housing and Equal Opportunity to speak to an Intake Specialist who will help determine if you are the victim of illegal discrimination. Their phone number is 1-800-669-9777 or 1-800-877-8339.
More information about illegal discrimination in housing can be found on HUD's website.
Housing Counselors
Housing Counselors provide independent, expert advice customized to the needs of the consumers to address the consumer’s housing barriers and to help achieve their housing and financial goals. They provide individual counseling such as Financial Management/Budget, Home Improvement and Rehabilitation, Mortgage Delinquency and Default Resolution, Pre and post purchase, Rental Housing, Reverse Mortgage, and service for homeless. Housing Counselors also serve clients who are at risk of eviction by facilitating communication with landlords, educating clients on their rights and the eviction process. They provide connection to rental assistance resources such as Emergency Rental Assistance (ERA) program, referrals to legal/mediation services; emergency housing or homeless prevention services; and other social service agencies for basic needs.
- Find a Housing Counselor near you
- HUD's interactive voice system at: (800) 569-4287
Help paying rent
Emergency rental assistance programs in Nevada can be found at: https://www.consumerfinance.gov
HUD Rent Relief Resources can be found on HUD's website