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LPS has provided the cities of Las Vegas, Reno, Carson City, and surrounding areas with top-quality assistance of summary eviction services since 1982. When a client chooses LPS Eviction Service, they get timely and convenient service.
New to Nevada evictions? Start here.
In our service area, a landlord can choose between two processes when evicting a tenant:
- The summary eviction process, which is the most frequently used procedure.
- The formal eviction process, which is more complicated.
At LPS, our staff is trained in the summary eviction process and facilitate protocols that include drafting of notice, service of process, and the final step: lockout.
In formal eviction, landlords can choose to represent themselves in the proceeding; however, it is highly recommended that they seek legal counsel for these types of filings. LPS does not offer assistance with formal eviction filings.
Summary of the eviction process
All eviction proceedings must begin with the service of a notice. Then the tenant has a mandatory period of time to comply or to file an answer/affidavit with the court to dispute the notice. If the tenant does not comply and/or file an answer, the landlord can proceed to lockout.
However, it is important to note that some types of notices require the service of a second notice before proceeding to lockout. Regional eviction time frames vary and are dependent on the Justice Court and constable scheduling.
For more information regarding LPS assistance with the summary eviction process, please see our FAQ’s and flow chart.
If you’ve read this page and are still unsure how to proceed, you may wish to contact an attorney for legal advice. LPS eviction specialists cannot provide legal advice.
Types of summary eviction notices
Summary eviction notices fall in two categories:
- Non-payment of rent
- Reasons other than non-payment of rent
Below are descriptions of the more common types of notices used with summary evictions.
Notices for non-payment of rent
Five (5) Day Notice to Pay Rent or Surrender Premises
If seeking a summary eviction for reason of non-payment of rent, Nevada law (NRS 40.253) dictates that a tenant be served with this notice, also referred to as a 5 Day Pay or Quit notice.
There is no grace period on a 5 Day Pay or Quit, meaning that landlords can proceed with service of the notice the day after the rent is due. (However, if the particular lease and/or agreement between landlord and tenant allows for a grace period, then the landlord cannot proceed until that time has passed.) If a tenant does not file an answer and/or comply with the notice, the landlord can proceed to eviction/lockout filing after the fifth judicial day (excluding service day, court holidays, and weekends).
It’s important that landlords understand what constitutes rent and the fees that can be included in a 5 Day Notice to Pay Rent or Surrender Premises:
Rent refers to the money a tenant pays every period to live on the rental property, plus any late fees as stated in the lease agreement (NRS.118A.150). The amount calculated as rent does not include court costs, collection fees, attorney’s fees, returned check fees, unpaid security deposits, etc. (NRS 40.253[9]). Therefore, a landlord cannot refuse rental payment because court costs, attorney’s fees, etc., are not remitted.
Notices for the alternative: Violations of lease agreements / Nuisance
(Please note: These notices all require service of the Five Day Unlawful Detainer Notice)
Five (5) Day Notice for Violation of Lease Agreement or Quit (NRS 40.2516)
This notice is used by landlords who wish to evict a tenant who has violated the lease agreement in some way other than being a nuisance. This notice must advise the tenant of the violation and reference the portion of the lease that is being violated.
Five (5) Day Unlawful Detainer Notice
Five (5) Day Unlawful Detainer Notice – This is a mandatory 2nd notice that must be served under Summary Eviction protocols when evicting a tenant for a reason other than non-payment of rent. The Five (5) Day Unlawful Detainer Notice is to notify the tenant(s) that are in violation of the first notice served to them and the Eviction will be the next step if they do not comply.
If the tenant does not remedy the violation and/or move out, then a 5 Day Unlawful Detainer Notice must be served before the landlord can proceed. The landlord can proceed to lockout after the fifth judicial day of service (excluding service day, court holidays, and weekends) of this second required notice.
Three (3) Day Notice to Quit For Nuisance, Waste, Assignment/Subletting, Unlawful Business, or Drug Violation
Nevada law (NRS 40.2514) allows a landlord to serve this notice to a tenant for reasons of nuisance. This notice requires a written reason(s) and/or description of the alleged nuisance.
It’s important to note the law’s accepted definition of “nuisance“: “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.” (NRS 40.2514[4]) Common examples of the alleged nuisance are:
- Causing waste and/or damage to the rental property;
- Unlawful business activity;
- Improper assignment/subletting of the premises; and
- Illegal drug use (NRS 453.011-552; excluding NRS 453.336).
The tenant has three working days to fix the problem. If the tenant does not comply and/or file an answer, a second notice, the 5 Day Unlawful Detainer Notice (NRS 40.254) outlined above, must be served before the landlord can proceed. The landlord can proceed to eviction lockout after the fifth judicial day of service (excluding service day, court holidays, and weekends) of the 5 Day Unlawful Detainer Notice.
No lease, or expired lease? We can help!
Thirty (30) Day Notice to Surrender Premises
This type of notice is used to evict a Nevada tenant by a landlord who desires the leased property back for any reason. This notice pertains to tenants who do not have a lease as well as tenants still living on the property after the lease has expired. This notice cannot be served if a lease agreement is still in effect. Contact LPS Eviction Service if you need to file a Thirty Day Notice to Surrender Premises.
If the tenant does not comply with the notice and/or file an answer, a 5 Day Unlawful Detainer Notice, as outlined above, must be served before the landlord can proceed. The landlord can proceed to eviction lockout after the fifth judicial day of service (excluding service day, court holidays, and weekends) of the 5 Day Unlawful Detainer Notice.
Examples of eviction process timelines for local courts
