Being Evicted For Rent
NRS 40.253 — pay or quit by the seventh judicial day, an affidavit to contest, and removal 24 to 36 hours after the order is posted
When rent on a Nevada dwelling, apartment, mobile home or recreational vehicle rented by the month or a shorter period is unpaid, the landlord may serve a written notice to pay the rent or surrender the premises before the close of business on the seventh judicial day after the day of service. For rent reserved by the week or less, in a tenancy of not more than 45 days, the notice may instead run to noon of the fourth full day.
- The court that has jurisdiction.
- The tenant's right to contest by filing, within the notice period, an affidavit that the rent was tendered or is not in default.
- That if the tenant is found guilty of an unlawful detainer, the court may order removal, posted within 24 hours of the sheriff or constable receiving it, with the tenant removed not earlier than 24 hours nor later than 36 hours after posting.
- That a tenant unlawfully locked out, or whose essential services are interrupted, may seek relief.
The tenant's affidavit means a hearing. Once the tenant files that affidavit in time, and the landlord has a file-stamped copy, the landlord may not lock the tenant out. The court holds a hearing, and if it finds a legal defense it grants neither side relief there and sends the case to an ordinary unlawful detainer action.
A landlord who has served the notice may not refuse rent because the tenant has not also paid collection fees, attorney's fees or other costs beyond rent, a reasonable late or bad check charge, or a deposit. Under the ordinary unlawful detainer section, the period after a written notice to pay or quit is seven judicial days for a residence and ten days for a mobile home lot.
After removal, a tenant may move within 5 days to dispute how the landlord handled the tenant's essential belongings, with a hearing within 5 days and damages of not more than $2,500, or within 20 days to dispute storage charges.
Tenants of mobile home lots in a park, and government workers during a shutdown, are outside the summary procedure. Evictions for other reasons and the ordinary unlawful detainer action run under other sections not reproduced here. Applying them to a particular notice is for a court and a licensed Nevada attorney.
Sources for this section (2)
- NRS 40.2512 — Unlawful detainer: Possession after default in payment of rent
- NRS 40.253 — Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.