Evictions

Overview of the Eviction Process

An eviction is the act or process of legally dispossessing a person of land or rental property. Unless a tenant has surrendered possession of the rental premises to the landlord or abandoned possession, a landlord must file an eviction action in order to remove the tenant.

All evictions require that the tenant be properly noticed. The notice requirements vary depending on the type of eviction. Please be aware that there are separate notices for manufactured homes and non-manufactured homes. Evictions can take 10 to 180 days depending on the type of notice served.

The following types of evictions can be filed in Reno Justice Court:

  • Non-Payment of Rent (Unlawful Detainer)
  • 30 Day No Cause Evictions
  • Breach of Contract
  • Nuisance, Waste, and Unlawful Business

Evictions are governed by the provisions of Chapters 40 - Actions and Proceedings in Particular cases Concerning Property, 118A - Dwellings, and 118B - Manufactured Home Parks of the Nevada Revised Statutes.

File an Eviction Notice

If you would like to begin the eviction process on a tenant, please select the type of eviction you are considering filing for additional information on how to properly file and serve an eviction notice on a tenant.

Non-Payment of Rent Eviction (Unlawful Detainer)

A Five-Day Notice to Pay Rent or Quit (Fillable PDF) eviction notice can be used when a tenant is behind on their rent. This type of notice requires a minimum of 5 judicial days. Refer to NRS 118A.390 for additional information on non-payment of rent evictions.

Landlords must also complete an Affidavit of Landlord - Failure to Pay Rent or Quit (Fillable PDF).

Non-Payment of Rent Notice Requirements

  • Five judicial days if served in person, excluding day of service.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a tenant's signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • Posting and mailing is counted differently. It is 5 judicial days (excluding day of service) followed by three straight days. If the third day falls on a weekend or holiday we give the tenant through the next business day to contest.
  • The Five-Day Notice to Pay Rent or Quit form also includes a Declaration of Service.

Non-Payment of Rent Eviction Forms

30 Day No Cause Eviction

A No-Cause Termination Notice to Vacate (Fillable PDF) can be used when a tenant is not bound by a lease. In most cases, this type of notice requires a minimum of 30 days for the first notice and 5 judicial days for the second notice. Refer to NRS 40.251 for additional information on no cause evictions.

Landlords must also complete an Unlawful Detainer Affidavit for 30 Day No Cause Eviction (Fillable PDF).

No Cause Eviction - 1st Notice Requirements

  • 30 days, excluding the day of service, no matter how it is served.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • A Landlord-Affidavit Proof of Service must be completed following service.

No Cause Eviction - 2nd Notice Requirements (Unlawful Detainer)

  • Five judicial days if served in person, excluding day of service.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • Posting and mailing is counted differently. It is 5 judicial days (excluding day of service) followed by three straight days. If the third day falls on a weekend or holiday we give the tenant through the next business day to contest
  • An Landlord-Affidavit Proof of Service  must be completed following service.

No Cause Eviction Forms

Breach of Contract Eviction

A Notice of Termination For Violation of Lease or Rental Agreement (Fillable PDF) can be used if a tenant is in breach of their rental or lease agreement. This type of notice requires a minimum of 5 judicial days. Refer to NRS 40.2516 for additional information on no cause evictions.

Landlords must also complete an Affidavit of Landlord for Summary Eviction for Breach (Fillable PDF) form.

Breach of Contract Eviction - 1st Notice Requirements

  • Five judicial days, excluding day of service, no matter how served.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • An Landlord-Affidavit Proof of Service  must be completed following service.

Breach of Contract Eviction - 2nd Notice Requirements (Unlawful Detainer)

  • Five judicial days, excluding day of service, no matter how served.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • Posting and mailing is counted differently. It is 5 judicial days (excluding day of service) followed by three straight days. If the third day falls on a weekend or holiday we give the tenant through the next business day to contest.
  • An Landlord-Affidavit Proof of Service  must be completed following service.

Breach of Contract Eviction Forms

Nuisance, Waste and Unlawful Business Eviction

A Notice of Termination and Notice to Vacate for Wrongful Assignment, Subleasing, Waste, Unlawful Business, Nuisance or Violations of Controlled Substances Laws (Fillable PDF) can be used as defined in NRS 40.140. An eviction for nuisance, waste, and abuse requires a minimum notice of 3 judicial days.

Landlords must also complete an Affidavit of Landlord For Waste, Unlawful Business, or Nuisance (Fillable PDF).

Nuisance, Waste, and Unlawful Business Eviction - 1st Notice Requirements

  • Three judicial days, excluding day of service, no matter how served.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • An Landlord-Affidavit Proof of Service must be completed following service.

Nuisance, Waste, and Unlawful Business - 2nd Notice Requirements (Unlawful Detainer)

  • Five judicial days if served in person, excluding day of service.
  • If served in person with a tenant's signature, no proof of mailing is required.
  • If served in person without a signature, the landlord must mail a copy with a certificate of mailing.
  • If attempted to serve in person but no answer, you can post a copy to the front door and then mail a copy by certificate of mailing.
  • Posting and mailing is counted differently. It is 5 judicial days (excluding day of service) followed by three straight days. If the third day falls on a weekend or holiday we give the tenant through the next business day to contest.
  • An Landlord-Affidavit Proof of Service must be completed following service.

Nuisance, Waste, and Unlawful Business Eviction Forms

Respond to an Eviction Notice

If you feel that the landlord has served you an unlawful detainer notice without cause (i.e., rent is paid, no breach has occurred or has been cured, or any other reason) you may file an Affidavit of Tenant (Fillable PDF) with the court stating the reasons you are contesting the notice. Filing an Affidavit of Tenant will result in a hearing before a judge to determine if the eviction will be stayed, granted, or denied.

You may file an Affidavit of Tenant (Fillable PDF) after you have received an unlawful detainer notice. The cost to file an Affidavit of Tenant is $71.

Respond to an Eviction Forms

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Forms

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Eviction Fees

Civil Division

Christine DeArman, Supervisor

Phone: 775-325-6501