Tenant evictions in Las Vegas and Henderson are part of property ownership. Most landlords never plan to evict a tenant, but late rent, lease violations, and unlawful activity can make eviction necessary. Understanding the eviction process helps protect your property, income, and legal rights under Nevada law.
This guide explains how evictions work in Southern Nevada, what notices are required, how the courts handle eviction cases, and how property managers can help.
Nevada Eviction Law Explained (NRS 40.250–40.252)
Eviction laws can feel overwhelming, especially when they’re written in dense legal language. Nevada law uses the term “unlawful detainer” to describe situations in which a tenant can be legally removed from a property.
In Nevada, a tenant commits unlawful detainer when they stay in a rental property after they no longer have the right to be there. For example, after a lease ends, after failing to pay rent, or after violating the lease. Once an unlawful detainer occurs, a landlord can start the eviction process in court. Below is a simplified breakdown of the main rules within the scope of NRS 40.250–40.252.
1. Staying After a Lease Ends (NRS 40.250)
If your lease has a fixed end date (like a one-year lease) and you stay after the term expires, you are automatically considered in unlawful detainer. No additional notice is required when a fixed-term lease ends. Your tenancy ends automatically unless renewed.
2. Month-to-Month or Indefinite Leases (NRS 40.251)
For periodic leases (like month-to-month or week-to-week), the landlord must give notice before ending the tenancy. Typical notice periods are as follows:
- Week-to-week tenancy: at least 7 days
- Month-to-month or other periodic tenancy: at least 30 days
- Tenancy at will: at least 5 days
If you stay after the notice period ends without landlord consent, you are in unlawful detainer. In addition, special protections apply to older adults, disabled tenants, and government workers.
- Extra 30-day extension: If you are 60 or older or have a physical or mental disability, you can request one extra 30-day extension by submitting proof.
- Government shutdown protection: Federal, tribal, or state workers (or household members) affected by a government shutdown can request to stay during the shutdown and up to 30 days after it ends.
If the landlord refuses an eligible extension, the tenant can ask the court to grant it.
3. Nonpayment of Rent (NRS 40.2512)
If you don’t pay rent, the landlord must give a “pay or quit” notice:
- Commercial property: 5 days
- Residential property: 7 judicial days (court days)
- Mobile home lot: 10 days
If you don’t pay or move out within that time, you’re in unlawful detainer. Shutdown-affected government workers may be exempt during the shutdown period.
4. Lease Violations and Serious Misconduct (NRS 40.2514)
A tenant can be evicted with 3 days’ notice for serious violations, including:
- Subletting without permission
- Damaging the property (“waste”)
- Running illegal businesses
- Creating a serious nuisance
- Violating controlled substance laws
5. Other Lease Violations (NRS 40.2516)
For other lease violations (such as breaking the lease), the landlord must give a 5-day notice to fix the problem or move out. If the tenant fixes the issue within 5 days, the lease can be saved. If the issue can’t be fixed, the landlord can proceed with eviction.
6. Landlords Cannot Shorten Notice Periods (NRS 40.252)
Landlords cannot use a lease to shorten legal notice periods. Any clause that tries to reduce the required notice is void and unenforceable. Also, if one co-owner of a property gives an eviction notice, it is generally valid unless another co-owner proves they didn’t authorize it.
Common Reasons for Eviction
Landlords can evict tenants for several reasons, including:
- Nonpayment of rent or nonpayment of fees
- Failure to perform la ease condition, such as property upkeep
- Drug violation or unlawful business activity
- Damage to property
- Violating HOA rules or lease terms
- Holding over after lease expiration
Each situation requires a different notice type and timeline.
Unlawful Detainer Eviction Process
Unlawful detainer is used when a tenant stays after lease termination or disputes the eviction. This process involves a court hearing.
Steps include:
- The landlord files a complaint with the justice court.
- The tenant files an answer or tenant’s affidavit.
- The court sets a hearing date.
- The judge reviews evidence and issues a ruling.
- If the landlord wins, the court issues an eviction order.
This process takes longer than a summary eviction but is necessary when tenants contest the eviction.
Justice Courts in Las Vegas and Henderson
Eviction cases are handled by justice courts in Clark County. Landlords file cases in the township where the rental property is located.
Common courts include:
- Henderson Justice Court
- North Las Vegas Justice Court
- Las Vegas Justice Court
Each court handles filings, schedules hearings, and issues eviction orders. After the judge issues an order, the constable’s office enforces it.
Role of the Constable’s Office and Township Constables
The Henderson Township Constable and other township constables handle lockouts. After the court issues an eviction order, the constable posts a notice with a scheduled time for lockout. Tenants usually have a short period to vacate before the constable returns. At the scheduled time, the landlord regains possession of the property.
Court Hearings and Tenant Responses
Tenants have the right to respond to an eviction. They can file a tenant’s answer or a tenant’s affidavit with the court. A court hearing is scheduled if the tenant contests the eviction. Here’s what happens during the hearing:
- The landlord presents lease terms, payment records, and notices
- The tenant presents their defense
- The judge decides the outcome
If the landlord wins, the court issues an eviction order. If the tenant wins, the court may rescind the order or allow the tenant to stay.
Nonpayment of Rent and Rental Assistance
Nonpayment of rent is the leading cause of eviction in Las Vegas and Henderson. Nevada law allows tenants to seek rental assistance through local programs. If rental assistance is approved, the tenant can pay rent and stop the eviction. Landlords must follow state rules when assistance is pending. Property managers often track rental assistance applications and guide owners through such matters.
Call Our Experienced Property Managers to Help You with the Eviction Process
Missing a step can delay the case and increase costs. At Faranesh Real Estate and Property Management, we help property owners handle tenant evictions with care, accuracy, and professionalism. We manage notices, filings, tenant communication, and court coordination so you do not have to deal with the stress or risk of errors. Our goal is to protect your rental income and property while complying with Nevada law at every stage.
Here is what one of our clients, Austin T., shared about working with us:
Faranesh and his team are amazing! As a first time rental owner they helped me through the process of getting my property set up and always kept me informed on what was being done. Any questions I had were always answered, and any concerns I had were always put to rest in a courteous and professional manner. I’m looking forward to our continual partnership. Thanks for the awesome work everyone!
If you need support with tenant evictions, notices, or full-service property management in Las Vegas or Henderson, contact us today. We are ready to help you stay compliant, protect your property, and move forward with confidence.
