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§ Topic 01 of 20 Reviewed by Martin Fajardo, Broker Against NRS 40 · April 2026 14 min read

How to evict a tenant in Nevada — step by step.

The complete walkthrough from serving the first notice to the constable lockout: what to file, when to file it, every deadline that matters under NRS 40, and what it realistically costs from start to finish.

Nevada offers one of the fastest eviction processes in the country — a tenant can be out in as little as 17 days when everything goes right.1 But "everything going right" depends on getting the paperwork correct the first time. Most evictions that stretch into months go that way because the initial notice was defective, the wrong form was used, or a deadline was missed. This guide walks through the process the way we actually do it, with every step anchored to the statute that governs it.

§ A note on "summary eviction"

Nevada's eviction procedure is formally called "summary eviction" under NRS 40.253–40.2542 — a tenant-initiated procedure, which sounds backwards but is technically correct. Unlike most states, the tenant is the one who has to file an affidavit to contest; if they don't file, the court can issue the lockout order without a hearing.

Most evictions that stretch into months go that way because the first notice was served wrong.

1. The timeline in a single view

Before stepping through each phase, it helps to see the whole process at once. The table below assumes a straightforward nonpayment case, the most common type. Dates are calendar days unless noted.

  • Day 0: Tenant misses rent. Grace period may apply under the lease.
  • Day 1–5: Landlord serves a 7-day Pay-or-Quit notice (NRS 40.2512).
  • Day 12: 7-day notice expires. Tenant has not paid or moved.
  • Day 13: Landlord files for summary eviction with the Justice Court of the tenant's township.
  • Day 15–18: Tenant has 5 judicial days to file an opposition affidavit.
  • Day 20: If no opposition: court issues a lockout order. If opposition: hearing set within 7 days.
  • Day 22–27: Constable executes the lockout. Tenant is removed; landlord regains possession.

2. Choose the correct notice

Nevada has four primary notice types. Serving the wrong notice, or filling one out incorrectly, is the most common reason evictions get delayed. Match the notice to the reason:

7-day Pay-or-Quit (NRS 40.2512)

The notice for nonpayment of rent. Gives the tenant 7 judicial days either to pay in full or move out. Cannot include late fees or damages — only the base rent due.

5-day Unlawful Detainer (NRS 40.2514)

Used when the tenant has held over after the lease expired and not paid rent for the holdover period. Different procedure than nonpayment even though the time frame is similar.

3-day Notice (NRS 40.2514)

For nuisance, illegal activity, significant damage, or unlawful assignment/subletting. The most serious notice, with the shortest window.

30-day No-Cause (NRS 40.251)

Ends a month-to-month tenancy with no reason needed. 60 days required for tenants over 60 or with disabilities, per NRS 40.251(1)(b). This is not a default-based notice — there's no opportunity to cure.

§ Service of the notice

The notice must be personally served on the tenant, left at the residence with a person of suitable age, or posted on the door and mailed. Constructive service (just posting) is not allowed without the mailing. Keep the proof of service — the court will require an affidavit.

3. File the summary eviction complaint

If the notice period expires and the tenant has not paid or left, file with the Justice Court of the township where the property is located (Las Vegas Township, Henderson Township, North Las Vegas Township, etc.). You will need:

  • Landlord's Affidavit of Complaint for Summary Eviction (JC-form)
  • Copy of the signed lease
  • Copy of the notice served + affidavit of service
  • Ledger showing the amount owed
  • Filing fee (~$71 in most Clark County townships as of 2026)3

File in person, by mail, or through the court's electronic filing system where available. Las Vegas Justice Court offers eFileNV for remote filing.

4. The tenant's opposition window

Once the complaint is filed, the tenant has 5 judicial days to file a Tenant's Affidavit of Opposition. If they don't, the court can enter an order for summary eviction without a hearing. If they do, the court must set a hearing within 7 judicial days.

This is the point at which most landlords ask whether they need an attorney. Short answer: for a typical nonpayment case where the tenant hasn't filed opposition, no. For any contested case, retainer counsel is worth the cost.

5. The lockout

If the court issues the order, a writ of restitution is issued to the township constable. The constable schedules the lockout — typically within 1–2 weeks, depending on their workload. On the scheduled day, the constable arrives with the landlord (or the landlord's agent), the tenant is removed, and the locks are changed. The tenant has 30 days to recover their possessions from storage under NRS 118A.460.

6. What it actually costs

For a routine nonpayment case, out-of-pocket costs typically run $500–$1,200: filing fee (~$71), process server ($75–$150), locksmith ($150–$250), constable fee (~$45), plus any legal fees. The much larger cost is lost rent during the process (3–6 weeks typical), which is why moving quickly on the first notice is so much more valuable than it looks.

§ Innova's $0 eviction guarantee

For tenants Innova screened and placed, we cover the full cost of eviction if it's ever needed — including all filing fees, constable fees, and legal costs. No cap, no deductible. Part of why we screen as carefully as we do is so we almost never have to use it.

7. How to avoid ever reading this guide again

Most evictions are preventable — not at the moment the rent is late, but 6–12 months earlier, at tenant screening. A thorough credit, eviction, criminal, and income verification process, combined with calls to prior landlords, catches the vast majority of high-risk applicants. If you're managing the property yourself, the single highest-ROI change you can make is tightening the application review process before the next tenant.

If you'd like to see how we screen, and what our 23-year eviction rate is across the portfolio, we're happy to walk you through it — just request a free rental analysis.

  1. 17-day figure is the statutory minimum assuming uncontested nonpayment: 7-day pay-or-quit (NRS 40.2512) + 5 judicial days opposition window + constable dispatch (typically 3–5 calendar days).
  2. NRS 40.253 sets out the summary eviction procedure; 40.254 covers the mechanics of the notice-of-no-cause eviction. Both accessible via leg.state.nv.us.
  3. Filing fees vary by Justice Court. As of January 2026, Las Vegas Township charges $71 for a standard summary-eviction filing; Henderson Township charges $73; North Las Vegas Township charges $71.

This guide is general educational information, not legal advice. For your specific situation consult a licensed Nevada attorney. Innova Realty & Management is a Nevada-licensed real estate broker (#B.0029114), not a law firm.

§ Why this ever happens

Better screening means you never have to evict.

The single biggest factor in whether you'll ever need this guide is the screening process on the front end. We cover the cost of eviction for tenants we placed — because our screening almost never lets it happen in the first place.

  • Full credit check
  • Eviction history
  • Criminal background
  • Income verification
  • Landlord reference calls
  • $0 eviction guarantee
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