Fight Illegal Eviction in Nevada: Renter Protections & Steps

If you’re facing eviction in Nevada and suspect your landlord is not following the law, it’s important to understand your legal rights. Nevada offers renters strong protections against so-called "illegal," or unlawful, evictions. This guide explains what an illegal eviction is under Nevada law, what steps to take if you believe your eviction is not lawful, and where to find official support.

What Is an Illegal Eviction in Nevada?

An illegal eviction occurs when a landlord tries to remove a tenant without following the correct legal process outlined in Nevada law. Examples include changing the locks, shutting off utilities, removing your belongings, or threatening eviction without serving a proper notice. In Nevada, only the court can order an eviction—your landlord cannot remove you without a formal court order.

Tenant Protections Under Nevada Law

• Your landlord must give you a written notice before starting any eviction proceeding.
• Lockouts, utility shutoffs, or removal of your possessions without a court order are not allowed.
• Eviction must follow the process in the Nevada Revised Statutes Chapter 118A (Landlord and Tenant: Dwellings).
• Only the Nevada Justice Courts can issue an official order of removal through the eviction process.

If you believe your landlord is trying to remove you without following these laws, you can fight the eviction.

How to Respond to an Illegal Eviction Attempt

If your landlord tries to evict you without a court order, or uses tactics such as shutting off water or changing locks, take action quickly. Here are practical steps:

• Stay calm and gather evidence. Take photos, save communications, and make notes of what happened.
• Ask your landlord for any official eviction notice in writing.
• If you never received a court notice, your landlord may be violating Nevada law.
• Contact local law enforcement (non-emergency) if you are locked out or your property is taken.
• Consider filing a formal complaint in court.

Official Nevada Forms for Fighting an Illegal Eviction

When contesting an eviction, tenants in Nevada have access to official forms and clear processes through the courts.

Tenant's Affidavit – Las Vegas Justice Court

• Form Name: Tenant's Affidavit
• When used: To formally contest the eviction after receiving a notice. Submit this to the Justice Court listed on your eviction notice.
• How to use: Fill out the affidavit with reasons why you should not be evicted (for example, that the landlord didn't follow legal procedure). Attach any evidence.
• Download Tenant's Affidavit (Las Vegas Justice Court)

Tenant's Answer to Summary Eviction

• Form Name: Tenant's Answer to Summary Eviction
• When used: When you receive an official eviction notice (Notice to Quit, Five-Day Notice to Pay or Quit, etc.).
• How to use: File this answer within the deadline stated in your notice—usually 5 business days. State your defenses (for example, lack of proper notice or retaliation).
• Download Tenant's Answer to Summary Eviction (Las Vegas Justice Court)

How to File Your Response

• Complete your answer or affidavit form with as much detail as possible about why the eviction is improper.
• File the form with the Justice Court named on your official notice. For a full list, see Nevada Justice Courts.
• Pay any filing fee or request to waive fees if you cannot afford them (ask for a fee waiver form at the courthouse).
• Attend the court hearing. Bring all your documents and evidence.

Legal Process: Summary Eviction and Your Rights

Nevada uses a "summary eviction" process for most nonpayment and lease violation cases. Your landlord must:

• Give you a written Notice to Quit or Notice to Pay or Quit (usually 5 or 7 days).
• File for eviction in the Justice Court if you do not comply or respond.
• Wait for a court order—self-help remedies like lockouts are not allowed.

The Nevada Revised Statutes (NRS) Chapter 118A explain all landlord and tenant responsibilities and eviction procedures. Read the full text at the Nevada Revised Statutes – Chapter 118A.

FAQ: Fighting Illegal Evictions in Nevada

1. What should I do if my landlord changes the locks?
   If your landlord locks you out without a court order, this is illegal in Nevada. Document the situation and call local police (non-emergency line). You can also file a complaint with the court.
2. Is shutting off utilities to force me out legal?
   No. Nevada law prohibits landlords from shutting off utilities to make you leave. This is considered a "self-help" eviction tactic and is unlawful.
3. How long do I have to respond to an eviction notice?
   Usually, you have five business days to respond, but check your notice for deadlines. File your answer form quickly to protect your rights.
4. Where do I file tenant forms or complaints?
   You file all summary eviction forms or complaints at your local Justice Court. Find your court on the Nevada Justice Courts directory.
5. Where can I read Nevada's tenant laws?
   You can read Nevada tenant protections in full at NRS Chapter 118A – Landlord and Tenant: Dwellings.

Key Takeaways for Nevada Renters

• Landlords cannot evict you without a Justice Court order.
• Utility shutoffs, lockouts, or threats are illegal self-help eviction tactics.
• Use official forms (Tenant's Answer/Affidavit) to contest an eviction in court.
• Act quickly—deadlines are short. Seek help from local court or legal resources if needed.

Need Help? Resources for Renters

• Nevada Justice Courts – Find your local court to file forms and get assistance.
• Nevada Housing Division – Tenant resources, renters’ rights education.
• Washoe Legal Services – Free or low-cost legal help for tenants (northern Nevada).
• Legal Aid Center of Southern Nevada – Assistance for renters facing eviction in the Las Vegas area.
• Read the Nevada Revised Statutes – Landlord and Tenant: Dwellings (NRS 118A) for in-depth tenant protections.

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1. Nevada Revised Statutes Chapter 118A: Landlord and Tenant: Dwellings
2. Nevada Justice Courts Directory
3. Nevada Housing Division – Tenant Resources
4. Tenant's Affidavit Form (Las Vegas Justice Court)
5. Tenant's Answer to Summary Eviction Form

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