How to Evict a Roommate Not on the Lease in Nevada

Living with a roommate who isn't on your lease can sometimes lead to challenging situations, especially if you need them to move out. In Nevada, renters facing this issue must follow a specific legal process to remove a roommate who is not a named tenant on the lease. Knowing your rights and responsibilities under Nevada law helps protect you and ensure the eviction process is handled correctly and fairly.

Understanding Your Situation: Roommates, Leases, and the Law

In Nevada, if you share your rental unit with someone who is not officially listed on your lease—often called a 'roommate' or 'occupant'—they do not have the same legal protections as tenants, but due process still applies. The Nevada Residential Landlord and Tenant Act, found within NRS Chapter 118A, governs most residential rental situations in the state.

Evicting someone not on the lease generally means you (the renter-tenant) take on the role of 'landlord' for the purposes of removal. This is sometimes called an 'unlawful detainer' action and must be handled through official legal channels in Nevada.

Steps to Remove a Roommate Not on Your Lease in Nevada

If your roommate is not listed on the lease but refuses to leave, you will need to follow a formal eviction process—similar to evicting a tenant. Here’s an overview to help Nevada renters:

• Issue Written Notice: You must first give your roommate a proper written notice to vacate. In most cases, this is a 5-Day Notice to Quit for Unlawful Detainer (Roommate Eviction Notice).
• Wait the Required Time: Give your roommate the required 5 days to move out from the date they receive the notice.
• File for Eviction: If your roommate doesn't leave after receiving the notice, you can file an eviction action with your local Nevada Justice Court.

Important: Never attempt to remove a roommate by changing locks, shutting off utilities, or using threats. Such actions are illegal in Nevada.

Official Forms: What Nevada Renters Need

• 5-Day Notice to Quit for Unlawful Detainer (Roommate Eviction Notice)
  When to use: When your roommate is not on the lease, has no rental agreement with your landlord, and refuses to leave. Give this notice in writing, stating the date by which your roommate must move out.
  Get the form: Find the official template and guidance from the Clark County Civil Law Self-Help Center or your local Nevada court.
• Summary Eviction Complaint and Affidavit
  When to use: If your roommate does not move out after the 5-day notice, file this form at the Justice Court in your township.
  Get the form: Visit the official Nevada Justice Courts directory to locate your nearest court and download forms.

If the eviction is granted, you may receive a court order (writ of restitution), which is served by the constable or sheriff—not by a private citizen.

What Does the Law Say?

The Nevada Revised Statutes Chapter 118A cover landlord-tenant relations, including unlawful detainer actions. Even though your roommate isn't on your lease, Nevada law requires you to provide notice and obtain a court order before removing them physically or changing locks.

Always document all communications with your roommate in writing and keep copies of notices, forms, and court documents.

Who Handles Rental Eviction Cases in Nevada?

Eviction cases—including those involving roommates—are overseen by the Nevada Justice Court in your township or county. Each court has its own process for filing and deadlines, so follow their instructions closely.

Action Steps for Renters: Removing a Roommate Not on the Lease

• Prepare and serve the official 5-Day Notice to Quit (Roommate Eviction) in writing.
• Wait for your roommate to move out or respond within the notice period.
• If your roommate stays, file a summary eviction action with your local Justice Court using court-supplied forms.
• Attend any scheduled court hearing if required.
• If granted, cooperate with law enforcement to carry out the eviction order safely and legally.

Timely notice, accurate forms, and patience are key to staying compliant with Nevada’s laws.

FAQ: Evicting Roommates in Nevada

1. Can I evict my roommate in Nevada if they are not on the lease?
   Yes. Nevada law allows you to evict a roommate not on your lease, but you must follow the court eviction process, which includes proper notice and filing at Justice Court.
2. What notice do I have to give my roommate in Nevada?
   You must serve a 5-Day Notice to Quit for Unlawful Detainer before filing for eviction in court.
3. Can I change the locks to remove my roommate?
   No. Changing locks or removing a roommate's belongings without a court order is illegal in Nevada.
4. What if my roommate pays utilities but isn't on the lease?
   If they are not on the lease but reside in the rental, you must still use the court process to have them legally removed.
5. Where do I file forms to evict my roommate?
   File in the local Justice Court for the area where the rental is located. Check with your county’s Justice Court directory for forms and instructions.

Need Help? Resources for Renters

• Clark County Civil Law Self-Help Center: Roommate eviction guides and official forms
• Nevada Justice Courts: Find your county's court, locate forms, and submit filings
• Nevada Housing Division: Renter rights education and support
• Nevada Residential Landlord and Tenant Act: Complete rental laws

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1. Nevada Revised Statutes Chapter 118A - Residential Landlord and Tenant Act
2. Clark County Civil Law Self-Help Center: Roommate Eviction Forms
3. Nevada Justice Courts Directory

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