Nevada Eviction Laws: Legal Reasons & Tenant Defenses

Understanding your rights as a renter in Nevada is crucial if you are facing eviction or suspect your landlord may try to remove you from your home. Nevada has specific laws outlining when and how landlords can legally evict tenants, as well as official defenses and forms tenants can use to protect themselves. Staying informed can help you respond appropriately and protect your housing stability.

When Is Eviction Legal in Nevada?

Under Nevada law, a landlord can only evict a tenant for certain legally recognized reasons. State rules are designed to ensure both renters and landlords follow a fair process. In almost all situations, a landlord must provide written notice before starting the formal eviction process.

Common Lawful Reasons for Eviction

• Nonpayment of Rent: If you do not pay full rent on time, your landlord can begin the eviction process after serving a 5-Day Notice to Pay Rent or Quit (Form E-2).
• Lease Violations: This includes unauthorized pets, too many occupants, or other breaches of rental agreement. The landlord may use a 5-Day Notice to Perform or Quit (Form E-5) to demand compliance.
• No Lease or End of Fixed-Term Lease: If you do not have a lease or your lease has ended, the landlord must give a 7-Day No Cause Notice to Quit (Form E-1) to end a week-to-week tenancy or a 30-Day Notice for month-to-month rentals.
• Nuisance or Illegal Activity: Serious lease violations—like property damage, threats, or illegal activity—are addressed with a 3-Day Notice to Quit for Nuisance or Waste (Form E-4).

All official notice forms are available from the Nevada Supreme Court's Landlord-Tenant forms page.

What Landlords Cannot Legally Do

• Evict you without proper written notice
• Change locks, shut off utilities, or remove doors or windows ("self-help" eviction is illegal)
• Retaliate against you for requesting repairs, forming a tenant association, or exercising your rights

Nevada law protects renters from unlawful evictions and sets requirements for every step of the process.

Tenant Defenses Against Eviction

If you receive an eviction notice, you do not have to leave right away. Nevada law gives tenants the right to contest the eviction in court. You may be able to stop or delay eviction if you have a valid defense or if the landlord has not followed proper procedures.

What Are Common Defenses to Eviction?

• The landlord did not use the correct notice or made mistakes completing the official forms
• Rent was paid in full, or you offered to pay but your landlord refused
• The eviction is in retaliation for a legal action you took (like reporting unsafe conditions)
• The landlord is discriminating against you, which may violate federal or Nevada Fair Housing laws
• You remedied (fixed) a lease violation within the time allowed after receiving notice

How to Respond to an Eviction Notice

It is essential to respond promptly and use the correct form. The main defense form is the Tenant's Answer to Summary Eviction (Form E-7). File this form with the appropriate Justice Court before the deadline listed on your notice. Once you file, your case will be heard by a judge, giving you a chance to explain your side.

Eviction Hearings in Nevada

Eviction cases are decided at your local Nevada Justice Court. After both sides present their evidence, the judge will decide if the eviction should proceed. If the eviction is granted, a court order allows the sheriff to remove you if you do not leave by a set date. Learn more about the process on the Nevada Eviction Process Guide.

Official Eviction Forms for Nevada Renters

• 5-Day Pay or Quit Notice (Form E-2) – Used by landlords after missed rent; must be served before starting eviction for nonpayment.
• 5-Day Notice to Perform or Quit (Form E-5) – Given for lease violations. Tenant can correct the issue to avoid eviction.
• 7-Day No Cause Notice to Quit (Form E-1) – For ending week-to-week tenancies without cause.
• Tenant's Answer to Summary Eviction (Form E-7) – Tenant response to an eviction notice. Filing stops the process until a judge reviews the case.

For an in-depth explanation and downloadable forms, visit the official Nevada landlord-tenant forms resource.

FAQ: Nevada Evictions and Tenant Rights

1. Can my landlord evict me without written notice in Nevada?
   No. Nevada law requires landlords to serve you with an official written notice before starting formal eviction proceedings.
2. What should I do if I receive an eviction notice?
   Carefully read the notice, note the deadline, and file the Tenant's Answer to Summary Eviction (Form E-7) in Justice Court if you want to contest the eviction.
3. Can my landlord increase the rent during the eviction process?
   Generally, a landlord cannot raise rent during a pending eviction for nonpayment of rent or within the same notice period. Seek legal advice if you receive such a notice.
4. Are emergency or COVID-19 eviction protections still in effect?
   Most pandemic-era eviction moratoriums have ended, but check the Nevada Housing Division site for updates on any special protections.
5. What should I bring to my eviction hearing?
   Bring your notice, copy of rental agreement, payment receipts, evidence of repairs requested, photos, and any communication with your landlord.

Need Help? Resources for Renters

• Nevada Justice Courts – Handles all eviction proceedings. Find your local court for filing forms or attending a hearing.
• Official Landlord-Tenant Forms – Download the necessary forms and instructions.
• Nevada Housing Division – Information on housing rights, fair housing, and rental assistance programs.
• Legal Aid Center of Southern Nevada – Free legal help and advice for tenants.

---

1. See Nevada Revised Statutes Chapter 118A - Residential Landlord and Tenant Act
2. Eviction process details and forms at the Nevada Justice Courts Eviction Guide
3. Anti-retaliation provisions: NRS 118A.510
4. Official forms from the Nevada Supreme Court landlord-tenant page

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations