Partial Rent Payments and Eviction Risk in Nevada

If you’re a tenant in Nevada facing difficulty paying your full rent, you may wonder about the consequences of making a partial payment. Understanding how Nevada law treats partial rent payments and eviction risk is vital for protecting your rights and avoiding misunderstandings with your landlord. This guide provides accessible information, step-by-step advice, and links to all official forms and legal resources you’ll need as a renter in Nevada.

Partial Rent Payments: What Nevada Law Says

In Nevada, your rental agreement typically requires you to pay rent in full and on time. If you’re struggling, you might consider making a partial payment. However, it’s important to know how this action could affect your rights and any potential eviction process under Nevada Revised Statutes Chapter 118A.¹

• Landlord’s Choice: Your landlord does not have to accept a partial payment unless your rental agreement or a local ordinance requires it.
• Eviction Risk: Accepting a partial payment could change your eviction risk—but only in certain circumstances.
• Written Agreement: To avoid confusion, always get any partial payment arrangements in writing.

Partial Payments and the Eviction Process

If you fall behind on rent, your landlord can issue a notice for nonpayment (commonly a 7-Day Notice to Pay Rent or Quit). If you pay part—but not all—of the rent owed after receiving this notice, your eviction risk depends on the landlord’s actions:

• If the landlord accepts a partial payment after serving the notice, Nevada law (NRS 40.253) requires the landlord to serve a new notice before starting or continuing an eviction.
• The landlord may choose to refuse any partial payment and proceed with the eviction if the full amount is not paid.

To learn more, visit the Las Vegas Justice Court Landlord & Tenant Information page for official resources.

Key Official Forms Renters Should Know

1. 7-Day Notice to Pay Rent or Quit

• Form Name: 7-Day Notice to Pay Rent or Quit
• Purpose: Used by landlords to formally notify tenants of overdue rent. Gives 7 judicial days to pay or move out.
• Where to Find: Clark County Justice Court Forms
• Renter Example: If you receive this notice and pay only part of the rent due, the landlord must serve a new notice if they accept your payment.

2. Tenant’s Answer to Summary Eviction

• Form Name: Tenant’s Answer to Summary Eviction (LVJCV-123)
• Purpose: Lets tenants respond to an eviction notice, explaining defenses (such as payment made or errors in the notice).
• Where to Find: Las Vegas Justice Court Civil Forms
• Renter Example: Use this form if you want to challenge an eviction filed after partial payment, especially if your landlord did not provide a new 7-Day Notice after accepting it.

Always keep copies of any notices and payment records. The Nevada court may require proof if a dispute arises.

If You Need to Respond to an Eviction Notice

If your landlord starts an eviction process—even after you’ve made a partial payment—there are specific steps to protect your rights. Below are suggested action steps for Nevada renters if facing eviction after a partial payment:

• Carefully review any notice you receive.
• Check if your landlord accepted partial payment after a notice. If so, confirm that a new notice was served.
• Respond promptly. File a Tenant’s Answer to Summary Eviction using the official form.
• Gather written communications and proof of any payments (receipts, bank records, agreements).
• Attend any scheduled hearing or mediation and bring your documentation.

Nevada’s Housing Tribunal: Where Eviction Cases Are Decided

Landlord-tenant disputes in Nevada are typically handled by your local Justice Court. In Clark County (Las Vegas area), it’s the Las Vegas Justice Court.

FAQ: Nevada Partial Rent Payments and Eviction

1. What happens if I make only a partial rent payment in Nevada?
   If your landlord accepts your partial payment after issuing a rent demand notice, they must serve you a new notice before continuing eviction. However, if they do not accept the partial payment, they can continue with the eviction process.
2. Can my landlord refuse to accept a partial payment?
   Yes. Nevada law does not require landlords to accept partial payments unless specified in the lease or a local ordinance.
3. Is there a specific form to respond to an eviction notice?
   Yes, you must file a Tenant’s Answer to Summary Eviction form. This lets you present your defense to the court.
4. Where do I file my response to an eviction in Nevada?
   You file your Tenant’s Answer at your local Justice Court, such as the Las Vegas Justice Court for Clark County residents.
5. If my landlord accepted a partial payment, does it stop the eviction?
   It temporarily delays the process. Legally, the landlord must provide a new 7-Day Notice before resuming eviction after accepting a partial payment.

Conclusion: Key Takeaways for Nevada Renters

• Landlords may accept or refuse partial rent payments, unless the lease says otherwise.
• If a landlord accepts a partial payment after giving you a notice, they must start the eviction process over with a new notice.
• Know your forms and deadlines—respond promptly to any notice to protect your home.

Staying informed about your rights and required procedures can help you avoid unnecessary eviction risk and resolve issues quickly.

Need Help? Resources for Renters

• Las Vegas Justice Court Landlord & Tenant Information – Official Nevada tribunal for eviction and tenancy cases
• Nevada Revised Statutes Chapter 118A – Landlord and Tenant Law
• Nevada Legal Services – Free or low-cost legal help for renters
• Nevada Department of Welfare and Supportive Services – Emergency rental assistance information

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1. Nevada Revised Statutes Chapter 118A – Landlord and Tenant
2. NRS 40.253 – Eviction: Nonpayment of Rent; Summary Procedures
3. Clark County Justice Court: Landlord & Tenant Information
4. Clark County Justice Court Official Forms

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