A Nevada eviction is not one process. It is five different notices, each with its own day count and its own statute, and picking the wrong one sends you back to the beginning with the tenant still in the house and another month of rent gone. Below are the notices Washoe County justice courts actually accept and the order they go in. Then the part that saves more money than all of it: how to run a rental so you never file one.
This is general information, not legal advice
Duvoire is a property management company, not a law firm. Nothing here is legal advice and nothing here creates an attorney-client relationship. Nevada eviction rules change, courts differ in how they apply them, and a single wrong day count can cost you a month. Before you serve anything, use a Nevada attorney or a qualified property manager who handles these filings routinely. Every day count and notice name below is linked to the statute or the court page it came from so you can check it yourself, and it was verified in August 2026.
The cheapest eviction is the one you never file
Filing fees are the small part. The real cost is the rent you do not collect while it runs, and Reno Justice Court’s own published range for that is 10 to 180 days, depending on the notice. Then the turnover and repairs waiting at the end of it. Add the weeks of your own attention it eats. Owners who rarely evict are not lucky; they are doing four unglamorous things consistently.
Screen like the money is yours, because it is
Verify income against the actual rent rather than a rule of thumb you half remember. Pull the full report, not the summary. Call the landlord before the current one: a current landlord who wants a problem tenant gone has every reason to give a warm reference. And separate the two risks in front of you: an applicant with a clean history who is simply stretched thin at Reno rents is a different problem from one who has been late before, and the second one is the one that ends in court. Our Reno long-term rental guide covers pricing and screening in more depth.
The two late-fee rules an out-of-state lease gets wrong
Both come from the same line of statute, and a template bought for another state misses both. Under NRS 118A.210(4), on a tenancy longer than week to week, a late fee cannot exceed 5 percent of the periodic rent, and it cannot be charged until at least three calendar days after rent is due. The same 5 percent cap is printed on the court’s own seven-day notice form. A lease promising a flat fee the morning after the first is unenforceable on both counts. It also hands the tenant an argument on the day you least want one. And inflated late charges have a habit of ending up inside the “total owed” on a seven-day notice. That is a good way to lose the notice.
Document as you go, not when it goes wrong
A dated ledger showing every payment and every charge. Maintenance requests logged with the date they came in and the date they were closed. Keep the conversation in writing even when a phone call would be faster. Here is why that matters more in Nevada than owners expect: a contested case is where the tenant raises habitability and retaliation defenses, and under the summary procedure below the hearing gets set on the court’s schedule rather than yours. You do not get a month to assemble the file. A repair log that shows you responded is worth more in that room than anything you can say from memory.
Make the phone call on day four
Owners skip this one. Most non-payment starts as a job loss or a hospital bill rather than bad faith, and Washoe County has money pointed at exactly that gap. Reno Justice Court’s own seven-day notice form tells the tenant to ask about the court’s Housing Court, which it describes as partnering with certain rental assistance agencies to give a quick decision on applications from tenants facing non-payment evictions, and points them to City of Reno housing assistance. An assistance application that is actually moving beats a vacancy and a turnover most of the time. Serve the notice if you need to. Make the call first, and put the answer in writing either way.
Which notice do you serve, and how long does it run?
Everything downstream depends on picking the right notice for the right ground. Get that wrong and none of the steps after it count. Below are the notice types and periods published by Reno Justice Court and the Nevada Revised Statutes. Judicial days exclude the day of service, weekends and certain legal holidays, so a “seven-day” notice normally runs nine to eleven days on the calendar depending on the weekday it was served, and longer when a holiday falls inside it.
| Notice | Grounds | Period | Statute |
|---|---|---|---|
| Seven-Day Notice to Pay Rent or Quit | Tenant is behind on rent | 7 judicial days, excluding the day of service | NRS 40.253 |
| Five-Day Notice to Perform Lease Condition or Quit | Breach of the lease other than rent — unauthorized pet, extra occupant, parking or smoking violation | 5 judicial days to cure or vacate | NRS 40.2516 |
| Three-Day Notice to Quit (nuisance, waste, subletting, unlawful business, drug violation) | Conduct listed in the statute. No right to cure | 3 judicial days, excluding the day of service, however it is served | NRS 40.2514 |
| No-Cause Termination Notice to Vacate (first notice) | Ending a periodic tenancy with no allegation against the tenant | 30 days, excluding the day of service (7 days if rent is paid weekly). A tenant 60 or older, or with a disability, may request 30 more | NRS 40.251 |
| Five-Day Notice to Quit for Unlawful Detainer (second notice) | Served after a lease-violation, nuisance or no-cause period runs out and the tenant is still there | 5 judicial days if served in person, excluding the day of service | NRS 40.254 |
Sources: Reno Justice Court non-payment, breach of contract, nuisance and waste, 30-day no cause, and NRS Chapter 40. Verified August 2026.
That table hides two things that cost owners months. Non-payment is the only track with a single notice; every other ground needs the first notice and then the five-day unlawful detainer notice on top of it, which is why a no-cause termination runs well past 30 days rather than ending at 30. The second is the gap between how the statute counts and how the forms count. NRS 40.2516 gives a tenant “5 days” to cure a lease violation, but Reno Justice Court’s own form states five judicial days, and Nevada’s Civil Law Self-Help Center describes the same two-notice sequence. Judicial days are the longer count. Use the form published by the township you will file in, and count the longer way.
Who is allowed to hand the tenant the notice
This is the single most common own-goal, and out-of-state owners walk into it almost every time. The statute and the local courts do not line up, so read both. NRS 40.280(1) requires the notices under NRS 40.251 to 40.260 to be served by the sheriff, a constable, a licensed process server, or the agent of a Nevada attorney — with an express carve-out for the non-payment notice under NRS 40.253, which the statute allows a landlord or the landlord’s agent to deliver personally. The Washoe County courts do not leave you that room. Reno Justice Court states on all four of its eviction pages, non-payment included, that the notice must be served by a licensed process server, the Washoe County Sheriff, or an attorney’s agent with an affidavit from the attorney. Sparks Justice Court says it in shorter form: the Sheriff or a licensed process server. So in Reno and Sparks, use a permitted server for every notice. Taping it to the door yourself, emailing it, or having your handyman drop it off is how a filing gets rejected.
How it is served changes the math too. Sparks Justice Court notes that a tenant served personally gets five working days, while a tenant served by posting and mailing gets five working days plus three straight days. Budget for the slower version.
Summary eviction: the tenant files first
Nevada’s summary eviction procedure works backwards from what most owners expect. In most states the landlord files a complaint and the tenant answers it. Here, the notice itself must tell the tenant they may contest it by filing an affidavit with the justice court, and under NRS 40.253 the court may issue the removal order without a hearing if no affidavit arrives. The Reno Justice Court response page puts the same point from the tenant’s side: filing the affidavit is what gets a hearing set, and it costs the tenant $71. The Civil Law Self-Help Center walks tenants through the same sequence. It cuts both ways: the uncontested case is unusually fast, and the contested one arrives with almost no warning.
- Serve the correct noticethrough a process server, the Sheriff, or an attorney’s agent, and get a signed proof of service back. Use the court’s form, not a template you found.
- Let the full period run. Count judicial days, not calendar days. The deadline on a seven-day notice is the close of business on the seventh judicial day after service.
- Serve the second notice if the ground requires one. Lease violation, nuisance and no-cause all need the Five-Day Notice to Quit for Unlawful Detainer once the first period expires. Non-payment does not.
- The tenant chooses. Pay or cure, move out, or file an Affidavit of Tenant with the justice court. Reno Justice Court charges the tenant $71 to file that affidavit.
- File your affidavit or complaint. Reno Justice Court publishes the landlord affidavit forms on each of its eviction pages and lists an Affidavit of Landlord at $71. Sparks Justice Court lists $71 for a non-payment or unlawful detainer filing.
- Hearing, or no hearing. If the tenant filed, the court sets a hearing and both sides appear. If not, the court may issue a summary order for removal without one.
- The lockout is the Sheriff’s job. Under NRS 40.253 the order is posted at the property within 24 hours of the sheriff receiving it, and the tenant is removed no earlier than 24 hours and no later than 36 hours after that posting. Sparks Justice Court lists an Order for Lockout at $25.
Reno Justice Court’s own estimate for the whole range is 10 to 180 days, depending on the notice. Plan on the wide end of that when you are deciding whether to file at all.
Why does an eviction get thrown out?
Almost never over whether the rent was paid. These are paperwork failures, and each one restarts the clock at day zero with the tenant still living there.
A notice you wrote yourself
The court forms carry required language: the amount owed, the period it covers, the deadline, the tenant’s right to contest, and the court where the affidavit goes. Leave a piece out and the notice can be thrown out on its face.
You served it
Reno Justice Court lists who may serve: a licensed process server, the Washoe County Sheriff, or an attorney’s agent with an affidavit from the attorney. Sparks Justice Court lists the Sheriff or a licensed process server. Serve it yourself in either township and you have handed the court a reason to reject the filing.
No proof of service
The Seven-Day Notice form requires a valid Proof of Service when it goes to the court. Weeks get lost over one missing signature.
Calendar days instead of judicial days
Judicial days skip the day of service, weekends and certain holidays. Serve on a Wednesday and the seventh judicial day is the Friday of the following week, not the Wednesday. File on the Wednesday and you have filed before the period ran, which the court can reject.
Then there is partial rent
A tenant who owes $1,900 offers you $600 two days after the notice is served. Taking it feels like the responsible thing. It is also the point where a lot of Nevada evictions quietly die, because accepting rent after serving a pay-or-quit notice is widely treated as waiving that notice and putting you back at day one. The sourcing deserves a caveat: no section of NRS Chapter 40 says that in those words. The rule as landlords hear it comes out of court practice rather than a line in the statute, which means it can vary by courtroom. Treat it as a question, not a settled fact. If you want the money, get the answer in writing first, from someone who practices in the justice court you will be filing in.
One more: retaliation. Nevada limits a landlord’s ability to act against a tenant for exercising their rights, at NRS 118A.510. A no-cause termination served three weeks after a habitability complaint invites that defense whether or not the timing meant anything, which is another reason the repair log matters.
Never change the locks
Locking a tenant out, removing their belongings, or shutting off power, gas, water or heat to force them to leave is illegal in Nevada, no matter how far behind they are. Under NRS 118A.390 a tenant who is unlawfully removed or excluded, or whose essential services are willfully interrupted, can terminate the lease and recover actual damages, an amount of up to $2,500 set by the court, or both — and can go straight to court for it on an expedited verified complaint. Reno Justice Court prints that warning on the face of its eviction notices. Lockouts are carried out by the sheriff or constable on a court order, and by nobody else.
The temptation is real, which is why it needs saying out loud. A tenant who has stopped paying and stopped answering the phone feels like a trespasser. Legally, they are not. The day you treat them like one, you turn a case you were going to win into a case you pay for.
Which justice court do you file in?
Evictions are filed in the justice court for the township where the property sits, and Washoe County has several. A home in Reno goes to Reno Justice Court on South Sierra Street. A home in Sparks goes to Sparks Justice Court, which adopted its own summary eviction rules under an administrative order and publishes its own approved forms. North shore rentals in Incline Village fall under the Incline Village Crystal Bay Justice Court.
File in the wrong one and you lose the fee and the weeks. If you own in more than one township, do not assume the forms are interchangeable; pull them from the court you are actually filing in.
When should you stop doing this yourself?
An owner who lives in Reno, has one rental, and reads carefully can get a straightforward non-payment case through the justice court alone. A contested case is a different animal. So is any case where the tenant shows up with counsel, or raises habitability, or asks for a disability accommodation. Those belong with a Nevada attorney from the first notice, not from the hearing date.
The other case for handing it over is that the whole thing is preventable, and prevention is a routine rather than a decision. That is most of what long-term rental management actually is: consistent screening, a Nevada-compliant lease, rent chased on day four instead of day thirty, and a documented file if it ever does go to court. If you are still weighing a lease against nightly bookings, the tradeoffs are laid out in short-term vs. long-term rental in Reno. Long-term is steadier, but only if the tenant is the right one.
Frequently Asked Questions
How long does an eviction take in Nevada?
Reno Justice Court states that evictions take 10 to 180 days depending on the type of notice served. An uncontested non-payment case can finish in a few weeks: seven judicial days on the notice, then the landlord files an affidavit, then the Sheriff removes the tenant no earlier than 24 hours and no later than 36 hours after posting the order. A contested case with a hearing, or a 30-day no-cause termination followed by a second five-day notice, runs much longer.
What is a 7 day notice in Nevada?
It is the Seven-Day Notice to Pay Rent or Quit under NRS 40.253, used when a tenant is behind on rent. The tenant has seven judicial days after service to pay, move out, or file an affidavit contesting the notice with the justice court. Judicial days exclude the day of service, weekends and certain legal holidays, so seven judicial days is normally longer than a calendar week.
Can a landlord evict a tenant without a court order in Nevada?
No. Changing the locks, removing belongings, or shutting off electricity, gas, water or heat to force a tenant out is illegal. Under NRS 118A.390 a tenant who is unlawfully removed or excluded, or whose essential services are willfully interrupted, may terminate the lease and recover actual damages, an amount of up to $2,500 set by the court, or both, and may file an expedited complaint to get back in. A lockout requires a court order, and it is the sheriff or constable who carries it out, never the landlord.
Does the tenant have to file first in a Nevada summary eviction?
In practice, yes, and it catches out-of-state owners off guard. The notice itself must tell the tenant they can contest it by filing an affidavit with the justice court. If the tenant files nothing, there is no hearing: the landlord files an affidavit and the court can issue a removal order without one. If the tenant does file, the court sets a hearing and both sides appear.
What happens if a Nevada eviction notice is defective?
You start over. A notice served by someone the court does not accept as a server, filed without a valid proof of service, demanding charges the lease and NRS 118A do not support, or counted in calendar days rather than judicial days can be rejected, and the clock restarts on a corrected notice. That risk is the main reason Reno owners route evictions through an attorney or a property manager rather than a downloaded template.
Rather Not Learn This The Hard Way?
Duvoire handles screening, Nevada-compliant leases, rent collection and the paperwork trail for long-term rentals across Reno and Sparks. Ask for a free, property-specific analysis.

Founder & CEO, Duvoire Property Management
Michael is a Reno-Tahoe property owner and hospitality expert who founded Duvoire to bring institutional-grade management with a personal, local touch to every property in the region. He writes about vacation rental strategy, market trends, and property investment across the Sierra Nevada.
View full profile