Nevada eviction notice and late fee rules

Notice for unpaid rent

7 days — For a tenant in default of rent (periodic rent by the month or shorter), the landlord may serve a written notice requiring payment of the rent or surrender of the premises before the close of business on the seventh judicial day following the day of service.

Ending a month-to-month tenancy

For a dwelling under chapter 118A, the required notice is at least 7 days for week-to-week tenancies and, except as provided in subsection 2, at least 30 days for all other periodic tenancies.

Late-fee limit

A late fee must not exceed 5 percent of the periodic rent.

Grace period before a late fee

In a tenancy longer than week to week, no late fee may be charged until at least 3 calendar days after the rent due date.

Notice for unpaid rent

For a tenant in default of rent (periodic rent by the month or shorter), the landlord may serve a written notice requiring payment of the rent or surrender of the premises before the close of business on the seventh judicial day following the day of service.

“the landlord or the landlord’s agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises: (a) Before the close of business on the seventh judicial day following the day of service; or”
NRS 40.253(1)(a)

If rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, the landlord may instead require payment or surrender at or before noon of the fourth full day following the day of service.

“(b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.”
NRS 40.253(1)(b)

Under the general unlawful detainer statute, a residential tenant is in unlawful detainer after a written pay-or-surrender notice remains uncomplied with for seven judicial days after service; the notice may be served any time after rent becomes due.

“(b) Seven judicial days for real property other than a commercial premises; or (c) Ten days for a mobile home lot, Ê after service thereof. The notice may be served at any time after the rent becomes due.”
NRS 40.2512(1)

Notice for other lease violations

A tenant who fails to perform a lease condition is in unlawful detainer if a written notice to perform or surrender remains uncomplied with for 5 days after service; within those 5 days the tenant may perform and save the lease from forfeiture.

“remains uncomplied with for 5 days after the service thereof. Within 5 days after the service, the tenant, or any subtenant in actual occupation of the premises or property, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given.”
NRS 40.2516(1)

A tenant who assigns or sublets contrary to the lease, commits waste, runs an unlawful business, maintains a nuisance, or violates specified controlled-substance laws is in unlawful detainer after remaining in possession following service of a 3 days' notice to surrender.

“and remains in possession after service upon the tenant of 3 days’ notice to surrender.”
NRS 40.2514

Ending a month-to-month or other periodic tenancy

For a dwelling under chapter 118A, the required notice is at least 7 days for week-to-week tenancies and, except as provided in subsection 2, at least 30 days for all other periodic tenancies.

“(I) At least 7 days for tenancies from week to week; and (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or”
NRS 40.251(1)(b)(1)

Lockouts and utility shutoffs

The landlord may not recover or take possession of the dwelling unit, including by interrupting essential items or services, except through a court action or summary proceeding, the tenant's surrender, or abandonment.

“The landlord shall not recover or take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or causing or permitting the diminution or interruption of any essential item or service required by the rental agreement or this chapter, except: 1. By an action for possession or other civil action or summary proceeding in which the issue of right of possession is determined;”
NRS 118A.480

If the landlord unlawfully removes or locks out the tenant or willfully interrupts an essential item or service, the tenant may recover immediate possession, proceed under NRS 118A.380, or terminate the agreement, and may recover actual damages, an amount up to $2,500 fixed by the court, or both.

“the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant’s actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.”
NRS 118A.390(1)

Retaliation

Except as provided in subsection 3, a landlord may not, in retaliation, terminate or refuse to renew a tenancy, increase rent, decrease essential items or services, or bring or threaten an action for possession if any of the listed tenant activities or circumstances apply.

“1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:”
NRS 118A.510(1)

A tenant subjected to prohibited retaliation is entitled to the remedies in NRS 118A.390 and has a defense to a retaliatory action for possession.

“2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.”
NRS 118A.510(2)

What the notice must say and how it is delivered

A contract or agreement that attempts to shorten the statutory notice periods is void.

“1. It is unlawful for a landlord to attempt by contract or other agreement to shorten the specified periods of notice and any such contract or agreement is void.”
NRS 40.252(1)

Except as provided in NRS 40.253 and 40.2542, eviction notices under NRS 40.251 to 40.260 must be served by a sheriff, constable, licensed process server, or an attorney's agent, including by delivering a copy to the tenant personally.

“1. Except as otherwise provided in NRS 40.253 and 40.2542, the notices required by NRS 40.251 to 40.260, inclusive, must be served by the sheriff, a constable, a person who is licensed as a process server pursuant to chapter 648 of NRS or the agent of an attorney licensed to practice in this State: (a) By delivering a copy to the tenant personally.”
NRS 40.280(1)

Court deadlines and the eviction case

The nonpayment notice must advise the tenant of the right to contest by filing, within the notice period, an affidavit with the court stating that the tenant has tendered payment or is not in default.

“(1) Of the tenant’s right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;”
NRS 40.253(3)(b)(1)

After a summary eviction order, the sheriff or constable posts it on the premises within 24 hours of receiving it and removes the tenant not earlier than 24 hours but not later than 36 hours after posting.

“The court may thereupon issue an order directing the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order.”
NRS 40.253(5)(a)

Late fees and grace periods

A late fee must not exceed 5 percent of the periodic rent.

“(b) Such a late fee must not exceed 5 percent of the amount of the periodic rent; and”
NRS 118A.210(4)(b)

In a tenancy longer than week to week, no late fee may be charged until at least 3 calendar days after the rent due date.

“(a) In a tenancy that is longer than week to week, no late fee may be charged or imposed until at least 3 calendar days after the date that rent is due;”
NRS 118A.210(4)(a)

A landlord may charge a reasonable late fee for late payment of rent as set forth in the rental agreement, subject to the limits that follow in the statute.

“4. A landlord may charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but:”
NRS 118A.210(4)

The maximum amount of a late fee must not be increased based on a late fee that was previously imposed.

“(c) The maximum amount of the late fee must not be increased based upon a late fee that was previously imposed.”
NRS 118A.210(4)(c)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Nevada rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Nevada have to give for unpaid rent?

For a tenant in default of rent (periodic rent by the month or shorter), the landlord may serve a written notice requiring payment of the rent or surrender of the premises before the close of business on the seventh judicial day following the day of service. (NRS 40.253(1)(a)).

How much notice is needed to end a month-to-month tenancy in Nevada?

For a dwelling under chapter 118A, the required notice is at least 7 days for week-to-week tenancies and, except as provided in subsection 2, at least 30 days for all other periodic tenancies. (NRS 40.251(1)(b)(1)).

Is there a limit on rent late fees in Nevada?

A late fee must not exceed 5 percent of the periodic rent. (NRS 118A.210(4)(b)).