Nev. Rev. Stat. §§ 315.007–315.071 § 315.041

Notice of termination of tenancy; contents of notice; affidavit filed by tenant; affidavit filed by housing authority or landlord; determination by justice of the peace.

In Force
Verified 9/22/2026 · Next check 9/29/2026
effective 9/22/2026NevadaSummary Process

Operative Text

Nev. Rev. Stat. §§ 315.007–315.071 § 315.041
1. Except as otherwise required by federal
law or regulation, or as a condition to the receipt of federal money, a housing
authority or a landlord shall, immediately upon learning of facts indicating
that a tenant is required pursuant to NRS
315.031 to vacate public housing, serve upon the tenant a written notice
which:
(a) States that the tenancy is terminated at noon
of the fifth full day following the day of service, and that the tenant must
surrender the premises at or before that time;
(b) Sets forth the facts upon which the tenant is
required to vacate the premises pursuant to NRS
315.031;
(c) Advises the tenant of the tenant’s right to
contest the matter by filing, within 5 days, an affidavit with the justice of
the peace denying the occurrence of the conditions set forth in NRS 315.031; and
(d) Contains any other matter required by federal
law or regulation regarding the eviction of the tenant from those premises, or
as a condition to the receipt of federal money.
Ê If the
tenant timely files the affidavit and provides the housing authority or the
landlord with a copy of the affidavit, stamped as filed with the justice of the
peace, the housing authority or the landlord shall not refuse the tenant, or
any person who resides with the tenant, access to the premises.
2. Upon noncompliance with the notice:
(a) The housing authority or the landlord shall
apply by affidavit to the justice of the peace of the township where the
premises are located. If it appears to the justice of the peace that the
conditions set forth in NRS 315.031 have
occurred and that the tenant is required by that section to vacate the
premises, the justice of the peace shall issue an order directing the sheriff
or constable of the county to remove the tenant and any other person on the
premises within 24 hours after receipt of the order. The affidavit required by
this paragraph must contain:
(1) The date when, and the facts upon
which, the tenant became required to vacate the premises.
(2) The date when the written notice was
given, a copy of the notice and a statement that the notice was served as
provided in NRS 315.051.
(b) Except when the tenant has timely filed the
affidavit described in subsection 1 and provides the housing authority or the
landlord with a copy of the affidavit, stamped as filed with the justice of the
peace, the housing authority or the landlord may, in a peaceable manner, refuse
the tenant, and any person who resides with the tenant, access to the premises.
3. Upon the filing by the tenant of the
affidavit authorized by subsection 1 and the filing by the housing authority or
the landlord of the affidavit required by subsection 2, the justice of the
peace shall hold a hearing, after service of notice of the hearing upon the
parties, to determine the truthfulness and sufficiency of any affidavit or
notice provided for in this section. If the justice of the peace determines
that the conditions set forth in NRS 315.031
have occurred and that the tenant is required by that section to vacate the premises,
the justice of the peace shall issue a summary order for removal of the tenant
and any other person on the premises, or an order refusing the tenant, and any
person who resides with the tenant, admittance to the premises. If the justice
of the peace determines that the conditions set forth in NRS 315.031 have not occurred and that the
tenant is not required by that section to vacate the premises, the justice of
the peace shall refuse to grant any relief.
4. The provisions of NRS 40.215 to 40.425, inclusive, do not apply to any
proceeding brought pursuant to the provisions of NRS 315.021 to 315.071, inclusive.
Source: Legislative text reproduced verbatim
Plain English

Under Nev. Rev. Stat. § 315.041, when a housing authority or landlord learns that a public housing tenant must vacate under NRS 315.031, they must immediately serve a written notice terminating the tenancy at noon on the fifth full day after service. The notice must explain the grounds for removal and inform the tenant of the right to contest by filing an affidavit with the justice of the peace within five days. If the tenant timely files and provides a stamped copy, access to the premises cannot be denied pending a hearing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 22, 2026

Plain English — not legal advice.

For Property Managers

Under § 315.041, compliant housing authorities and landlords serving a termination notice ensure it includes all required elements: the termination date and time, the factual basis under NRS 315.031, the tenant's right to contest, and any federally required content. If the tenant does not comply with the notice and has not filed a contesting affidavit, the landlord may apply by affidavit to the local justice of the peace for a removal order. Operators generally maintain documentation of service consistent with NRS 315.051 to support any subsequent affidavit filing.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 315.041 gives public housing tenants the right to contest a termination notice by filing an affidavit with the justice of the peace within five days of service, denying the conditions cited under NRS 315.031. Providing the housing authority or landlord with a stamped copy of that affidavit protects the tenant's right to remain on the premises while the matter is pending. Tenants facing this situation may consider reaching out to a local tenant-rights organization or legal aid office to understand the hearing process before the justice of the peace.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 22, 2026
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Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

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