Nev. Rev. Stat. §§ 40.215–40.425 § 40.254

Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.

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

Operative Text

Nev. Rev. Stat. §§ 40.215–40.425 § 40.254
1. Except as otherwise provided by
specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a
dwelling unit, part of a low-rent housing program operated by a public housing
authority, a mobile home or a recreational vehicle is guilty of an unlawful
detainer pursuant to NRS 40.250, 40.251, 40.2514
or 40.2516, the landlord or the
landlord’s agent may utilize the summary procedures for eviction as provided in
NRS 40.253 except that written notice to
surrender the premises must:
(a) Be given to the tenant in accordance with the
provisions of NRS 40.280;
(b) Advise the tenant of the court that has
jurisdiction over the matter; and
(c) Advise the tenant of the tenant’s right to:
(1) Contest the notice by filing before
the court’s close of business on the fifth judicial day after the day of
service of the notice an affidavit with the court that has jurisdiction over
the matter stating the reasons why the tenant is not guilty of an unlawful
detainer; or
(2) Request that the court stay the
execution of the order for removal of the tenant or order providing for
nonadmittance of the tenant for a period not exceeding 10 days pursuant to
subsection 2 of NRS 70.010, stating the
reasons why such a stay is warranted.
2. The affidavit of the landlord or the
landlord’s agent submitted to the justice court or the district court must state
or contain:
(a) The date when the tenancy commenced, the term
of the tenancy and, if any, a copy of the rental agreement. If the rental
agreement has been lost or destroyed, the landlord or the landlord’s agent may
attach an affidavit or declaration, signed under penalty of perjury, stating
such loss or destruction.
(b) The date when the tenancy or rental agreement
allegedly terminated.
(c) The date when written notice to surrender was
given to the tenant pursuant to the provisions of NRS 40.251, 40.2514 or 40.2516, together with any facts supporting
the notice.
(d) The date when the written notice was given, a
copy of the notice and a statement that notice was served in accordance with NRS 40.280 and, if applicable, a copy of
the notice of change of ownership served on the tenant pursuant to NRS 40.255 if the property has been
purchased as a residential foreclosure.
(e) A statement that the claim for relief was
authorized by law.
3. If the tenant is found guilty of
unlawful detainer as a result of the tenant’s violation of any of the
provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be
awarded any reasonable attorney’s fees incurred by the landlord or the
landlord’s agent as a result of a hearing, if any, held pursuant to subsection
6 of NRS 40.253 wherein the tenant
contested the eviction.
Source: Legislative text reproduced verbatim
Plain English

Nevada Revised Statutes § 40.254 establishes a supplemental summary eviction procedure that landlords may use alongside the standard unlawful detainer process for tenants of dwelling units, public housing, mobile homes, or recreational vehicles. The written notice to surrender must inform the tenant of the court with jurisdiction and of two specific rights: the right to file a contesting affidavit with the court by the close of business on the fifth judicial day after service, or the right to request a stay of removal for up to 10 days. If a tenant is found guilty of unlawful detainer based on violations of Nevada's controlled substances statutes (NRS 453.011–453.552, excluding NRS 453.336), the landlord may be awarded reasonable attorney's fees incurred during any contested hearing.

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

Plain English — not legal advice.

For Property Managers

Under Nev. Rev. Stat. § 40.254, landlords and their agents who pursue summary eviction must ensure that the written notice to surrender meets specific content requirements beyond standard notice rules — it must identify the court with jurisdiction and explicitly inform the tenant of both the affidavit-filing option and the stay-request option. The affidavit submitted to the justice or district court must include details such as the tenancy start date, the rental agreement (or an explanation of its loss), the termination date, and confirmation that notice was served in compliance with NRS 40.280. Operators whose eviction cases involve drug-related unlawful detainer under the applicable controlled substances statutes may be eligible to seek reasonable attorney's fees if the tenant contested the eviction at a hearing.

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

For Tenants

Nevada Revised Statutes § 40.254 gives tenants facing summary eviction two important procedural rights that must be spelled out in the written notice to surrender: the right to contest the eviction by filing an affidavit with the appropriate court before the close of business on the fifth judicial day after the notice is served, and the right to request a court-ordered stay of removal for up to 10 days. Tenants who receive such a notice can review whether it properly identifies the court with jurisdiction and includes both of these advisements, as deficiencies in the notice may be relevant to the proceeding. Tenants who want to understand these options more fully may consider reaching out to a local tenant-rights organization or legal aid office familiar with Nevada eviction procedures.

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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