Nev. Rev. Stat. §§ 40.215–40.425 § 40.2545

Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection.

In Force
Verified 9/22/2026 · Next check 9/29/2026
effective 9/22/2026NevadaSealing & Expungement

Operative Text

Nev. Rev. Stat. §§ 40.215–40.425 § 40.2545
1. If a court grants an action for summary
eviction pursuant to NRS 40.253 during
the COVID-19 emergency, the court shall automatically seal the eviction case
court file.
2. In addition to the provisions for the
automatic sealing of an eviction case court file pursuant to subsection 1, in
any action for summary eviction pursuant to NRS
40.253, 40.254 or 40.2542, the eviction case court file is
sealed automatically and not open to inspection:
(a) Upon the entry of a court order which
dismisses the action for summary eviction;
(b) Ten judicial days after the entry of a court
order which denies the action for summary eviction; or
(c) Thirty-one days after the tenant has filed an
affidavit described in subsection 3 of NRS
40.253 or subsection 3 of NRS 40.2542,
if the landlord has failed to file an affidavit of complaint pursuant to
subsection 5 of NRS 40.253 or subsection
5 of NRS 40.2542 within 30 days after
the tenant filed the affidavit.
3. In addition to the provisions for the
automatic sealing of an eviction case court file pursuant to subsections 1 and
2, the court may order the sealing of an eviction case court file for an action
for summary eviction pursuant to NRS 40.253,
40.254 or 40.2542:
(a) Upon the filing of a written stipulation by
the landlord and the tenant to set aside the order of eviction and seal the
eviction case court file; or
(b) Upon motion of the tenant and decision by the
court if the court finds that:
(1) The eviction should be set aside
pursuant to Rule 60 of the
Justice Court Rules of Civil Procedure; or
(2) Sealing the eviction case court file
is in the interests of justice and those interests are not outweighed by the
public’s interest in knowing about the contents of the eviction case court
file, after considering, without limitation, the following factors:
(I) Circumstances beyond the control
of the tenant that led to the eviction;
(II) Other extenuating circumstances
under which the order of eviction was granted; and
(III) The amount of time that has
elapsed between the granting of the order of eviction and the filing of the
motion to seal the eviction case court file.
4. If the court orders the eviction case
court file sealed pursuant to this section, all proceedings recounted in the
eviction case court file shall be deemed never to have occurred.
5. Except as otherwise provided in this
subsection, a notice to surrender must not be made available for public
inspection by any person or governmental entity, including, without limitation,
by a sheriff or constable. This subsection does not:
(a) Apply to a notice to surrender which has been
filed with a court and which is part of an eviction case court file that has
not been sealed pursuant to this section.
(b) Prohibit the service of a notice to surrender
pursuant to NRS 40.280, and such service
of a notice to surrender shall be deemed not to constitute making the notice to
surrender available for public inspection as described in this subsection.
6. As used in this section:
(a) “COVID-19 emergency” means the period of
time:
(1) Beginning on March 12, 2020, the date
on which the Governor issued the Declaration of Emergency for COVID-19; and
(2) Ending on the date on which the
Governor terminates the emergency described in the Declaration [May 20, 2022].
(b) “Eviction case court file” means all records
relating to an action for summary eviction which are maintained by the court,
including, without limitation, the affidavit of complaint and any other
pleadings, proof of service, findings of the court, any order made on motion as
provided in Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure
and local rules of practice and all other papers, records, proceedings and
evidence, including exhibits and transcript of the testimony.
Source: Legislative text reproduced verbatim
Plain English

Nevada Revised Statutes § 40.2545 establishes rules for when eviction case court files must be sealed from public view. Automatic sealing occurs in several situations: when a summary eviction action is dismissed, when it is denied (after ten judicial days), or when a landlord fails to follow through on the process within the required timeframe. Courts may also order sealing based on a joint landlord-tenant agreement or a tenant's motion, and once sealed, the proceedings are legally treated as though they never happened. Separately, notices to surrender are generally prohibited from public inspection, with limited exceptions for filed court documents and lawful service.

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

Plain English — not legal advice.

For Property Managers

Under Nev. Rev. Stat. § 40.2545, property owners and managers should be aware that certain eviction case court files are sealed automatically under defined conditions, meaning those records become unavailable for tenant screening or other public review. Operators who initiate a summary eviction action and then do not file a required affidavit of complaint within 30 days of a tenant's response may trigger automatic sealing of the file. Compliant operators also take care to handle notices to surrender in a manner consistent with the provision's restrictions on public disclosure, recognizing that such notices generally cannot be made available for public inspection outside of an unsealed court file.

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

For Tenants

Nev. Rev. Stat. § 40.2545 provides tenants with meaningful protections around the privacy of eviction records. In several circumstances—such as when an eviction action is dismissed, denied, or abandoned by the landlord—the court file is sealed automatically, and once sealed, the proceedings are deemed never to have occurred, which can affect how the record appears in background checks. Tenants may also file a motion asking the court to seal a file based on factors like extenuating circumstances or the interests of justice, and tenant-rights organizations in Nevada can help individuals understand which sealing pathway may apply to their situation.

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

§ 16
Eviction; petition to seal record; petition to access sealed record; consumer reporting agency; housing or credit screening applications; notice of satisfaction
§ 757
Eviction as the result of foreclosure
§ 47a-26j
Records of summary process actions.

Source Information

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