Nev. Rev. Stat. §§ 40.215–40.425 § 40.300
Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.
Operative Text
1. The plaintiff in his or her complaint, which shall be in writing, must set forth the facts on which the plaintiff seeks to recover, and describe the premises with reasonable certainty and may set forth therein any circumstances of fraud, force or violence which may have accompanied the alleged forcible entry, or forcible or unlawful detainer, and claim damages therefor, or compensation for the occupation of the premises or both. In case the unlawful detainer charged be after default in the payment of rent, the complaint must state the amount of such rent. 2. The summons shall be issued and served as in other cases, but the court, judge or justice of the peace may shorten the time within which the defendant shall be required to appear and defend the action, in which case the officer or person serving the summons shall change the prescribed form thereof to conform to the time of service as ordered; but where publication is necessary the court shall direct publication for a period of not less than 1 week. 3. At any time after the filing of the complaint and issuance of summons, the court, upon application therefor, may issue a temporary writ of restitution; provided: (a) That the temporary writ of restitution shall not issue ex parte but only after the issuance and service of an order to show cause why a temporary writ of restitution shall not be issued and after the defendant has been given an opportunity to oppose the issuance of the temporary writ of restitution. (b) That the temporary writ of restitution shall not issue until the court has had an opportunity to ascertain the facts sufficiently to enable it to estimate the probable loss to the defendant and fix the amount of a bond to indemnify the party or parties against whom the temporary writ may be issued. (c) That the temporary writ of restitution shall not issue until there has been filed with the approval of the court a good and sufficient bond of indemnification in the amount fixed by the court.
Nevada Revised Statutes § 40.300 governs the procedural requirements for filing an eviction (unlawful detainer) lawsuit in Nevada. A plaintiff must submit a written complaint that describes the property, states the factual basis for the claim, and—if the case involves unpaid rent—specifies the amount owed. Before a court can issue a temporary writ of restitution to remove a tenant before the case is fully resolved, the defendant must first receive notice and an opportunity to be heard, and the plaintiff must post a court-approved bond to cover potential losses to the tenant if the writ turns out to have been wrongly issued.
Plain English — not legal advice.
Under § 40.300, a landlord initiating an eviction action generally ensures the written complaint clearly describes the rental property, identifies the legal basis for the claim, and—when the case rests on nonpayment of rent—states the specific dollar amount owed. If a landlord seeks a temporary writ of restitution to regain possession before the case concludes, compliant practice involves participating in a noticed hearing, allowing the court to assess potential harm to the tenant, and posting a bond in the amount the court sets. Operators familiar with this provision understand that no temporary writ can be obtained on an emergency, ex parte basis without the tenant first having a chance to respond.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 40.300 provides important procedural protections for tenants facing eviction in Nevada: a landlord cannot obtain a temporary writ of restitution—an order to remove you from the property before the case is decided—without first serving you with notice and giving you an opportunity to appear and oppose it. The court must also require the landlord to post a bond sized to cover your estimated losses if the writ is later found to have been improperly issued. Tenants who believe these procedural requirements have not been followed may raise that issue as a defense in the eviction proceeding, and tenant-rights organizations in Nevada can help explain what these protections mean in practice.
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.
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