Nev. Rev. Stat. §§ 40.215–40.425 § 40.380

Provisions governing appeals.

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 § 40.380
Either
party may, within 10 days, appeal from the judgment rendered. But an appeal by
the defendant shall not stay the execution of the judgment, unless, within the
10 days, the defendant shall execute and file with the court or justice the
defendant’s undertaking to the plaintiff, with two or more sureties, in an
amount to be fixed by the court or justice, but which shall not be less than
twice the amount of the judgment and costs, to the effect that, if the judgment
appealed from be affirmed or the appeal be dismissed, the appellant will pay
the judgment and the cost of appeal, the value of the use and occupation of the
property, and damages justly accruing to the plaintiff during the pendency of
the appeal. Upon taking the appeal and filing the undertaking, all further
proceedings in the case shall be stayed.
Source: Legislative text reproduced verbatim
Plain English

Under Nev. Rev. Stat. § 40.380, either party in an eviction (unlawful detainer) proceeding has 10 days from the entry of judgment to file an appeal. However, a defendant's appeal does not automatically pause enforcement of the judgment — meaning a landlord can proceed with executing the judgment unless the defendant posts a financial undertaking (bond) with at least two sureties in an amount set by the court, but no less than twice the judgment and costs. Once both the appeal and the required undertaking are properly filed, all further proceedings in the case are paused until the appeal is resolved.

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

Plain English — not legal advice.

For Property Managers

Under Nev. Rev. Stat. § 40.380, a landlord who wins an eviction judgment is generally entitled to proceed with enforcement even if the tenant files an appeal, unless the tenant has posted the required surety bond. Compliant operators typically monitor whether a qualifying undertaking has been filed within the 10-day window before assuming enforcement is stayed. If no valid undertaking is filed, the judgment remains executable during the pendency of any appeal the tenant pursues.

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. § 40.380 gives a tenant who loses an eviction judgment the right to appeal within 10 days, but filing the appeal alone does not stop the landlord from enforcing the judgment. To obtain a stay of execution, a tenant must also file a surety undertaking — a bond backed by at least two sureties — in an amount the court sets, which cannot be less than twice the judgment and costs. Tenants seeking to understand the bond requirements or explore this appeal right may benefit from consulting a tenant-rights organization or reviewing resources available through Nevada's court self-help centers.

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

Source Information

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