Nev. Rev. Stat. §§ 40.215–40.425 § 40.385
Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.
Operative Text
1. Either party may appeal an order entered pursuant to NRS 40.253, 40.254 or 40.2542 by filing a notice of appeal within 10 judicial days after the date of entry of the order. 2. Except as otherwise provided in this section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. A tenant of commercial property may obtain a stay of execution only upon the issuance of a stay pursuant to Rule 8 of the Nevada Rules of Appellate Procedure and the posting of a supersedeas bond in the amount of 100 percent of any unpaid rent claim of the landlord. 3. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253, 40.254 or 40.2542.
Nevada Revised Statutes § 40.385 establishes the process for appealing an eviction order and the conditions under which a tenant may remain in the property while that appeal is pending. Either party has 10 judicial days from the entry of the order to file a notice of appeal. A residential tenant can pause enforcement of the eviction by posting a $250 bond, while a commercial tenant faces a stricter standard requiring both a court-issued stay and a full supersedeas bond covering all unpaid rent. Any tenant who stays in the property during the appeal must continue paying rent as required by the original lease.
Plain English — not legal advice.
Under Nev. Rev. Stat. § 40.385, a landlord whose eviction order is being appealed should be aware that a residential tenant may obtain a stay by posting only a $250 bond, whereas a commercial tenant must meet the higher bar of a Rule 8 stay and a full supersedeas bond. Operators generally track whether the tenant in possession is continuing to pay rent at the contractually agreed rate throughout the appeal period. If a tenant who retains possession fails to make those rent payments, § 40.385 permits the landlord to initiate a new summary eviction proceeding by serving a fresh notice under NRS 40.253, 40.254, or 40.2542.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. § 40.385 gives tenants the right to appeal an eviction order within 10 judicial days of its entry, and residential tenants can generally pause enforcement of that order by filing a $250 bond with the trial court. Tenants who remain in the property during the appeal are obligated to continue paying rent at the rate set in their lease as it comes due; failure to do so can expose them to a new, separate eviction action. Tenants facing this situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with Nevada appellate procedure to understand the full range of options available under § 40.385.
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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