Legal FAQs for Renters in Nevada

Nevada's statewide eviction protections expired on May 31, 2021.

Landlords may now try to sue tenants to evict them. If you are worried about an eviction, reach out as soon as possible to your local legal aid group. The lawyers may be able to help you find protections and services to deal with your eviction.

Earlier Protections

Some Nevada renters may still be protected under the national moratorium.

Nevada's now-expired protection had allowed renters to stop an eviction by giving their landlord a signed, written document. This document must verify that they meet the 3 criteria listed below.

Renters were eligible for the protection if :

• They are unable to pay rent because of COVID-hardship, and
• They expect to make less than $99,000 in 2020 (or $198,000 if filing jointly), and
• They are likely to become homeless or forced to live in a group living situation if evicted.

This protection doesn't apply to renters who have violated their lease (aside from rent or fee payments).

Nevada requires landlords to notify their tenants about this eviction protection when they are filing for eviction. Landlords are required to notify the tenant about the moratorium, provide the Tenant Declaration, and include information about rental assistance programs.  The Informational statement is available here.

Since emergency protections have expired, then for renters in Nevada:

• Your landlord can still give you a notice to quit.
• Your landlord can still file an eviction claim against you.
• Hearings on eviction depend on local regulations, and the court may still hear an eviction case against you.
• The court can still issue a new order, judgment, or writ of eviction against you.
• Law enforcement can still enforce an existing eviction order against you, to remove you from your home.

Yes, Nevada renters still need to pay rent during the emergency, but landlords cannot charge late fees.

If you cannot pay rent, take steps to protect yourself:

• Apply for rental assistance: If you need financial assistance for housing costs like rent or utility bills, you may be able to get help. Apply as soon as possible.
• Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord. You can also use this letter-writing tool here.
• Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.
• Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.

After Nevada protections expired on May 31, 2021, landlords may try to evict tenants.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

Also, if you think your landlord is trying to evict you illegally, you can file a complaint with the Attorney General’s Office online or over the phone at 1-888-434-9989.

Some Nevada utility companies have suspended shutoffs for the duration of the crisis. Check with your local providers to see if you have any protections.

Renters must still pay their utility bills. If you need financial assistance for utility costs, you may be able to get help.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Tell your landlord about any repairs needed, particularly if they affect your health and safety.

The emergency may delay your landlord's ability to make repairs, but if they are urgent you should call your landlord to make the repairs as soon as possible.

Emergency repairs could be for problems with:

• Running water or hot water
• Heat
• Stove, refrigerator, or oven
• Electricity
• Bathroom use
• Missing doors, locks, or windows
• Pests

If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication).

Reach out for legal help for additional guidance.

You may be able to break your lease if you can come to an agreement with your landlord.

Your lease is still valid despite the emergency period.

However, you can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.

Also, you can review your lease. It may have a part that lets you end the lease early in times of financial difficulty. If your lease has this kind of part, you might be able to break the lease (in some cases penalty-free).

Find legal help to get advice for your situation.

Contact a legal help organization to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must take you to court by filing an eviction lawsuit, win the case, and getting an eviction order from the court.

Legal aid groups might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

Find legal help to protect your rights.

Eviction cases are currently proceeding in Nevada courts as of October 2020. Check with your courts regularly for updates.

Renters in 3 categories have special national protections against being evicted during the Emergency Period of March 27, 2020 to July 24 or 25, 2020. These national protections add onto any state and local protections you have.

Do you fit in any of these 3 categories?

Your home’s owner has a federally backed mortgage loan or other guarantee (like through Freddie Mac or Fannie Mae). Search if your home is covered.

You pay rent through a federal assistance program like the Section 8 Housing Choice Voucher, Rural Development Voucher, or other 'covered housing' program.

You live in Public Housing, where the government is your landlord.

If you are a renter in one of these 3 categories, the federal CARES Act section 4024 gives you these protections. (Remember, these protections add onto any state and local protections you have)

• Your landlord cannot file a new eviction lawsuit against you for not paying your rent during the Emergency Period. They can still evict you for other behavior, like drug abuse, other criminal activities, or other lease violations.
• Your landlord cannot charge you new fees or penalties for not paying your rent during the Emergency Period.
• After the Emergency Period ends, your landlord may not be able to evict you immediately.(Different states interpret the protections ending on July 24 or 25. Check with local lawyers to see about your state). If you have not paid your rent in full during the Emergency Period, your landlord must wait until the period ends before giving you a notice to vacate. For example, they may give you a notice on July 26, and you must be allowed until at least August 25 to leave the property.

For more help on these national protections, reach out for legal and financial help here. Also, use this tool to write a letter to your landlord if you are having issues with rent or eviction.

You do not have to leave your home yet.

In Nevada, your landlord must serve you a notice that tells you to pay rent or vacate (quit) the rental unit. The notice must give you time to either pay your rent, move out of the unit, or prepare a Tenant’s Affidavit to file with the court to raise defenses against eviction.

This notice must follow some rules to be valid. Please be aware that the notice does not need to be filed in any court to be valid. If it doesn't follow these rules, then you can challenge it and stop an eviction.

These are the Nevada requirements for an eviction notice for non-payment of rent:

1. The notice must be in writing.
2. It must explain why you may be evicted - it has to say exactly how much rent you owe and the dates the overdue rent is for.
3. The notice needs to say that you have seven days to move out, pay the rent, or how to contest the eviction in court.
4. It has to include the name of the court where you can file a response to the notice.
5. The notice has to explain that if the tenant is evicted, the court may issue a summary order evicting the tenant and the sheriff or constable will post the notice on the premises within 24 hours of the issuance of the order.
6. The notice also has to advise the tenant the sheriff or constable may force the tenant to vacate no earlier than 24 hours but no later than 36 hours after the summary order is posted on the premises.
7. The notice also has to say that you can file an expedited complaint with the court if your landlord locks you out of the property or shuts off your utilities.

Reach out for legal help if you think the notice isn't correct, or if you need assistance in defending yourself against the eviction.

Find local legal help in Nevada here.

A verbal conversation doesn't count as an "eviction notice". To be legal, the notice must be written down and given to you in the correct way.

Reach out for legal help if your landlord is trying to make you leave without going through the court process. This is illegal and a lawyer may be able to help you protect yourself.

Find local legal help in Nevada here.

No, you do not necessarily have to leave (or 'quit') your home by the date listed on the eviction notice. Remember, if you would like to contest the eviction you must file a Tenant’s Affidavit with the court in order to get a hearing.

You do not have to leave your home until a judge has ordered that your landlord can make you leave. If you did not contest the eviction notice, though, your landlord can ask the judge to sign the eviction order without any further notice to you. The Sheriff or Constable must serve the lockout order on you and may do this by giving it to you or posting it on your door. After you are served with the lockout order, you will have 24 hours to vacate your rental unit before the Sheriff or Constable returns to change your locks.

Find local legal help in Nevada here.

You still have time to reach out for rental assistance, and stop the eviction from moving forward.

Be sure to let the local group know that you have received an eviction notice and what its deadline is. They may be able to help you pay the rent you owe, or work with your landlord to reduce the amount or put you on a payment plan.

Find local financial help in Nevada here.

In Nevada, you have 7 judicial days between your landlord giving you a notice and them getting a lockout order from the judge to evict you.

The notice should tell you how many days the landlord is giving you. If they are giving you less than 7 days, then you may be able to challenge it as illegal.

Reach out for legal help if you think the notice isn't giving you the required time to make your payment.

Find local legal help in Nevada here.

You should make sure that the landlord properly 'served' you with the lawsuit. If they didn't give it to you in the correct way, you can challenge the eviction lawsuit. In Nevada, a landlord must follow certain rules to let you know about the lawsuit:

1. Only certain people can give you the lawsuit's Summons and Complaint. The landlord can not give you these papers - it has to be a person not involved in the case. This can be the sheriff, a deputy, or any person competent over 18.
2. These papers must be personally served to you - meaning that you must be handed a copy of your summons and complaint. The only exception is that the papers can be left at your home with an adult (age fourteen or older).
3. The papers must be given to a person and cannot be left in the doorway.

You should also reach out to local lawyers who can help you prepare for your court hearing so you can protect yourself against the eviction.

Find local legal help in Nevada here.

In Nevada, you are required to respond to the eviction lawsuit, if you want to avoid the eviction.

You will have 20 days after you receive the Summons and Complaint to get a written response back to the court unless the landlord asks for a shorter time for the tenant to answer. This time cannot be shortened to less than 10 days. If you do not submit this response by the 20th day, you may lose your case and the judge may give the landlord permission to remove you from your home.

Usually your landlord will also try to set an expedited hearing to remove you from the rental unit while awaiting trial. This hearing should not be set less than 11 days after you were served with the summons and complaint. You do not need to file anything with the court prior to the hearing but you must show up at the hearing if you want to stop the eviction.

Reach out to legal help to learn what your rights and defenses are in your eviction case. These organizations can help you deal with this lawsuit.

Find local legal help in Nevada here.

You can come to an agreement, but you should still go to court to make sure your case is closed.

You can work with your landlord to work out an agreement before the date of the court hearing. This might be a payment plan or other agreement on what needs to happen for you to stay in your home.

Be sure to get this agreement in writing, so that you can prove it exists and that your landlord follows through on it.

Also, you should still go to court for your hearing date, to make sure the court knows about the agreement and closes the lawsuit. If you do not go to court, the lawsuit might still continue and the judge might rule that the landlord can remove you. Go to court yourself to make sure this doesn't happen.

You can reach out for legal help to get assistance in negotiating an agreement with your landlord, and making sure this agreement is being followed.

Find local legal help in Nevada here.

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.

You can talk to your local Rental Assistance program to learn their eligibility rules.

You may have to show your household income, or if you are on other benefits programs like SNAP.

You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.

Check with your local Rental Assistance program to see if you are eligible.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.