Landlord/Tenant
Overview
The attorneys of Hutchison & Steffen litigate on behalf of owners/landlords in a comprehensive array of landlord/tenant issues. These matters include commercial and residential evictions related to nuisance, lease violations, abandonment, breach of contract, and non-payment of rent. The Firm has one of the largest and most active landlord/tenant practices in Nevada, and its attorneys are recognized as experts in the field. They are often asked to participate in continuing legal education seminars and programs for both the public and the Bar. They have appeared on various television shows, lecture circuits, and gatherings, including the National Judicial Conference, often at the request of judges before whom they practice. The Firm regularly drafts numerous commercial and residential leases and zealously represents clients in lease negotiations.
To discuss an eviction, a lease, or a tenant dispute with a Nevada landlord attorney at the Firm, call 702.385.2500 in Las Vegas or 775.853.8746 in Reno, or contact Hutchison & Steffen online.
Understanding The Practice
What Is Landlord/Tenant Law?
Landlord/tenant law governs the relationship between a property owner and the people who rent from it, from the lease through the return of the security deposit or the return of the keys by a constable. Hutchison & Steffen represents landlords and property owners. The Firm’s landlord attorneys handle residential and commercial evictions across Las Vegas, Henderson, North Las Vegas, Reno, and Sparks, draft and enforce leases, and defend owners against tenant claims.
Nevada residential tenancies run under NRS Chapter 118A, commercial tenancies under NRS Chapter 118C, and the eviction process itself under NRS Chapter 40. Nevada’s summary eviction procedure in NRS 40.253 and 40.254 is faster than the process in most states, and the Legislature has repeatedly considered changing it. Assembly Bill 283, which would have required the landlord to file with the court first, was vetoed in June 2025, so the current process remains in place at least until the Legislature returns in 2027.
Hutchison & Steffen is a full-service, AV-rated Nevada law firm with more than 60 attorneys and three decades of practice in the State. John T. Steffen, a founding partner of the Firm, and William R. Urga are among the attorneys who handle landlord matters, and the Firm represents owners in the justice courts of Clark and Washoe counties and in Summerlin, Carson City, and statewide.
Speed is the advantage, and procedure is the risk. A summary eviction for nonpayment begins with a seven-judicial-day notice to pay or quit under NRS 40.253. If the tenant does not pay, vacate, or file an answer with the justice court within that period, the landlord files an affidavit of complaint and the court may issue an order for removal without a hearing. The constable or sheriff posts the order within 24 hours of receiving it and removes the tenant no earlier than 24 hours and no later than 36 hours after posting. A defective notice, improper service, or a lockout before the order issues restarts the process and exposes the owner to a claim under NRS 118A.390.
Beyond evictions, NRS Chapter 118A sets the rules owners are measured against: a security deposit capped at three months’ rent under NRS 118A.242 and accounted for within 30 days after the tenancy ends, 24 hours’ notice before non-emergency entry under NRS 118A.330, a late fee limited to five percent of periodic rent under NRS 118A.210, and habitability duties under NRS 118A.290 that tenants can enforce by withholding rent or repairing and deducting under NRS 118A.355 and 118A.360. Each of those is a place a tenant can turn an eviction into a counterclaim.
Landlord matters connect to several other practices. Lease drafting, the purchase and sale of rental property, and title issues are handled with our Real Estate Law attorneys. Damage claims, guaranty enforcement, and unpaid rent beyond the summary process are pursued through Business Law & Commercial Litigation, and a tenant’s bankruptcy filing, which stays an eviction, is handled with our Bankruptcy & Creditor’s Rights attorneys.
How We Help Nevada Property Owners
Landlord Services
Residential Evictions
The Firm handles nonpayment, lease violation, nuisance, and no-cause evictions under NRS Chapter 40 in the justice courts of Clark and Washoe counties. Nonpayment requires a seven-judicial-day notice under NRS 40.253, a lease violation a five-day notice to cure under NRS 40.2516, nuisance or unlawful activity a three-day notice under NRS 40.2514, and the end of a month-to-month tenancy 30 days’ notice under NRS 40.251. Our eviction attorneys select and serve the right notice and follow it through to the lockout.
Commercial Evictions & Lease Enforcement
Commercial tenancies are governed by NRS Chapter 118C and by the lease itself, which leaves owners more room to set default and remedy terms than a residential lease allows. The Firm enforces commercial leases, pursues the eviction of defaulting commercial tenants, and litigates disputes over common area maintenance charges, personal guaranties, holdover, and assignment and subletting for owners of retail, office, and industrial property.
Lease Drafting & Negotiation
A lease is the document every later dispute is decided under. The Firm drafts residential and commercial leases that comply with NRS Chapters 118A and 118C, including the disclosure and payment requirements added in recent legislative sessions, and negotiates commercial leases on the owner’s behalf. An owner with a portfolio of units benefits most from one form that has been built to survive a contested hearing.
Abandonment, Property Disposal & Unlawful Occupants
Under NRS 118A.450, a dwelling is presumed abandoned when the tenant has been absent for at least half of a rental period with rent unpaid and no reasonable evidence of an intent to return, and NRS 118A.460 governs how the owner inventories, stores, and disposes of property left behind. Occupants who never had a lease are removed under NRS 40.412 rather than through a tenant eviction. The Firm handles each track, because choosing the wrong one invalidates the removal.
Security Deposits, Damage Claims & Collections
Summary eviction returns possession only. Unpaid rent, damage beyond normal wear, and holdover charges are recovered through a separate civil action or a formal unlawful detainer case under NRS 40.290 to 40.420, and the accounting the owner sends within 30 days under NRS 118A.242 is the foundation of that claim. The Firm defends deposit disputes, pursues damage and guaranty claims, and enforces the resulting judgments.
Defending Tenant Claims & Fair Housing Compliance
Knowing Which Notice Applies
Nevada Eviction Notices and What Each One Starts
The notice determines the timeline and the procedure that follows it, and every notice must contain the language the statute requires and be served in a manner NRS 40.280 permits. The table below outlines the notices Nevada landlords use most and what happens once each expires.
| Notice | When It Applies | What Happens After It Expires |
|---|---|---|
| Seven-judicial-day notice to pay rent or quit (NRS 40.253) | Rent is unpaid on a residential tenancy | The tenant may pay, vacate, or file an answer with the justice court; if none of those happens, the landlord files an affidavit of complaint and the court may order removal, which the constable or sheriff enforces 24 to 36 hours after posting |
| Five-day notice to cure a lease violation (NRS 40.2516) | The tenant has breached a lease term other than payment of rent, such as an unauthorized occupant or pet | If the violation is not cured, a five-day notice of unlawful detainer under NRS 40.254 follows, after which the summary eviction process proceeds |
| Three-day notice to quit for nuisance or unlawful activity (NRS 40.2514) | The tenant is committing waste, maintaining a nuisance, or using the premises for an unlawful business or drug activity | There is no right to cure; a five-day notice of unlawful detainer under NRS 40.254 follows, and the landlord may then seek a summary order for removal |
| No-cause termination notice (NRS 40.251) | The landlord is ending a month-to-month tenancy on 30 days’ notice, or a week-to-week tenancy on seven days’ notice, without alleging a default | If the tenant holds over, a five-day notice of unlawful detainer under NRS 40.254 follows; tenants who are 60 or older or have a disability may request an additional 30 days |
| Formal unlawful detainer action (NRS 40.290 to 40.420) | The owner needs a money judgment for rent or damages along with possession, or the case is not suited to the summary process | A complaint and summons are filed and served, the tenant answers, and the court holds a hearing or trial before entering judgment for possession and damages and issuing a writ of restitution |
Protecting the Property
When Nevada Landlords Should Involve Counsel
A landlord should involve an eviction lawyer before serving the notice, because the notice is where most evictions are won or lost. Nevada’s summary process is fast precisely because the paperwork carries the case: the notice must contain the language NRS 40.253 requires, identify the court, be served in one of the ways NRS 40.280 allows, and be counted in judicial days. An owner who prints a form from the internet and tapes it to the door has often started a case that will be dismissed weeks later.
Counsel also matters once the tenant answers. A tenant’s affidavit converts a paper process into a hearing, and habitability, retaliation, and deposit counterclaims are the usual defenses. Owners who have kept repair records, deposit accountings, and a clean notice history are in a strong position at that hearing; owners who have not spend the hearing explaining. The same is true when a tenant files bankruptcy, which stops the eviction under the automatic stay until the owner obtains relief from the bankruptcy court.
This page is educational and is not legal advice. NRS Chapters 40 and 118A are amended in most legislative sessions, so the notice periods and limits described here should be confirmed against the current statute before any notice is served. Hutchison & Steffen’s landlord/tenant attorneys handle evictions, lease enforcement, and the defense of tenant claims for owners across Nevada, and they are regularly asked to teach continuing legal education programs on the subject.
Common Questions
Frequently Asked Questions
How Long Does an Eviction Take in Nevada?
A residential eviction for nonpayment of rent under NRS 40.253 begins with a seven-judicial-day notice to pay or quit. If the tenant does not respond, the landlord files an affidavit of complaint and the court may issue an order for removal, which the constable or sheriff posts within 24 hours of receipt and enforces between 24 and 36 hours after posting. An uncontested nonpayment case can be completed in a matter of weeks, while a tenant’s answer, a hearing, or a request for a stay extends that timeline.
What Is Summary Eviction in Nevada?
Summary eviction is the expedited procedure in NRS 40.253 and 40.254 that lets a Nevada landlord recover possession without filing a lawsuit first. The landlord serves the required notice, and the burden shifts to the tenant to file an answer with the justice court within the notice period; if no answer is filed, the landlord submits an affidavit and the court may order removal without a hearing. Summary eviction awards possession only, so unpaid rent and damages must be pursued in a separate civil action or through a formal unlawful detainer case.
Can a Nevada Landlord Change the Locks or Shut Off Utilities to Remove a Tenant?
No. A landlord who locks out a tenant, removes doors or belongings, or interrupts an essential service without a court order commits an unlawful lockout under NRS 118A.390, and the tenant can obtain an expedited order restoring possession and recover damages. Possession is returned only by an order of the court carried out by the sheriff or constable. A property that was never rented to the occupant is the exception, and it is handled under the unlawful occupant procedure in NRS 40.412.
How Much Can a Landlord Charge for a Security Deposit in Nevada?
NRS 118A.242 limits the security a landlord may require, however it is labeled, to three months’ periodic rent, and requires the landlord to return the deposit or deliver an itemized written accounting of any deductions within 30 days after the tenancy ends. Deductions are limited to unpaid rent, cleaning, and damage beyond normal wear, and a landlord who retains a deposit in bad faith is exposed to damages. Owners who document the unit at move-in and move-out and send the accounting on time are in a far stronger position in these disputes.
Can a Landlord Evict a Tenant in Nevada Without a Reason?
For a periodic tenancy, yes. NRS 40.251 allows a landlord to end a month-to-month tenancy with 30 days’ written notice, or a week-to-week tenancy with seven days’ notice, without stating a cause, and a fixed-term lease ends on its expiration date. Tenants who are 60 or older or who have a physical or mental disability may request one additional 30-day period under that statute. A no-cause termination cannot be used to retaliate for a complaint or other protected act under NRS 118A.510.
The information on this page is educational and is not legal advice. Reading it does not create an attorney-client relationship with Hutchison & Steffen. For guidance on a specific matter, contact the Firm at 702.385.2500 in Las Vegas or 775.853.8746 in Reno.