Nevada Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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US-03315BG
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Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant's presence is now unlawful.

The tenant can file a motion to stay, discussed above, to request that the eviction be delayed (up to ten days), but any delay is at the court's discretion. If the tenant's motion to set aside is denied, the tenant can appeal the summary eviction order to the district court.

Effective July 1, 2023, SB381 amended NRS 118A. 290 to prohibit landlords from requiring tenants to pay any fee or other charge (including home warranty deductibles or copayments) to perform repairs, maintenance tasks, or other work which the landlord has a duty to perform to maintain the unit in a habitable condition.

Keep in mind that Nevada tenants can exercise their housing rights at any point of the lease, and the landlord may not send a notice of eviction or terminate the lease abruptly in retaliation.

NRS 118.175 requires the landlord to re-rent the dwelling unit after you vacate and prohibits the collection of double rent(from you and the new tenant). The landlord can charge actual damages incurred until the dwelling is re-rented.

The rent increase can be any amount because Nevada rent control laws do not limit the amount of rent landlords can charge, nor do they require any specific reason to be given for rent increases. This means any time the landlord feels that a change in the rental property market warrants increasing rent, they can do so.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Under Nevada's security deposit law, if the property is private housing, then landlords are required to charge no more than 3X the price of one month's rent for the security deposit. So, simply enough, if the monthly rent is $1,000, then as a landlord you shouldn't charge more than $3,000 as security deposit.

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Nevada Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term