Step 1: Choose The Correct Eviction Notice(s)
Step 2: Serve The Eviction Notice
Step 3: If Necessary, File A Complaint And An Order To Show Cause Or Notice Of Trial Setting With The Appropriate Court
Step 4: Serve The Summons, Complaint and Order to Show Cause or Notice Of Trial Setting
Step 5: Attend A Hearing/Trial
Step 6: Make Arrangements With The Constable To Remove The Tenant

Step 1: Choose The Correct Eviction Notice(s)

Formal eviction actions are initiated by sending the tenant a notice. The type of notice(s) that are served depends on the grounds upon which the landlord is seeking to evict his tenant. For instance, there are eviction notices for:

• Nonpayment of Rent
• Nuisance, Assignment/subletting, or unlawful business
• Lease Violation
• “No cause”
• Tenancy-at-Will
• Notice to Quit Following Foreclosure or Sale

PLEASE NOTE, if you are seeking to evict the tenant of a “mobile home lot,” (link to glossary of terms) there are different notices that apply. See Mobile Home Park Evictions for an explanation

Step 2: Serve The Eviction Notice

All eviction notices must be served in one of the three following ways:

1. Serving the tenant personally, in the presence of a witness;
2. If the tenant is not at the rental premises, leaving a copy with a person of suitable age and discretion” (at least 14 years old) in which case a copy must also be mailed to the tenant; or
3. If the tenant’s place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, you can post a copy of the notice on a conspicuous place at the rental unit and mail a copy to the tenant. NRS 40.280(1)

NOTE: If you are seeking to evict based upon the foreclosure or sale of a residential property, there are unique notice requirements that are addressed here.

Step 3: If Necessary, File A Complaint And An Order To Show Cause Or Notice Of Trial Setting With The Appropriate Court

If the tenant complied with the notice (ie by paying rent, remedying the lease violation, moving, etc.), the landlord may have no further need to proceed with the eviction. If the tenant did not comply with the notice the landlord should:

Step 3.1: Determine the appropriate court in which to file his or her complaint and related documents as follows:

• If the landlord is seeking money damages of $10,000 or less, file in Justice Court.
• If the landlord is seeking money damages in excess of $10,000, file in District Court

Step 3.2: File a complaint and have the clerk issue a summons. The landlord should also file documents to schedule either a hearing, a trial or both.

• If the landlord simply wishes to schedule a trial, filing a Notice of Trial Setting will be sufficient.
• If the landlord wishes to remove the tenant before a trial, the landlord can file an Application for an Order to Show Cause and submit an Order to Show Cause to schedule a hearing to request the court to issue a Temporary Writ of Restitution. The Order to Show Cause may be used to schedule both a hearing and a trial.  

Step 4: Serve The Summons, Complaint and Order to Show Cause or Notice Of Trial Setting

The landlord must then have any person who is not a party to the action and who is over 18 years of age serve the tenant with a copy of the summons, complaint and either the order to show cause or notice of trial setting. The tenant must be served personally or by leaving copies at the defendant’s home with some person of suitable age and discretion who lives there. See JCRCP 4(a) and (d)(6).

If the Landlord has been unsuccessful in serving the complaint, he or she may file an Affidavit of Due Diligence (link to form) describing his attempts to serve the defendant and may file an Application for Service by Publication (link to form) requesting that the court allow the tenant to be served by publication. JCRCP 4(e)(1)(iii). Select the link for more information on Serving a Complaint.

Step 5: Attend A Hearing/Trial

Depending on what you filed, you will have scheduled an order to show cause hearing in order to request that the court issue a Temporary Writ of Restitution and/or a trial to request the court to issue a Permanent Writ of Restitution and Judgment. See What to Expect at an Eviction Hearing for information on how the court will evaluate your case.

Step 6: Make Arrangements With The Constable To Remove The Tenant

Assuming that you were granted either a Temporary or Permanent Writ of Restitution, you will need to arrange to have the constable in your township execute the writ.