In most cases, the landlord can choose whether to file a summary or formal eviction action. However, there are circumstances under which summary eviction cannot be used. For instance, summary eviction is not available for:

• Evictions following the foreclosure of sale of a rental property (See NRS 40.255)
• Eviction of commercial tenants for other than nonpayment of rent (See NRS 40.254)
• Eviction of a tenant of a mobile home park from the park (See NRS 40.253(10) and NRS Chapter 118B)

 The benefits of summary eviction are:

1. It is easy to file on your own without the assistance of an attorney; and
2. You are likely to get the tenant out of your property more quickly than with the formal eviction process.

The drawbacks to summary eviction are:

1. You cannot get a money judgment as part of your action (but you can sue in a separate action);
2. If there is a genuine dispute over material facts, the court must dismiss the action (although you can re-file a formal eviction action); and
3. The tenant may be able to file an appeal (and remain in the unit until the appeal is heard) by posting a bond with the court that may be cheaper than that required in the formal eviction process.