Nevada Landlord's Affidavit/Complaint for Summary Eviction (Justice Court)

NEVADA LANDLORD'S AFFIDAVIT/COMPLAINT FOR SUMMARY EVICTION

Table of Contents

1. Caption
2. Verified Affidavit/Complaint
3. Parties
4. Premises and Tenancy
5. Basis for Summary Eviction
6. Service of Notice and Compliance
7. Tenant's Failure to Comply or Vacate
8. Anti-Retaliation Certification
9. CARES Act / Federally Subsidized Property Certification
10. Prayer for Relief
11. Verification
12. Exhibits
13. Sources and References

1. Caption

LANDLORD'S AFFIDAVIT/COMPLAINT FOR SUMMARY EVICTION
(NRS § 40.253 — ☐ Nonpayment of Rent (NRS § 40.253(1)(a)) ☐ Other than Nonpayment (NRS § 40.254) ☐ No-Cause (NRS § 40.251) ☐ Nuisance (NRS § 40.2514))

2. Verified Affidavit/Complaint

I, [LANDLORD/AGENT NAME], being first duly sworn upon oath, depose and state as follows:

The matters set forth herein are true and correct of my own personal knowledge or based on records kept in the ordinary course of business of which I am the custodian. If called as a witness I would competently testify thereto.

3. Parties

3.1 I am the ☐ Landlord ☐ Authorized agent of the Landlord of the premises described below. My capacity is: ☐ owner ☐ property manager ☐ trustee ☐ corporate officer ☐ partner. The Landlord's name and mailing address are:

3.2 The Tenant(s)/Defendant(s) and all known occupants are:

4. Premises and Tenancy

4.1 The premises consist of a ☐ single-family residence ☐ apartment ☐ condominium ☐ mobile home (NOT a mobile home lot — see NRS Ch. 118B) ☐ recreational vehicle ☐ guest house, located at:

[STREET ADDRESS], Unit [____], [CITY], Nevada [ZIP] ("the Premises").

The Premises are located within [TOWNSHIP] Township, [COUNTY] County, Nevada. Venue is proper under NRS § 40.253 in this Justice Court.

4.2 Tenancy was established by ☐ written ☐ oral rental agreement entered into on [__/__/____]. (Written agreement attached as Exhibit A.)

4.3 The tenancy is:

☐ Month-to-month / periodic;
☐ Fixed-term ending [__/__/____];
☐ Holdover after expiration of fixed term;
☐ Week-to-week.

4.4 Periodic rent is $[_______] per ☐ month ☐ week, due on the [____] day of each rental period.

4.5 Security deposit held: $[_______] (within the 3-month maximum under NRS § 118A.242).

4.6 Tenancy commenced on [__/__/____].

5. Basis for Summary Eviction

Select ALL that apply:

A. Nonpayment of Rent — NRS § 40.253(1)(a)

☐ The Tenant is in default in payment of rent. The total rent due and delinquent at the time of service of the Seven-Day Notice to Pay Rent or Quit was:

The amount stated above is rent only and does not include late fees, attorney's fees, utility charges, NSF fees, or damages. See Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212 (2007).

B. Lease Violation (Curable) — NRS § 40.2516

☐ The Tenant has failed to perform a condition or covenant of the rental agreement after service of a 5-Day Notice to Cure or Quit, specifically: [DESCRIBE _________________________________].

C. Nuisance, Waste, Unlawful Use, or Controlled Substance Violation — NRS § 40.2514

☐ The Tenant has committed or permitted on the Premises: [☐ waste ☐ nuisance ☐ unlawful business ☐ unauthorized assignment/sublet ☐ violation of NRS Ch. 453 controlled-substance laws]. Notice was non-curable under NRS § 40.2514.

D. No-Cause Termination of Periodic Tenancy — NRS § 40.251

☐ A 30-Day No-Cause Notice to Quit was served and the tenancy was terminated in accordance with NRS § 40.251. No tenant request for an elderly/disability extension was granted.

E. Holdover After Expiration of Fixed Term — NRS § 40.254

☐ The fixed-term lease expired on [__/__/____] and tenant remains in possession.

6. Service of Notice and Compliance

6.1 The required statutory notice was served on Tenant on [__/__/____] at approximately [__:__] ☐ AM ☐ PM by [☐ personal service ☐ substituted service plus mailing ☐ posting plus certified mailing] effectuated by a [☐ sheriff ☐ constable ☐ licensed process server ☐ authorized agent of Nevada-licensed attorney]. (Proof of Service attached as Exhibit B.)

6.2 The notice fully complied with NRS § 40.253, NRS § 40.2514, NRS § 40.2516, or NRS § 40.251 (whichever applies), including all required statutory disclosures (right to contest, elderly/disability extension, etc.).

6.3 The notice period expired on [__/__/____] (computed by excluding the date of service, Saturdays, Sundays, and judicial holidays observed by the Nevada Justice Courts, where judicial-day computation applies).

7. Tenant's Failure to Comply or Vacate

7.1 As of the date of this Affidavit, Tenant has failed to:

☐ Pay the rent demanded;
☐ Cure the lease violation specified;
☐ Surrender possession of the Premises.

7.2 Tenant remains in unlawful possession of the Premises in violation of Nevada law, constituting unlawful detainer under [☐ NRS § 40.2512 ☐ NRS § 40.2514 ☐ NRS § 40.2516 ☐ NRS § 40.251].

7.3 Landlord has not accepted any rent or other consideration after service of the Notice that would constitute waiver of forfeiture.

8. Anti-Retaliation Certification (NRS § 118A.510)

This eviction is not in retaliation for:

☐ Any complaint by Tenant to a governmental agency about a building, housing, health, or safety code violation;
☐ Any complaint by Tenant to the Landlord concerning habitability;
☐ Tenant's organization of, or membership in, a tenant union or similar organization;
☐ Tenant's institution of or participation in any judicial or administrative proceeding;
☐ Tenant's status as a victim of domestic violence, sexual assault, harassment, or stalking;
☐ Tenant's status as a federal, tribal, or state worker during a government shutdown.

This eviction is also not based on any class protected under NRS § 118.100 (including source-of-income protections enacted by AB 308 (2019)) or 42 U.S.C. § 3601 et seq.

9. CARES Act / Federally Subsidized Property Certification

The Premises are:

☐ NOT a "covered dwelling" under the federal CARES Act (15 U.S.C. § 9058) or any successor program, and NOT subject to a federally-backed mortgage loan as defined therein; OR

☐ A covered dwelling, and the Landlord has provided the federally-required 30-day notice to vacate under 15 U.S.C. § 9058(c). (Copy attached as Exhibit C.)

The Premises are:

☐ NOT federally-subsidized housing under HUD, LIHTC, USDA Rural Development, or any other federal "good cause" eviction regime; OR

☐ Federally subsidized, and the Landlord has complied with all applicable federal "good cause" notice and procedural requirements.

10. Prayer for Relief

WHEREFORE, the Landlord respectfully requests that this Court:

1. Issue an Order for Summary Eviction under NRS § 40.253 directing the Sheriff or Constable of [COUNTY] County to remove the Tenant and all other occupants from the Premises not earlier than 24 hours and not later than 36 hours after the Order is posted on the Premises;
2. Award the Landlord a judgment for unpaid rent in the amount of $[__________] (if pleaded — note: in summary eviction, money judgment is generally available only for rent claimed in the notice and only if Tenant has been served with a separate complaint and given an opportunity to respond);
3. Award the Landlord costs of suit and reasonable attorney's fees as permitted by the rental agreement and/or NRS § 69.030;
4. Grant such other and further relief as the Court deems just and proper.

11. Verification

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], Nevada.

Signature: ____________________________________
Print Name: [LANDLORD/AGENT NAME]
Title/Capacity: [____________________]

12. Exhibits

13. Sources and References

• NRS Chapter 40 (Property Actions): https://www.leg.state.nv.us/nrs/nrs-040.html
• NRS Chapter 118A (Landlord-Tenant: Dwellings): https://www.leg.state.nv.us/nrs/nrs-118a.html
• NRS § 40.253: https://nevada.public.law/statutes/nrs_40.253
• NRS § 40.2545 (eviction record sealing): https://nevada.public.law/statutes/nrs_40.2545
• Justice Court Rules of Civil Procedure: https://nvcourts.gov/rules/jcrcp
• Las Vegas Justice Court Eviction Forms: https://www.clarkcountycourts.us
• Eviction Process — Clark County Constable: https://www.clarkcountynv.gov/government/departments/constable/constable_las_vegas_township/services/eviction-process
• Civil Law Self-Help Center, Summary Eviction: https://www.civillawselfhelpcenter.org/self-help/evictions-housing
• Nevada Lawyer (Dec. 2023), CLE Summary Eviction: https://nvbar.org/wp-content/uploads/NevadaLawyer_Dec2023_CLE-Summary-Eviction.pdf
• Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212, 163 P.3d 405 (2007) (strict construction)
• 15 U.S.C. § 9058 (CARES Act eviction protections — extant for covered dwellings)