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

NEVADA LANDLORD'S AFFIDAVIT/COMPLAINT FOR SUMMARY EVICTION

Las Vegas Justice Court: Local Rule 6.2(f)(3) requires the court-approved complaint form available through the Civil Law Self Help Center. Use that form for a case in that court; this complaint is for Nevada courts that accept it.

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
(Select one supported route: ☐ Nonpayment under NRS 40.253 ☐ Other ground under NRS 40.254.)

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) ☐ recreational vehicle ☐ guest house, located at:

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

The Premises are located within [TOWNSHIP] Township, [COUNTY] County, Nevada. The court identified above has jurisdiction under [NRS 40.253(5)(a) or 40.254(1), AS APPLICABLE] because [FACTS SUPPORTING THIS COURT'S JURISDICTION].

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 Cleaning, security, and rent deposits paid in advance beyond the first month's rent: $[_______]. State the amount actually received; NRS 118A.242(1) limits the combined security deposit, surety bond, and last month's rent.

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 amounts stated in the Seven-Day Notice to Pay Rent or Quit were:

The Nevada Judiciary's NRS 40.253 notice form lists current rent, past-due rent, and late fees separately and totals the rent plus late fees. Reconcile each amount here with the served notice; identify any other charge separately and establish its legal basis before seeking it.

Date payments became delinquent: [__/__/____] Time in possession without paying rent: [PERIOD] Rent claimed due and delinquent: $[____].

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 five-day perform-or-surrender notice, specifically: [DESCRIBE]. The notice was served on [DATE] and received on [DATE]. Both applicable five-day periods have expired; the tenant neither adequately remedied nor used best efforts to remedy the breach under NRS 118A.430(1), and any landlord-entry cure under subsection (2) was evaluated: [FACTS].

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

☐ The Tenant has committed or permitted on the Premises: [☐ waste ☐ qualifying nuisance ☐ unlawful business ☐ assignment/sublet contrary to the lease ☐ violation of a specific controlled-substance provision listed in NRS 40.2514(5)]. The prior surrender notice identified the specific statutory ground and supporting facts.

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

☐ A No-Cause Notice to Quit was served on [DATE] and expired on [DATE] under NRS § 40.251. The tenancy is ☐ week-to-week (at least 7 days' notice) ☐ another periodic tenancy (at least 30 days' notice). The notice stated the statutory extension rights. Any request for an age/disability or government-shutdown extension was [NONE / DESCRIBE REQUEST AND DISPOSITION]; the age/disability extension does not apply to a week-to-week tenancy.

E. Holdover After Expiration of Fixed Term — NRS § 40.250; Summary Procedure Under § 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 ☐ residence/business substitute service plus mailing ☐ statutory posting fallback, resident-copy step if possible, plus mailing to the leased property] effectuated by a [☐ sheriff ☐ constable ☐ licensed process server ☐ qualifying agent of Nevada-licensed attorney]. (Proof of Service attached as Exhibit B.)

6.2 The notice complied with the applicable requirements of NRS § 40.253, § 40.254, § 40.2514, § 40.2516, or § 40.251 (select the route used), including the required disclosures and opportunity to contest.

6.3 The applicable notice period expired on [__/__/____] at [COURT CLOSING TIME, IF JUDICIAL-DAY DEADLINE]. Calculation and any separate cure/receipt clock: [DETAILS].

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 Payments or other consideration received after service of the notice, if any, and how applied: [NONE / ITEMIZED FACTS].

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

This eviction is not in retaliation for:

☐ A good-faith complaint to the responsible agency about an applicable building, housing, or health code violation affecting health or safety;
☐ A good-faith complaint to the landlord about a violation of NRS Chapter 118A or a specific criminal-penalty statute;
☐ Tenant's organization of, or membership in, a tenant union or similar organization;
☐ Tenant's participation in a judicial or administrative proceeding or arbitration raising habitability compliance under NRS 118A.510(1)(e);
☐ Tenant's status as a victim of domestic violence, sexual assault, harassment, or stalking;
☐ Qualifying federal, tribal, or state worker or household status during a government shutdown with rent paid during the statutory period, subject to NRS 118A.315, under NRS 118A.510(1)(i).

This eviction is also not based on any tenant's race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex, as listed in NRS 118.100.

9. CARES Act / Federally Subsidized Property Certification

The Premises are:

☐ Not a covered dwelling under 15 U.S.C. § 9058(a), after checking the property's program participation and mortgage status; 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:

☐ No additional federal program or subsidy rule governing this eviction was identified after checking [PROGRAM AND PROPERTY RECORDS]; OR

☐ The property is subject to [IDENTIFIED PROGRAM AND REQUIREMENT], and compliance is shown by [SPECIFIC NOTICE AND DOCUMENTS].

10. Prayer for Relief

WHEREFORE, the Landlord respectfully requests that this Court:

1. Issue an order for summary eviction or nonadmittance under [NRS 40.253 / NRS 40.254, AS APPLICABLE], directing the sheriff or constable of [COUNTY] County to post and execute the order as the statute provides;
2. Grant other relief concerning possession that the Court finds authorized on the stated facts: [SPECIFY OR LEAVE BLANK].

This complaint seeks possession only. A claim for unpaid rent, fees, or other money, if pursued, requires its own applicable pleading and service basis.

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://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec253
• Las Vegas Justice Court Local Rule 6.2: https://www.leg.state.nv.us/courtrules/jcr_lv.html
• 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
• Office of the Law Revision Counsel, 15 U.S.C. § 9058: https://uscode.house.gov/us/usc/119-118/t15/s9058/