How to Evict a Roommate in Nevada (and Other Household Situations)
What Nevada law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Under Nevada's landlord-tenant law, a tenant is a person entitled under a rental agreement to occupy a unit, and a rental agreement can be oral or written. A roommate who has their own oral or written agreement with the landlord can be a tenant (a 'cotenant' is a tenant entitled under a rental agreement to occupy a dwelling another tenant is also entitled to occupy). An occupant with no agreement with the landlord is not the landlord's tenant. NRS 118A.160, 118A.170, 118A.345(12)(b)
| Roommate not on the lease | Under Nevada's landlord-tenant law, a tenant is a person entitled under a rental agreement to occupy a unit, and a rental agreement can be oral or written. A roommate who has their own oral or written agreement with the landlord can be a tenant (a 'cotenant' is a tenant entitled under a rental agreement to occupy a dwelling another tenant is also entitled to occupy). An occupant with no agreement with the landlord is not the landlord's tenant. |
|---|---|
| Removing a roommate or subtenant | No roommate-specific statute. A periodic or at-will occupancy is ended with the written notices in NRS 40.251 (at least 30 days for month-to-month, 7 days for week-to-week, 5 days for a tenancy at will); if the person stays after the notice expires without consent, they are guilty of unlawful detainer and removal goes through the court. Whether a tenant (rather than the owner) can bring the case against a subtenant depends on the facts and the lease. Source: NRS 40.251(1) |
| Guests who won't leave | No statute sets when a guest becomes a tenant; tenant status depends on an oral or written rental agreement with the landlord. A person who enters without the owner's authority and does not leave after a written notice to surrender giving 4 judicial days commits forcible detainer, and the owner can seek a court order for removal by the sheriff or constable. Tenants are responsible for damage caused by persons on the premises with their consent (NRS 118A.310). |
| Renting a room in your own home (lodgers) | No separate lodger statute. Nevada's residential landlord-tenant chapter has no exclusion for renting a room in the owner's home; its exclusions cover things like short hotel/motel stays, employer-provided housing, and condominium or cooperative owners. Source: NRS 118A.180 |
| Tenancy at will | A tenant at will who stays without the landlord's consent after a written notice of at least 5 days is guilty of unlawful detainer. Nevada's statute does not separately define tenancy at will. After a residential foreclosure, a periodic tenant or tenant at will is entitled to not less than 60 days' notice (NRS 40.255(2)). Source: NRS 40.251(1)(a)(3) |
| Hotel and extended-stay guests | Nevada's residential landlord-tenant law does not cover occupancy in a hotel or motel for less than 30 consecutive days, unless the occupant clearly shows an intent to stay for a longer continuous period. A stay of 30 consecutive days or more (or a shorter stay with clear intent to stay longer) falls under the landlord-tenant chapter. Source: NRS 118A.180 |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
Templates
Nevada eviction laws · Free legal help in Nevada · Roommate rules in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.