Nevada Commercial Evictions: Legal Self-Help & 5-Day Fast Tracks

Nevada provides specific processes for commercial landlord rights, primarily governed by NRS Chapter 40 and NRS Chapter 118C (effective October 1, 2011). While most states force landlords through a lengthy court process to reclaim a property after a default, Nevada commercial landlords have access to two distinct tools: The 5-Day Summary Eviction (under NRS 40.2542, typically filed in local Justice Courts) and the legal Commercial Lockout (authorized by NRS 118C.200).

1. The Commercial Summary Eviction (5-Day Fast Track)

If a commercial tenant fails to pay rent, the landlord can utilize the Summary Eviction process, which is significantly faster than a traditional civil lawsuit.

• The landlord serves a Five-Day Notice to Pay Rent or Quit (NRS 40.2512(1)(a) and NRS 40.2542(1)(a)).
• The tenant has until noon of the fifth full day following the day of service to pay the rent in full or move out.
• If the tenant does neither, the landlord immediately files for a summary eviction order with the Justice Court (NRS 40.2542). If the tenant fails to file a legal objection/answer, the judge will issue a summary eviction order, and the constable or sheriff will execute the lockout, typically within 24 hours of receiving the order.

If the tenant breaches the lease in a way other than failing to pay rent, the landlord must follow the procedures for failure to perform conditions of the lease under NRS 40.2516.

2. Commercial Lockouts (Authorized by Statute)

In almost every state, a landlord changing the locks on a tenant without a court order is illegal. Nevada has specific rules for commercial properties under NRS 118C.200.

Under Nevada law, a landlord may change the door locks of a commercial tenant for nonpayment of rent provided they follow strict statutory notice requirements. While a lease agreement supersedes these provisions to the extent of any conflict—meaning a lease can modify or restrict this right—the right to lockout for delinquency exists by statute even if the lease is silent, unless the lease explicitly prohibits it.

Strict Lockout Rules

The lockout remedy must be executed in strict compliance with NRS 118C.200. When a landlord changes the locks under this provision, they must:

1. Provide Pre-Lockout Notice: The landlord must provide the tenant with written notice of the delinquency and the intent to change the door locks by certified mail, return receipt requested, at least 3 days before changing the door locks.
2. Post a Written Notice: Upon changing the locks, the landlord must place a written notice on the front door of the commercial premises.
3. Provide Contact Info: The notice must explicitly state the name, and the address or telephone number of the person or company from which the new key may be obtained.
4. During Business Hours: The landlord is only required to provide the new key during the tenant's regular business hours.
5. Conditional Upon Payment: The new key must be provided only if the tenant pays the delinquent rent in full.

The Danger of Doing it Wrong

If a landlord executes a lockout for a reason other than unpaid rent, or fails to provide the 3-day pre-lockout notice or post the required notice on the door, the lockout is illegal. The tenant may recover possession of the commercial premises or terminate the lease. Additionally, the tenant can recover from the landlord an amount equal to the sum of the tenant's actual damages, 1 month's rent or $500 (whichever is greater), reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable.

How Landager Helps

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