NRS 40.240
Forcible detainer defined

  • recovery of possession following forcible detainer
  • treble damages.

1.

Every person is guilty of a forcible detainer who either:

(a)

Unlawfully holds and keeps the possession of any real property by force or threats of violence, or whether the possession was acquired peaceably or otherwise; or

(b)

Enters any real property without the authority of the owner of the property, an authorized representative of the owner or an occupant who is authorized by the owner to be in possession of the real property and who, after receiving written notice to surrender pursuant to subsection 2, fails to surrender the property.

2.

The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, after the expiration of the notice to surrender served by the owner or authorized occupant upon the person who committed the forcible detainer. The notice must:

(a)

Inform the person who committed the forcible detainer that he or she is guilty of a forcible detainer; and

(b)

Afford the person who committed the forcible detainer 4 judicial days to surrender the property.

3.

If an owner of real property or an authorized representative of the owner recovers damages for a forcible detainer, judgment may be entered for three times the amount at which the actual damages are assessed. As used in this section, “actual damages” means damages to real property and personal property.

Source: Section 40.240 — Forcible detainer defined; recovery of possession following forcible detainer; treble damages., https://www.­leg.­state.­nv.­us/NRS/NRS-040.­html#NRS040Sec240 (accessed May 26, 2025).

40.215
Definitions. 40.220
Entry to be made only when legal and in peaceable manner. 40.230
Forcible entry defined 40.240
Forcible detainer defined 40.250
Unlawful detainer: Possession after expiration of term. 40.251
Unlawful detainer: Possession of property leased for indefinite time after notice to surrender 40.252
Unlawful detainer: Contractual provisions void if contrary to specified periods of notice 40.253
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent. 40.254
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property. 40.255
Removal of person holding over after 3-day notice to surrender 40.260
Tenant of agricultural lands may hold over if not notified. 40.270
Tenant has similar remedies against subtenant. 40.280
Service of notices to surrender 40.290
Parties defendant 40.300
Contents of complaint 40.310
Issue of fact to be tried by jury if proper demand made. 40.320
Proof required of plaintiff and defendant on trial. 40.330
Amendment of complaint to conform to proof 40.340
Adjournments. 40.350
Trial not to be adjourned when plaintiff admits evidence in affidavit would be given. 40.360
Judgment 40.370
Verification of complaint and answer. 40.380
Provisions governing appeals. 40.385
Stay of execution upon appeal 40.390
Appellate court not to dismiss or quash proceedings for want of form. 40.400
Rules of practice. 40.412
Housebreaking and unlawful occupancy: When owner may retake possession and change locks 40.414
Forcible entry or forcible detainer: When owner or occupant may recover possession 40.416
Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry 40.420
Form of writ of restitution 40.425
Notice of execution on writ of restitution. 40.2512
Unlawful detainer: Possession after default in payment of rent. 40.2514
Unlawful detainer: Assignment or subletting contrary to lease 40.2516
Unlawful detainer: Possession after failure to perform conditions of lease 40.2542
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises. 40.2545
Unlawful detainer: Sealing of eviction case court file under certain circumstances

May 26, 2025

§ 40.240. Forcible detainer defined's source at nv​.us