Owner Resources · Nevada Law Changes
When Nevada Started Sealing Eviction Files, and What Owners Can Still See
By The Property Management Firm · Last updated
Since October 1, 2017, Nevada has sealed many summary eviction court files, so a screening search shows less eviction history than it once did. AB 107 (2017) created the sealing law in NRS 40.2545. AB 266 (2019), effective July 1, 2019, changed automatic sealing after a denial so the file seals ten judicial days after entry of the denial order, and added that a notice to surrender must not be made available for public inspection. AB 141 (2021), effective on approval May 27, 2021, required automatic sealing of a summary eviction granted under NRS 40.253 (default in payment of rent) during the COVID-19 emergency. It did not change the ten-judicial-day or 31-day clocks.
What Changed, and When
This page is a plain-language overview for owners. It is general information, not legal advice. Confirm the current text of NRS 40.2545, and talk with a licensed Nevada attorney about a specific screening decision or eviction case.
Primary sources: AB 107 enrolled PDF; AB 266 enrolled PDF; AB 141 enrolled PDF; NRS 40.2545; NRS 218D.330 (default effective date).
Old Rule vs New Rule
| Step | What it did | Effective |
|---|---|---|
| Before AB 107 | NRS 40.2545 did not exist yet. | Before October 1, 2017 |
| AB 107 (2017) | Created NRS 40.2545 for summary evictions under NRS 40.253 or 40.254. A file sealed automatically upon the entry of a court order which denies or dismisses the action, the same moment for both, or 31 days after the tenant filed the contest affidavit if the landlord did not file an affidavit of complaint within 30 days. The court may also seal on a written stipulation to set aside the eviction order and seal the file, or on the tenant's motion. A sealed file is deemed never to have occurred. | Actions pending or filed on or after October 1, 2017 |
| AB 266 (2019) | Revised the sealing clocks and added that a notice to surrender must not be made available for public inspection, with stated exceptions. A dismissal still seals upon entry of the order. A denial seals ten judicial days after entry of the denial order. The 31-day / 30-day affidavit rule stayed in place. | July 1, 2019 |
| AB 141 (2021) | Required automatic sealing if the court grants a summary eviction pursuant to NRS 40.253 (default in payment of rent) during the COVID-19 emergency. Extended the existing sealing rules to commercial summary evictions under NRS 40.2542. Applied to actions filed before, on, or after May 27, 2021. Did not change the ten-judicial-day or 31-day timing. | Upon approval, May 27, 2021 |
What the Law Says Today
These automatic- and court-ordered-sealing rules apply to summary eviction actions under NRS 40.253, 40.254, or 40.2542. They do not, by themselves, seal a formal unlawful-detainer action brought under NRS 40.290 to 40.420.
Under current NRS 40.2545, a summary eviction file is sealed automatically and closed to inspection:
when the court enters an order dismissing the action;
ten judicial days after the court enters an order denying the action (weekends and legal holidays do not count; the clock starts at entry of the denial order);
31 calendar days after the tenant files the contest affidavit described in NRS 40.253(3) or, for a commercial summary eviction, NRS 40.2542(3), if the landlord has not filed an affidavit of complaint within 30 calendar days after the tenant filed that affidavit; and
for a summary eviction the court granted pursuant to NRS 40.253 (default in payment of rent) during the COVID-19 emergency.
The statute defines the COVID-19 emergency as beginning on March 12, 2020, the date of the Governor's Declaration of Emergency, and ending "on the date on which the Governor terminates the emergency described in the Declaration." The official NRS text adds an editorial annotation of that termination date as May 20, 2022. The window has ended, so a summary eviction granted after that date does not get automatic sealing under subsection 1. Subsection 1 itself was not repealed; it still applies to NRS 40.253 grants that occurred during the emergency, including actions filed before AB 141 took effect on May 27, 2021.
The court may also seal a file on a written stipulation to set aside the eviction order and seal the file, or on the tenant's motion. On a motion, the court looks at whether the eviction should be set aside under Rule 60 of the Justice Court Rules of Civil Procedure, or whether sealing serves the interests of justice, including circumstances beyond the tenant's control, other extenuating circumstances, and the time since the eviction was granted.
Once a file is sealed, the proceedings in it are deemed never to have occurred. A notice to surrender may not be made available for public inspection by anyone, including a sheriff or constable. A notice filed with the court and sitting in an unsealed court file is not covered by that limit, and serving the notice is still allowed.
What It Means for Owners
Screening shows less history. Dismissed cases, denied cases (after the ten judicial days), NRS 40.253 grants from the COVID-19 emergency, and cases the court has actually ordered sealed on stipulation or motion, are not open in the public court file. An applicant whose public court record looks clean may have had a sealed case. A sealed case is treated as if it never happened. Do not use a sealed eviction, or a notice to surrender that the law keeps out of public view, as a reason to refuse an applicant. Owners can still use what remains lawfully available, such as unsealed public court records, income verification, and rental references, applied the same way to every applicant.
A granted eviction is not sealed automatically just because it happened during COVID. Only a summary eviction granted under NRS 40.253 during the COVID-19 emergency is sealed automatically under NRS 40.2545(1). A grant under NRS 40.254, or a grant after the emergency ended, stays in the public file unless the court later seals it on stipulation or motion. A tenant can ask the court to seal a granted eviction years later; the time since the order was granted is a factor the court weighs, not a right to sealing.
A stipulation can lead to sealing, but the court has to order it. The court may seal a file when the landlord and tenant file a written stipulation to set aside the eviction order and seal the file. That is discretionary, not automatic. A settlement does not seal the file by itself. Before signing a stipulation, read whether it asks the court to set aside the order and seal the file, and review that language with a licensed Nevada attorney.
Apply criteria the same way to everyone. Screening rules should be written down and applied consistently to every applicant, in line with fair-housing law.
How We Handle This at The Property Management Firm
We screen every applicant for a home we manage against the same written criteria, and we do not rely on sealed records or on notices to surrender that the law keeps out of public view. When an eviction case settles, we review the proposed terms with you before anything is signed and recommend a licensed Nevada attorney for the legal side.
Frequently Asked Questions
When did Nevada start sealing eviction court files?
AB 107 (2017) created NRS 40.2545 for summary eviction actions pending or filed on or after October 1, 2017. AB 266 (2019) and AB 141 (2021) later expanded it.
Which eviction files are sealed automatically?
A summary eviction file seals automatically when the court dismisses the action; ten judicial days after the court enters an order denying the action (weekends and legal holidays do not count; the clock starts at entry of the denial order); or 31 calendar days after the tenant files the contest affidavit described in NRS 40.253(3) or, for a commercial summary eviction, NRS 40.2542(3), if the landlord has not filed an affidavit of complaint within 30 calendar days after the tenant filed that affidavit. A summary eviction granted pursuant to NRS 40.253 (default in payment of rent) during the COVID-19 emergency is also sealed automatically (NRS 40.2545).
Can a granted eviction be sealed later?
Yes. The court may seal a file on a written stipulation by the landlord and tenant, or on the tenant's motion under Rule 60 of the Justice Court Rules of Civil Procedure or in the interests of justice after weighing the factors listed in NRS 40.2545(3).
What does a sealed eviction file mean for the record?
Under NRS 40.2545(4), the proceedings in a sealed eviction file are deemed never to have occurred.
Is a notice to surrender a public record in Nevada?
No, with limits. Since AB 266 (2019), a notice to surrender must not be made available for public inspection, including by a sheriff or constable. A notice filed with the court stays in an unsealed court file, and service of the notice is still allowed (NRS 40.2545(5)).
Does this page give legal advice?
No. It is general information about the enrolled bills and current NRS text. Talk with a licensed Nevada attorney about a specific screening decision or eviction case.
Nevada Law Changes Series
Eviction-record sealing (this page)
Related Reading
General information, not legal advice. Verify against leg.state.nv.us before relying on this summary. A licensed Nevada attorney should review anything with real exposure for a specific property, screening decision, or eviction case.
The Property Management Firm · NV Broker Lic. B.1003288.CORP
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