Owner Resources · Nevada Law Changes
July 1, 2019: Nevada’s 5% Late-Fee Cap and the SB 151 Eviction Changes That Still Matter
By The Property Management Firm · Last updated
On July 1, 2019, SB 151 capped residential late fees at 5% of periodic rent and rewrote several eviction-procedure rules that owners and managers still work under today. The same bill lengthened the residential pay-or-quit clock, changed how eviction orders are posted and executed, tightened who may serve notices to surrender, and required a short window after lockout for residents to retrieve essential personal effects.
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 Chapter 118A and NRS Chapter 40, and talk with a Nevada attorney about a specific notice or case. Day-count questions (including what counts as a judicial day) should be confirmed with counsel or the Civil Law Self-Help Center.
Primary sources: SB 151 enrolled PDF; NRS 118A.125; NRS 118A.210; NRS 118A.460; NRS 40.2512; NRS 40.253; NRS 40.280; AB 1 (2020 special session).
Old Rule vs New Rule
| Topic | Before July 1, 2019 | After SB 151 (and the 2020 technical fix) |
|---|---|---|
| Late-fee amount | NRS 118A did not cap late fees at 5% of periodic rent. | Late fees are capped at 5% of periodic rent, and the maximum late fee may not be increased based on a late fee already imposed (NRS 118A.210(4); “periodic rent” defined in NRS 118A.125). |
| Pay-or-quit timing (residential) | Residential pay-or-quit ran to noon on the fifth full day after service. | For the ordinary residential notice, the resident must pay or quit before the close of business of the court on the seventh judicial day following the day of service (NRS 40.253(1)(a); Legislative Counsel’s Digest for SB 151). The statute uses judicial day, not “business day.” If the landlord does not use that notice, and rent is reserved by a period of one week or less and the tenancy has not continued for more than 45 days, NRS 40.253(1)(b) still allows a notice requiring payment or surrender at or before noon of the fourth full day following the day of service. |
| Matching NRS 40.2512 text | SB 151 changed NRS 40.253 but inadvertently omitted a matching change to NRS 40.2512. | AB 1 (2020 special session) added the missing text: five days for commercial premises, seven judicial days for other real property, ten days for a mobile home lot. That was a technical correction, not a new policy choice. |
| Lockout timing after a residential summary-eviction order under NRS 40.253 | Removal within 24 hours of the order. | For a summary eviction under NRS 40.253, the sheriff or constable must post the order in a conspicuous place on the premises not later than 24 hours after the order is received, and must remove the tenant not earlier than 24 hours and not later than 36 hours after posting (NRS 40.253(3)(b)(2), (5)(a)). NRS 40.254 uses those same summary procedures for certain other residential unlawful-detainer grounds, with a different notice period. This is not the rule for commercial summary eviction under NRS 40.2542, which still directs removal within 24 hours after receipt of the order. |
| Who may serve a notice to surrender | Broader practice before the 2019 rewrite. | Generally, a notice to surrender must be served by a sheriff, constable, a person licensed as a process server under NRS chapter 648, or an attorney’s agent under the conditions in NRS 40.280. NRS 40.280(1) carves out exceptions as otherwise provided in NRS 40.253 and 40.2542, including certain short-term tenancy service steps in NRS 40.253(2). |
| Essential belongings after lockout | No matching five-day essential-items duty in that form. | For 5 days after lockout or eviction, the landlord must give a reasonable opportunity to retrieve essential personal effects (medication, baby formula, basic clothing, personal care items), with an expedited court remedy and damages up to $2,500 (NRS 118A.460(3); NRS 40.253(9)). |
What It Means for Owners
The 5% late-fee cap is still the ceiling. Later law (AB 308, July 1, 2021) added a separate wait: in a tenancy longer than week-to-week, no late fee may be charged or imposed until at least three calendar days after rent is due. Owners should read this article together with the AB 308 piece in this series. A lease that still says “10% after the first day” is out of date on both points.
The longer pay-or-quit clock adds calendar time before a summary-eviction filing can begin. Count judicial days, not a casual “business day” paraphrase from news coverage. Contemporary articles sometimes used the wrong phrase. The enrolled digest and statute control.
Professional service of notices to surrender adds cost and process steps. Self-served notices that do not meet NRS 40.280 create avoidable defects.
For residential summary eviction under NRS 40.253, the 24-to-36-hour lockout window after posting, and the five-day essential-belongings duty, change what happens on lockout day. Plan for medication, baby formula, basic clothing, and personal-care retrieval. Separately, NRS 118A.460 still addresses storage of personal property after lockout. Do not confuse the five-day essential-items window with the longer storage rules.
Do not attribute the five-to-seven-day pay-or-quit change to AB 486 (2021). That bill was the temporary COVID mediation and stay law, covered in a later article in this series. It is not the source of the seven-judicial-day notice.
Self-help lockouts and utility shutoffs remain unlawful. A landlord may not recover possession of the dwelling unit except by a court action or summary proceeding in which the right of possession is determined, or when the tenant has surrendered or abandoned the dwelling unit (NRS 118A.390; NRS 118A.480).
How We Handle This at The Property Management Firm
On homes we manage, we coordinate required Nevada notices when a file has to be escalated and keep the owner informed. Eviction timing and cost depend on the court and the facts of the file. Late-fee language in our forms must stay inside the 5% cap and the later three-calendar-day wait. We do not change locks without a court order and proper execution.
Frequently Asked Questions
When did SB 151 take effect?
July 1, 2019 (enrolled bill Sec. 8). The 2020 AB 1 technical correction to NRS 40.2512 was effective upon passage and approval on August 2, 2020.
What is the late-fee cap under SB 151?
Five percent of periodic rent, and the maximum may not be increased based on a late fee already imposed (NRS 118A.210(4)). AB 308 later added a three-calendar-day wait before a late fee may be imposed in tenancies longer than week-to-week.
Is the pay-or-quit period measured in business days?
No. The general residential period in NRS 40.253(1)(a) is before the close of business of the court on the seventh judicial day following the day of service, not “business days.” A shorter option in NRS 40.253(1)(b) still applies to certain short-term tenancies (rent reserved by a week or less, and the tenancy has not continued for more than 45 days): at or before noon of the fourth full day following the day of service. Confirm day-count questions with counsel or the Civil Law Self-Help Center.
Who can serve a notice to surrender?
Generally, a notice to surrender must be served by a sheriff, constable, a person licensed as a process server under NRS chapter 648, or an attorney’s agent under the conditions in NRS 40.280. NRS 40.280(1) carves out exceptions as otherwise provided in NRS 40.253 and 40.2542, including certain short-term tenancy service steps in NRS 40.253(2).
What must happen with essential belongings after a lockout?
For five days after lockout or eviction, the landlord must give a reasonable opportunity to retrieve essential personal effects such as medication, baby formula, basic clothing, and personal care items, with an expedited court remedy and damages up to $2,500 (NRS 118A.460(3); NRS 40.253(9)).
Does this page give legal advice?
No. It is general information about the enrolled bill and current NRS text. Talk with a Nevada attorney about a specific notice, day count, or eviction file.
Nevada Law Changes Series
SB 151 — late fees & eviction notice (this page)
Related Reading
This is 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 or form.
The Property Management Firm · NV Broker Lic. B.1003288.CORP
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