Illegal Lockouts And Service Termination
For tenants, find out what you can do if your landlord has locked you out without going through the eviction process or has terminated your utilities or essential services. For landlords, learn what penalties you could face if you try a self-help shortcut to remove your tenant.
Basics:
A landlord cannot use "self-help evictions" - meaning, they cannot make a tenant's living situation unbearable to force the tenant off of the property. Landlords cannot intentionally stop an essential service (like electricity, gas, water, heat, A/C), block access, or change the locks without court involvement. (NRS 118A.390.) A tenant can file a complaint and get an expedited hearing with the judge if any of these things happen.
- When can a tenant file a complaint? Within 5 judicial days after the landlord's unlawful act. "Judicial days" do not include the day of the unlawful act, Fridays, Saturdays, Sundays, or legal holidays. If a tenant misses that deadline, the tenant still has the right to pursue other available remedies (such as a small claims or civil action).
- What if there is already an eviction case filed? In Las Vegas township, the tenant may file the complaint. In all other townships, the tenant may file a motion into the existing eviction case.
- When will the hearing be? The hearing is set within 3 judicial days of filing.
To file for an expedited hearing due to an illegal lockout or service termination, follow these steps:
1. Fill out the forms. There are 1 or two forms you have to fill out. 
2. File the forms. File at your local Justice Court. 
3. Serve the forms. Arrange to have the forms served to your landlord. 
4. Attend the hearing.
1. Fill out the Forms
If there is NO eviction case filed yet, fill out the complaint form below:
Henderson | All Other Jurisdictions
Fill out the cover sheet below for all jurisdictions EXCEPT Las Vegas. Skip this form if filing in Las Vegas.
Cover Sheet
If there IS an eviction case filed already, fill out the form below:
Las Vegas | All Other Jurisdictions
2. File the Forms
There is no filing fee. However, the judge can require the losing party to pay the court costs and fees once the case is decided. (except the judge can reduce or waive the fees as appropriate). You can file the form in one of these ways:
- Las Vegas Justice Court:
Online: You can file through the court's e-filing system, eFileNV. There is a fee of $3.50 to upload your documents. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your document.
In Person: Regional Justice Center, 1st floor, 200 Lewis Avenue, in Downtown Las Vegas. Mon - Thurs, 7am - 5pm, excluding holidays.
- Other Justice Courts: Visit our Justice Courts page for links and information on options to file.
3. Serve the Forms
Because the hearing will be set so quickly (3 days), you will need to arrange to have the filed documents personally served to the landlord as soon as you receive your hearing date. Do not delay or your hearing can be cancelled!
The Constable or Sheriff can serve the forms. If they are unable to serve the landlord with your documents quickly enough, you can hire a private process server or have someone you know (18 or older) serve the documents.
Who should be served? The documents can be served to:
- The property owner; or
- A person authorized to manage the rental property; or
- A person within the state who the landlord has authorized to act for the landlord for the purpose of receiving service of process, notices, and demands; or
- The principal or corporate owner of the property.
The landlord should have disclosed the identity of these people to you in writing when your tenancy started. If your landlord did not disclose any of these people to you, you can serve your documents on any person who signed your lease agreement on the landlord's behalf. (NRS 118A.260(3).)
The person who serves the documents must complete an Affidavit of Service form with the details of what was served, to whom, and when. File this with the court as soon as possible or bring it with you to your hearing.
4. Attend the Hearing
Make sure to arrive at the courthouse early so you can find parking, get through security, and find the courtroom. At the hearing, the judge can:
- Order the landlord to give the tenant access to the rental property, restore essential services, or both. (NRS 118A.390(6)(a).)
- Award the tenant a money judgment that might include "actual damages" (meaning money the tenant was forced to spend because of the landlord's illegal act) and up to $2,500 in "statutory damages" (money to punish the landlord for doing a bad thing, especially if the landlord acted in bad faith and caused significant harm). (NRS 118A.390(1)-(2), (6).)
- The court can also "enjoin" (order or command) the landlord from violating Nevada law in the future and hold the landlord in contempt of court. (NRS 118A.390(6)(c).)
FYI! If you're interested in local community resources for tenants – including building & health code enforcement, low-income and subsidized housing, rent and utility assistance, and shelter and transitional housing – click to visit Housing Resources.
