Nevada Eviction Notice

A Nevada eviction notice is a legal document utilized by landlords to inform tenants of violations of their lease agreements, such as non-payment of rent or other lease term violations. This notice serves as the first step in the eviction process, providing tenants with the necessary time to address the lease breach or vacate the property.

Nevada Eviction Notice

Nevada Eviction Notice

Types of Nevada Eviction Notice Forms

In Nevada, landlords must use specific types of eviction notices based on the reason for eviction. The main types include:

  1. 4-Day Notice to Quit:

    For non-payment of rent in tenancies of 45 days or less where rent is paid daily or weekly. The tenant must pay all past due rent or vacate within four judicial days.

  2. 7-Day Notice to Quit:

    For non-payment of rent in tenancies of fewer than 45 days where rent is paid weekly or more frequently. The tenant must pay all past due rent or vacate within seven judicial days.

  3. 5-Day Notice to Comply or Vacate:

    For curable lease violations, such as health and safety issues or interference with neighbors. The tenant must correct the violation or vacate within five judicial days.

  4. 3-Day Notice to Vacate:

    For incurable lease violations, such as illegal activity or substantial property damage. The tenant must vacate within three judicial days.

  5. 5-Day Notice to Vacate:

    For summary process eviction when the tenant has already received a proper eviction notice but has not vacated. The tenant must vacate within five judicial days.

  6. 30-Day Notice to Vacate:

    For terminating month-to-month or year-to-year leases, expired leases, or situations with no written lease. The tenant must vacate within thirty calendar days.

How to Write an Eviction Notice in Nevada

To ensure legal compliance, an eviction notice must include the following elements:

  1. Tenant’s full name and address.
  2. Specific lease violation and any balance due.
  3. Date of termination.
  4. Landlord’s printed name, signature, and address of record.
  5. Date and method of notice delivery, along with printed name and signature.

How to Calculate Expiration Date in Nevada

The notice period begins the day after the notice is delivered. If the last day falls on a weekend or legal holiday, the period extends to the next judicial day.

How to Serve an Eviction Notice in Nevada

In Nevada, eviction notices must be served by a sheriff, constable, licensed process server, or attorney’s agent. Acceptable methods of delivery include:

  1. Hand delivery to the tenant.
  2. Hand delivery to a suitable person on behalf of the tenant, plus overnight mail.
  3. Posting at a conspicuous location on the premises, plus overnight mail.

Mailed notices extend the notice period by three calendar days.

Nevada Eviction Process

The eviction process in Nevada involves several steps:

  1. Serve Notice: Landlords must serve the appropriate eviction notice based on the grounds for eviction.

  2. Wait for Tenant’s Response: After the notice period, if the tenant does not comply, the landlord can proceed with filing a complaint.

  3. File a Complaint: If the tenant does not respond, the landlord can file a complaint with the local court, including all relevant documents and evidence of notice delivery.

  4. Attend Hearing: If the tenant contests the eviction, a hearing will be scheduled where both parties can present their case. If the court rules in favor of the landlord, an eviction order will be issued.

  5. Execute Eviction: If the tenant still does not vacate, the landlord may arrange for the constable to enforce the eviction order.

  • Nevada Revised Statutes (NRS) Chapter 118A: Governs landlord and tenant laws.
  • NRS §§ 40.215 – 40.425: Specific laws regarding the eviction process.
  • NRS § 40.2512: Notice for non-payment of rent (7 days).
  • NRS § 40.2516: Notice of non-compliance with lease terms (5 days).
  • NRS § 40.2514: Notice for unlawful business, nuisance, or waste (3 days).
  • NRS § 40.280: Service of notice requirements.
  • NRS § 118A.390: Prohibition of self-help evictions.

Statutes

  • Nev. Rev. Stat. § 118.175 – Liability of tenant
  • Nev. Rev. Stat. § 118A.200 – Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful
  • Nev. Rev. Stat. § 118A.242 – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
  • Nev. Rev. Stat. § 118A.242(8) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
  • Nev. Rev. Stat. § 118A.242(4)(5) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
  • Nev. Rev. Stat. § 118A.300 – Advance notice of increase of rent
  • Nev. Rev. Stat. § 118A.325 – Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right
  • Nev. Rev. Stat. § 118A.345 – Right of tenant or cotenant to terminate lease due to domestic violence, harassment, sexual assault or stalking
  • Nev. Rev. Stat. § 118A.355 – Failure of landlord to maintain dwelling unit in habitable condition
  • Nev. Rev. Stat. § 118A.330 – Landlord’s access to dwelling unit
  • Nev. Rev. Stat. § 118A.390 – Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief
  • Nev. Rev. Stat. § 118A.510 – Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions
  • Nev. Rev. Stat. § 202.470 – Maintaining or permitting nuisance: Penalty
  • Nev. Rev. Stat. § 40.251 – Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession
  • Nev. Rev. Stat. § 40.2512 – Unlawful detainer: Possession after default in payment of rent; exception
  • Nev. Rev. Stat. § 40.2514 – Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws
  • Nev. Rev. Stat. § 40.2516 – Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer

FAQs

In Nevada, there are several types of eviction notices, including the 4-Day Notice to Quit for nonpayment of rent (for tenancies of 45 days or less), the 7-Day Notice to Quit for nonpayment of rent, the 5-Day Notice to Comply or Vacate for curable lease violations, the 3-Day Notice to Vacate for incurable violations, the 5-Day Notice to Vacate for summary process evictions, and the 30-Day Notice to Vacate for terminating month-to-month tenancies.

A tenant has 5 days to respond to a 5-Day Notice to Quit in Nevada. This notice can be issued for non-compliance with the lease terms, giving the tenant 3 days to correct the violation before they must vacate the property.

In Nevada, an eviction notice must be served by a sheriff, constable, licensed process server, or an attorney’s agent. The notice can be delivered through hand delivery, to a suitable person at the tenant’s residence, or by posting it on the premises and sending it via overnight mail.

If a tenant does not comply with an eviction notice in Nevada, the landlord can file a complaint with the local court to initiate an eviction lawsuit. The tenant will then have the opportunity to respond, and a hearing will be scheduled where both parties can present their case.

Yes, a landlord can evict a tenant without cause in Nevada by providing a 30-Day Notice to Vacate. This applies to month-to-month tenancies, but if the landlord continues to accept rent during this notice period, the eviction notice may be considered null and void.

Legal grounds for eviction in Nevada include nonpayment of rent, lease violations, illegal activities on the property, and termination of a periodic tenancy. Each reason requires a specific type of eviction notice with designated notice periods.

The expiration date for an eviction notice in Nevada is calculated starting the day after the notice is delivered. If the last day falls on a weekend or legal holiday, the notice period extends to the next judicial day when the court is open.

A Nevada eviction notice should include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, the landlord’s printed name and signature, and the date and method of delivery of the notice.