A Nevada 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for unlawful conduct, such as violating controlled substance laws. The tenant is not given an opportunity to take corrective action, and must move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a Nevada 3 Day Notice To Vacate
A Nevada 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
Causing substantial property damage
Creating a nuisance
Conducting an unlawful business on the premises
Violation of laws relating to controlled substances
Assignment (lease transfer) of the premises contrary to the covenants of the lease
Some types of Nevada lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Nevada 3 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis for terminating the tenancy, and indicate whether there is a request to pause eviction due to foreclosure
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Nevada 3 Day Notice To Vacate
Nevada landlords may have a sheriff, constable, licensed process server, or agent for an attorney deliver a Notice To Vacate using any of these methods:
Hand delivery to the other party
Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party, PLUS delivery by overnight mail
Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by overnight mail
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
NRS 40.2514Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant:
1. Assigns or sublets the leased premises contrary to the covenants of the lease;
2. Commits or permits waste thereon;
3. Sets up or carries on therein or thereon any unlawful business;
4. Suffers, permits or maintains on or about the premises any nuisance that consists of conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures; or
All eviction notices must be “served” (delivered to the tenant) by a constable, sheriff, licensed process server, or agent of an attorney licensed in Nevada, in one of the three following ways:
Serving the tenant personally, in the presence of a witness. (NRS 40.280(1)(a).)
If the tenant is not at the rental property, leaving a copy with a person “of suitable age and discretion” (at least fourteen years old) AND mailing a copy to the tenant at the address of the rental property. (NRS 40.280(1)(b).) (If you use this method, you must get a “certificate of mailing” from a U.S. Post Office. It is not “certified” mail.)
If a person of suitable age or discretion cannot be found at the rental property, posting a copy of the notice in a conspicuous place on the rental property AND mailing a copy to the tenant at the address of the rental property. (NRS 40.280(1)(c).)
The Nevada statute that governs service of eviction notices (NRS 40.280) allows service of a notice by method number 2 above (leaving the notice with a person of suitable age at the rental property and mailing a copy to the tenant) only if the tenant “is absent from his place of residence.” Method number 3 above (posting the notice on the rental property and mailing a copy to the tenant) is only permitted when “a person of suitable age or discretion cannot be found” at the rental property. Personal service of the notice to the tenant by method number 1 above is always permitted.