A Nevada 5 Day Notice To Terminate Tenancy is a letter which complies with state legal standards to terminate a tenancy at will. The non-terminating party must receive notice at least five (5) calendar days before the date of termination.
When To Use a Nevada 5 Day Notice To Terminate Tenancy
A Nevada 5 Day Notice To Terminate Tenancy ends a tenancy at will. Both the landlord and the tenant may deliver this notice on their own initiative.
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 5 Day Notice To Terminate Tenancy
To help ensure the legal compliance of a Notice To Terminate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 5 Day Notice To Terminate Tenancy
Nevada landlords may have a sheriff, constable, licensed process server, or agent for an attorney deliver a Notice To Terminate 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
A tenant, on the other hand, may provide lease termination notice to a landlord using any of these methods:
- Hand delivery to the other party
- Hand delivery to the landlord’s agent or representative, PLUS delivery by overnight mail
Sources
- 1 NV Rev Stat § 40.251
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Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:
(1) For tenancies from week to week, at least 7 days;
(2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or
(3) For tenancies at will, at least 5 days.
Source Link - 2 Nevada Regional Justice Center - Serving Notices
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All 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 use overnight 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.
Source Link - 3 Nevada Regional Justice Center - Who Can Serve Notices
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Notices must be “served” on the tenant by a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada. A landlord cannot serve the notices himself/herself. (NRs 40.280(1).)
Source Link - 4 Nevada Regional Justice Center - Tenancy At Will
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Nevada law requires a five-day notice to the tenant, informing the tenant that the tenancy-at-will is ending and instructing the tenant to leave, followed by a second five-day notice that tells the tenant to leave because tenant’s presence is now unlawful.
Notice Served on Tenant
To evict a tenant-at-will, the tenant must be “served” with:
- A Five-Day Notice to Quit for Tenancy-at-Will (NRS 40.251(1)(a)(3)) and, if the tenant does not move within the five-day notice period,
- A Five-Day Notice to Quit for Unlawful Detainer (NRS 40.254).
Both notices must be “served” on the tenant by a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada. A landlord cannot serve the notices himself/herself. (NRS 40.280(1).)
Source Link
