Nevada 5 Day Notice To Vacate

Last Updated: January 24, 2024 by Roberto Valenzuela

Nevada 5 Day Notice To Vacate is a letter which complies with state legal requirements for an unlawful detainer eviction action to obtain possession of the premises, when a tenant receives an eviction notice but fails to comply or move out. The tenant must move out within five (5) judicial days (i.e. not counting weekends or legal holidays) of receiving notice.

When To Use a Nevada 5 Day Notice To Vacate

A Nevada 5 Day Notice To Vacate begins a summary process eviction. This notice is served after the tenant receives a prior eviction notice, but fails to comply or move out. The eviction court will decide only the question of who has the right to possess the premises, with no monetary questions allowed.

A formal eviction allows the court to issue monetary judgments, but the landlord must file the summons and complaint at the courthouse instead of serving this notice.

There are separate 5 Day Notice To Vacate forms applicable to properties respectively within, or outside of, Las Vegas.

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 Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and indicate whether there is a request to pause eviction due to foreclosure
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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 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:

  1. Hand delivery to the other party
  2. 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
  3. 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.