A 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:
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 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:
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.
The Five-Day Notice to Quit for Unlawful Detainer must tell the tenant:
That the tenant can oppose the notice by filing an affidavit/answer with the court within the five-day period (NRS 40.254(1)(c)); and
The name of the court that has jurisdiction over the case where the tenant can file an affidavit/answer to oppose the notice (NRS 40.254(1)(b)); and
That if the court decided the tenant has caused a nuisance, the court could issue a summary order, directing the sheriff or constable to post the order on the premises within 24 hours after the order is received by the sheriff or constable, and that the sheriff or constable will remove the tenant between 24 and 36 hours after posting (NRS 40.253(b)(2)); and
That the tenant can file an expedited complaint with the court if the landlord unlawfully locks the tenant out of the rental property or willfully interrupts an essential item or service (such as water, electricity, air conditioning, and the like) (NRS 40.253(3)(b)(3)).
If the landlord wants to use the “formal” eviction process (rather than the summary process), the landlord would serve only the initial three-day notice. The landlord would then file and serve a summons and complaint.
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.
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).)