A Nevada 7 Day Notice To Quitis a letter which complies with state legal standards to begin eviction against a tenant for nonpayment of rent, in most tenancies that have lasted over 45 days. The tenant must pay the balance due, or move out within seven (7) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a Nevada 7 Day Notice To Quit
A Nevada 7 Day Notice To Quit begins the eviction process when the a tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
There are separate 7 Day Notice To Quit forms applicable to properties respectively within, or outside of, Las Vegas.
The 7 Day Notice To Quit applies to most Nevada tenancies. There are some exceptions when the tenancy is under 45 days old, and the tenant pays rent weekly or more frequently (e.g., daily). Other Nevada lease termination notices 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 7 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
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 the payment necessary to avoid termination
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 7 Day Notice To Quit
Nevada landlords may have a sheriff, constable, licensed process server, or agent for an attorney deliver a Notice To Comply or 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.
Except as otherwise provided in subsection 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:
(a) Before the close of business on the seventh judicial day following the day of service
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.
To evict a residential tenant for nonpayment of rent, the landlord must have a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada “serve” (deliver) a Seven-Day Notice to Pay Rent or Quit to the tenant. (NRS 40.280(1).) (For tenants who pay rent by the week, the landlord can use a four-day notice. (NRS 40.253(1)(b)).)