A Nevada eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Nevada landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Nevada Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 4 Day Notice To Quit | Unpaid Rent
Tenancy of 45 Days or Less Rent Paid Daily / Weekly |
Yes |
| 7 Day Notice To Quit | Unpaid Rent | Yes |
| 5 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 3 Day Notice To Vacate | Illegal Activity | No |
| 5 Day Notice To Vacate | Unlawful Detainer | No |
| 30 Day Notice To Vacate | No Lease | No |
Nevada 4 Day Notice To Quit
A Nevada 4 Day Notice To Quit evicts a tenant for nonpayment of rent. In Nevada, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within four (4) judicial days (i.e., not counting weekends and legal holidays).
Nevada 7 Day Notice To Quit
A Nevada 7 Day Notice To Quit evicts a tenant for nonpayment of rent. In Nevada, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within seven (7) judicial days (i.e., not counting weekends and legal holidays).
Nevada 5 Day Notice To Comply or Vacate
A Nevada 5 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action or move out within five (5) judicial days (i.e., not counting weekends and legal holidays).
Nevada 3 Day Notice To Vacate
A Nevada 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. This could be for violating controlled substance laws, causing substantial property damage, assigning the lease without landlord approval, or similar unlawful conduct. The tenant must move out within three (3) judicial days (i.e., not counting weekends or legal holidays).
Nevada 5 Day Notice To Vacate
A Nevada 5 Day Notice To Vacate for a summary process eviction, when the tenant has already received a proper eviction or termination notice, but has not moved out. The tenant must move out within five (5) judicial days (i.e., not counting weekends and legal holidays).
This form of notice lets the landlord recover possession only of the rental premises and must file a separate case for any monetary judgment. A formal eviction lets the landlord get a judgment for both possession and monetary compensation, but this must be filed at the courthouse rather than through a 5 Day Notice To Vacate.
Nevada 30 Day Notice To Vacate
A Nevada 30-Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. A fixed-term lease, by contrast, usually terminates on the last day of the lease term, without additional notice required by either party.
The non-terminating party must move out within thirty (30) calendar days after receiving notice. If the tenant is disabled and sixty (60) years of age or older, this notice may request an additional thirty (30) calendar days to move out after receiving a notice to terminate tenancy from the landlord.
How To Write an Eviction Notice in Nevada
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Nevada
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Nevada
Unlike most states, Nevada requires delivery of notice by a sheriff, constable, licensed process server, or attorney’s agent. Someone authorized to serve process may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age who can accept the notice on behalf of the tenant, PLUS delivery by overnight mail
- Posting at a conspicuous places on the premises, PLUS delivery by overnight mail
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 Nevada Regional Justice Center - Eviction Notices
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When the tenant receives an eviction notice, the tenant can, either cure the violation or vacate the premises no later than the final full “judicial day” (judicial days do not include the date of service, weekends, or certain legal holidays).
Source Link - 2 Nevada Regional Justice Center - Serving Notices
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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 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 - Types of Eviction
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A landlord cannot get a money judgment as part of a summary eviction case (but can sue the tenant in a separate case for damages).
The landlord can recover possession of the rental property and obtain a money judgment all in the same case.
Source Link - 5 NV Rev Stat § 40.250
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A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to the tenant. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy terminates without notice at the expiration of the specified term or period.
Source Link - 6 NV Rev Stat § 40.251
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Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability.
Source Link
