A Nevada eviction notice form for nonpayment of rent is a written document that states a tenant has 7 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Nevada.
Types of Nevada Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 7-Day | Yes |
Lease Violation | 5-Day | Yes |
Lease Termination | 5/7/30-Day | No |
Illegal Activity | 3-Day | No |
7-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Nevada law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement.
Once rent is past due, the landlord must provide tenants with a 7-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 7 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed and the fact that the tenant can pay past-due rent in full in order to avoid eviction.
Get the downloadable 7-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
5-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Nevada if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Nevada landlords must provide tenants with a 5-Day Notice to Comply, giving the tenant 5 days to correct the issue or move out of the rental unit.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity is not included in this category.
If the tenant fails to correct the issue and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 5-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
5/7/30-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Nevada, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- At-Will Tenants – For at-will tenants, regardless of length of tenancy, the landlord must provide tenants with a 5-Day Notice to Quit.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month/Periodic – If rent is paid in any time period other than weekly, tenants must be given a 30-Day Notice to Quit.
NOTE: A tenant who is 60 years old or older, or has a mental or physical disability may request an additional 30 days in the rental unit by written notice to the landlord and provides the landlord with proper documentation (i.e. drivers license or social security award letter). The tenant will still be obligated to pay rent on time.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 5/7/30-Day Lease Termination Notice form template below (.pdf direct link).
3-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 3 days’ written notice before the landlord can proceed with an eviction action.
In Nevada, illegal activity includes:
- Setting up or running an unlawful business;
- Illegal possession, use, distribution, manufacture of a controlled substance;
- Possession of a controlled substance; and
- Criminal gang activity.
If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.
The eviction notice should include the date the tenancy will terminate.
Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Nevada Eviction Notices
Under Nevada law, all eviction notices are required to contain special language for tenants 60 years old and above, tenants with mental and/or physical disabilities, or for certain types of workers.
The notice should include the fact that residents over the age of 60, or those tenants who have mental and/or physical disabilities, have the right to request a 30-day extension in writing after receiving an eviction notice. However, according to Nevada law, such residents must provide proof of age and/or disability.
Federal, tribal, or state workers (and their household members) may request a written extension if they receive a termination notice and are experiencing a work shutdown at the time of the notice. The request can ask that the extension continue from the date of the shutdown until 30 days after the end of the shutdown.
Unless the landlord can prove that granting an extension for one of the reasons above will create a financial hardship for the landlord, the tenant must be allowed to remain in the rental unit for the amount of time requested in the extension.
Delivering Eviction Notices in Nevada
In the state of Nevada, landlords can deliver an eviction notice through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with someone of “suitable” age and discretion if the tenant cannot be found AND mailing a copy to the tenant; and
- Posting a copy of the notice in a conspicuous place on the rental unit AND mailing a copy to the tenant.
The notice must be served by the sheriff, constable, or licensed process server. Proof of service must include the badge number or license number of the person who served the notice.
Eviction Process in Nevada
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgement is issued.
- If the eviction is granted, an order for removal is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Nevada, click here.
Sources
- 1 NV Rev Stat §40.2512 (2019)
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1. …a tenant of real property…for a term less than life is guilty of an unlawful detainer when the tenant continues in possession…after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 7 judicial days…
- 2 NV Rev Stat §40.251 (2020)
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2. …if a tenant with a periodic tenancy …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…by submitting a written request for an extended period and providing proof of the tenant’s age or disability…
- 3 NV Rev Stat §40.251 (2020)
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3. …federal worker, tribal worker, state worker or household member…the tenant may request…to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request…and providing proof that he or she is a federal worker, tribal worker, state worker or household member…
- 4 NV Rev Stat §40.251 (2020)
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4. Except as otherwise provided in NRS 118A.315, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.
- 5 NV Rev Stat §40.280 (2020)
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1. …by the sheriff, a constable, a person who is licensed as a process server…(a) By delivering a copy to the tenant personally. (b)…by leaving a copy with a person of suitable age and discretion …and mailing a copy to the tenant…(c) …by posting a copy in a conspicuous place on the leased property…and mailing a copy to the tenant at the place where the leased property is situated.
- 6 NV Rev Stat §40.280 (2020)
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5. Proof of service…must consist of: (a)(1) …a written statement, endorsed by the person who served the notice, stating the date and manner of service. The statement must also include the number of the badge or license of the person who served the notice. If the notice was served by the agent of an attorney licensed in this State…
- 7 NV Rev Stat §118A.430 (2019)
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…specifying the acts and omissions constituting the breach and that the rental agreement will terminate as provided in this section. If the breach is remediable and the tenant does not adequately remedy the breach or use his or her best efforts to remedy the breach within 5 days after receipt of the notice, or if the breach cannot be remedied, the landlord may terminate the rental agreement.
- 8 NV Rev Stat §40.251 (2019)
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1.(a) … 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.
- 9 NV Rev Stat §40.2514 (2019)
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3. Sets up or carries on…any unlawful business; 4. Suffers, permits or maintains on or about the premises any nuisance… 5. Violates any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336…and remains in possession after service upon the tenant of 3 days’ notice to surrender.
- 10 NV Rev Stat §40.140 (2019)
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(d) A building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang…is a nuisance, and the subject of an action…