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A Nevada eviction notice is a written notice used by a landlord or property manager when a tenant fails to comply with the terms of their lease agreement in some way. The renter is given specific instructions on what they must do to avoid the formal eviction process and the deadline by which the actions must be performed (curable violation). Nevada eviction notices are more commonly known as a notice to quit.
All eviction notices must comply with Nevada Revised Statutes (NRS). Before beginning an eviction case for a rental unit, landlords and/or property managers should first get legal advice since Nevada law can be quite complicated. For example, when a landlord wishes to evict a tenant, Nevada eviction laws must be consulted because eviction proceedings for manufactured housing differ from that of non-manufactured housing. The time period for each type of eviction as well as the notice requirements are also different. Eviction actions, formally known as unlawful detainers, as well as eviction notices, should be carefully planned before they are instituted.
There are three types of Nevada eviction notices. All of them have the same basic components:
Nevada eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components. If the tenant lives in subsidized housing, the landlord or property manager should use these forms provided by the Nevada Courts.
A five-day notice to quit for non-payment of rent is used when the tenant doesn’t pay their rent on time. It lists:
This notice is governed by NRS § 40.2512.
A 5-day notice to quit for non-compliance is used when the tenant violates the rental agreement in some way (other than non-payment of rent). This is for moderate violations, not severe violations or illegal activity. The landlord should include:
This notice must comply with NRS § 40.2516.
Nevada 3-Day Notice to Quit for Nuisance, Severe Lease Violation, or Illegal Activity
A 3-day notice to quit for nuisance, severe lease violation, or illegal activity can be used if the property is being sublet without permission, running an unlawful business, using the premises for illegal activity, using drugs on the property, causing or permitting waste (damage to the property), or causing a considerable nuisance. This notice doesn’t give the tenant the option to fix the problem. They are given three days to vacate the property (incurable violation). The notice should:
This notice must comply with NRS § 40.2514.
A 30-day notice of termination for a month-to-month tenancy isn’t a traditional eviction notice. The tenant doesn’t have to violate the terms of their month-to-month agreement. In fact, if the tenant plans to move, they can create this notice and give it to the landlord. So, the purpose of this notice is for one party to inform the other party that they plan to end the agreement and that possession of the property will return to the landlord in 30 days. This notice should give the date by which the property should be vacated. This notice is regulated by NRS § 40.251.
Since an eviction notice must be legally served, it’s important for you to understand what constitutes legal service. In Nevada, an eviction notice must be served personally on the tenant or another resident of the rental property who is at least 14 years old. There must also be a witness to service. If necessary, the eviction notice may also be served through certified mail as long as the landlord also attaches a copy of the notice to the front door of the property. Regardless of how it is served, the landlord or property manager should keep proof of service.
Eviction is a legal process in the State of Nevada. The forms are different if a landlord wants to evict a tenant from subsidized housing. You can find the right forms from the court website. We linked to those forms under the section above.
Eviction notices must be legally served before a lawsuit may be filed against the tenant. Unless and until the landlord receives a court order, they may not remove the personal property of the tenant, turn off the utilities, or change the locks of the rental property. Doing so without a court order is illegal. It may also give the tenant the legal right to sue the landlord for financial compensation.
Additionally, landlords may not evict a tenant because of actual or perceived their race, color, religious preferences, national origin, gender, disability, or family status. The landlord also may not evict a tenant because the tenant reports code violations or uninhabitable conditions of the property to the housing authority. Tenants have a legal right to habitable conditions.
Tenants have legal rights even during the eviction process. Eviction is a scary process. You should read the eviction notice carefully so that you understand what’s happening and what, if anything, you can do to keep possession of the property. You can also call the landlord to discuss the situation.
We discussed illegal evictions under Legal Considerations. Make sure that you read that section. If you believe that you’re the subject of illegal eviction, you should make an appointment to speak with a landlord-tenant attorney. You could have a legal claim against the landlord.
If you cannot afford a lawyer, you can contact Nevada Legal Aid. If you meet their income guidelines, you could receive free or low-cost legal representation. Your other option is to contact the William S. Boyd School of Law and ask if they have a legal clinic. Legal clinics generally provide free or low-cost legal help.
Nevada landlords have legal rights and obligations under the state’s landlord-tenant laws. Eviction notices must be legally served before a lawsuit may be filed against the tenant. The eviction forms vary depending on whether the housing is subsidized. If you’re a landlord and you have any questions about Nevada eviction notices, schedule an appointment with a landlord-tenant attorney.
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