Nevada Eviction Notice
Nevada eviction notice: 7 judicial days to pay or quit under NRS 40.253, plus 5-day cure and 3-day no-cure notices. Free template. Attorney review available.
Introduction
This page's compact notice document is the actual notice a Nevada landlord fills out and serves, not a broader walkthrough of how eviction law works in the state, and who is legally allowed to serve it depends on which notice you're using. For nonpayment of rent, the landlord or the landlord's agent may serve the notice directly. For every other cause on this page, Nevada law requires the notice to be served by the sheriff, a constable, a licensed process server, or the agent of a Nevada-licensed attorney; a landlord who hand-delivers those notices personally has served them defectively. (Nev. Rev. Stat. Section 40.280) The day count also depends on what kind of property is involved, not just the reason for eviction. A dwelling, apartment, or recreational vehicle in default of rent gets 7 judicial days to pay or quit; a commercial premises gets only 5 days; a mobile home lot gets 10 days and follows the formal court process rather than summary eviction. A curable lease violation, other than nonpayment, gets a 5-day cure-or-quit notice. Certain violations, including subletting against the lease, waste, an unlawful business, nuisance, or a controlled-substance violation, get a 3-day notice to surrender with no chance to fix the problem. (Nev. Rev. Stat. Sections 40.2512, 40.2514, 40.2516, 40.253) There's no mandatory government form, but the notice must identify the court with jurisdiction and advise the tenant of the right to contest by filing an affidavit before the deadline.
Key Things to Know
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An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an unlawful detainer action in Nevada's Justice Court or District Court.
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The pay-or-quit day count depends on property type, not just the fact of nonpayment: 7 judicial days for a dwelling, apartment, or recreational vehicle; 5 days for a commercial premises; 10 days for a mobile home lot (which uses the formal court process, not summary eviction). A judicial day excludes the day of service, Saturdays, Sundays, and legal holidays. (Nev. Rev. Stat. Sections 40.253(1)(a), 40.2512(1))
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A curable lease violation, other than nonpayment, gets a 5-day cure-or-quit notice. The tenant may perform the violated condition within those 5 days and save the lease from forfeiture. (Nev. Rev. Stat. Section 40.2516)
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Certain violations have no cure option: assigning or subletting contrary to the lease, waste, an unlawful business, nuisance, or a controlled-substance violation. These get a 3-day notice to surrender with no chance to fix the problem. (Nev. Rev. Stat. Section 40.2514)
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The governing law is Nevada's summary proceedings statute for obtaining possession of real property, Nev. Rev. Stat. Sections 40.215 to 40.420, which sets the notice rules and the court process that follows if the tenant doesn't comply.
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Who may serve the notice differs by cause. For nonpayment of rent, the landlord or the landlord's agent may serve the notice directly. For a no-cause termination, a cure-or-quit notice, or an incurable-violation notice, Nevada law requires service by the sheriff, a constable, a licensed process server, or the agent of a Nevada-licensed attorney; the landlord may not personally serve those. (Nev. Rev. Stat. Section 40.280)
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There's no state-mandated form for the notice itself, but the law requires specific content. The notice must identify the court with jurisdiction over the matter and advise the tenant of the right to contest the notice by filing an affidavit with that court before the deadline. (Nev. Rev. Stat. Sections 40.253(3), 40.254(1))
Key decisions before you file
Before you file a Eviction Notice in Nevada, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.
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Nevada Requirements for Eviction Notice
5-day cure-or-quit notice for a lease condition or covenant violated other than nonpayment, holdover, or the nuisance/waste/unlawful-business/drug-violation causes. The tenant, a subtenant in actual occupation, a mortgagee of the term, or another interested person may perform the condition within the 5 days and save the lease from forfeiture. If the violated condition cannot afterward be performed, no notice is required at all.
For a nonpayment notice under NRS 40.253, the landlord or the landlord's agent may serve the notice directly. For every other notice type (no-cause, cure-or-quit, or incurable-violation), Nevada law requires service by the sheriff, a constable, a person licensed as a process server under NRS Chapter 648, or the agent of a Nevada-licensed attorney; the landlord may not personally serve those. All notices follow the same order: personal delivery, then substituted service on an absent tenant, then posting and mailing as a last resort.
There is no single Nevada statutory form a landlord is required to use for the pre-filing notice to surrender. Nevada Courts publishes sample notice packets as self-help aids, not a mandatory form. Specific content is required by statute for the notice used in summary eviction: it must identify the court with jurisdiction and advise the tenant of the right to contest by filing an affidavit before the deadline, and for nonpayment, of the removal-order process and rights against unlawful lockout under NRS 118A.390.
7 judicial days for a dwelling, apartment, or recreational vehicle; 5 days for a commercial premises; 10 days for a mobile home lot, which follows the formal court process under Sections 40.290 to 40.420 rather than summary eviction. A judicial day excludes the day of service, Saturdays, Sundays, and legal holidays. The notice may be served at any time after the rent becomes due.
Distinct from the 3-, 5-, and 7-judicial-day for-cause notices above: ending an indefinite-term (periodic or at-will) tenancy without cause requires at least 7 days for a week-to-week tenancy, at least 30 days for other periodic tenancies, or at least 5 days for a tenancy at will. A tenant who is 60 years of age or older or has a disability may request an additional 30 days beyond the 30-day figure.
The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: Nevada Revised Statutes Sections 40.215 through 40.420, Summary Proceedings for Obtaining Possession of Real Property, Recreational Vehicle or Mobile Home.
3-day notice to surrender, with no cure option, for assigning or subletting contrary to the lease, committing or permitting waste, carrying on an unlawful business, maintaining a nuisance, or violating Nevada's controlled-substance statutes (NRS 453.011 to 453.552, except 453.336).
Frequently Asked Questions
It depends on the reason and, for nonpayment, the property type. Nonpayment of rent gets 7 judicial days for a dwelling, apartment, or recreational vehicle, 5 days for a commercial premises, or 10 days for a mobile home lot. A curable lease violation gets 5 days. Violations with no cure option, like waste, an unlawful business, nuisance, or a controlled-substance violation, get 3 days.
No. Nevada law requires a written notice to surrender before a tenant can be found guilty of unlawful detainer for nonpayment of rent, a lease violation, or the other causes listed in Nev. Rev. Stat. Sections 40.250 to 40.2516. Skipping the notice, serving the wrong type, or having the wrong person serve it can get the eviction case dismissed.
Beyond stating the amount owed or the violation and the deadline, a Nevada notice used for summary eviction must identify the court that has jurisdiction over the matter and advise the tenant of the right to contest the notice by filing an affidavit with that court before the deadline. A nonpayment notice must also advise the tenant of the summary removal process and of rights against unlawful lockout under NRS 118A.390. (Nev. Rev. Stat. Sections 40.253(3), 40.254(1))
No single form is mandated by the Nevada Revised Statutes. Nevada Courts' self-help center publishes sample notice packets for each notice type as an aid, but a landlord can write their own notice as long as it contains the content the applicable statute requires, including the amount due or the violation described, the deadline, and, for a notice used for summary eviction, the court and contest-rights language.
A curable lease violation, other than nonpayment, gives the tenant 5 days to fix the problem and keep the lease under Nev. Rev. Stat. Section 40.2516; if the violated condition cannot afterward be performed, no cure-offering notice is required at all. An incurable violation under Section 40.2514, such as subletting against the lease, waste, an unlawful business, nuisance, or a controlled-substance violation, gets a flat 3-day notice to surrender with no opportunity to fix it.
It depends on the notice type. For a nonpayment notice under NRS 40.253, the landlord or the landlord's agent may serve it directly. For every other notice on this page, cure-or-quit, incurable-violation, or no-cause, Nevada law requires service by the sheriff, a constable, a licensed process server, or the agent of a Nevada-licensed attorney. All of these notices follow the same delivery order: personal delivery first, then substituted service on an absent tenant, then posting and mailing as a last resort. (Nev. Rev. Stat. Section 40.280)
Start with the day of service, then count forward using the applicable period: 7 judicial days for a residential nonpayment notice, 5 days for a commercial nonpayment notice, 10 days for a mobile home lot, 5 days for a curable lease violation, or 3 days for an incurable violation. A judicial day skips the day of service itself, Saturdays, Sundays, and legal holidays, so a notice served late in the week typically runs well past a calendar week.
The landlord or the landlord's agent can file an affidavit of complaint for eviction with the Justice Court or District Court. If the court finds no legal defense, it can issue a summary order for removal, directing the sheriff or constable to post the order on the premises within 24 hours and then remove the tenant no earlier than 24 hours and no later than 36 hours after posting. (Nev. Rev. Stat. Section 40.253(5))