Nevada Eviction Notice

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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))

3. 3

   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)

4. 4

   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)

5. 5

   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.

6. 6

   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)

7. 7

   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))

Nevada Requirements for Eviction Notice

• Notice Period for Curable Lease Violations (Nevada Revised Statutes Section 40.2516)

  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.

• Who May Serve and Service Method Requirements (Nevada Revised Statutes Section 40.280; Section 40.253)

  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.

• No Prescribed Form, Mandatory Content (Nevada Revised Statutes Section 40.253(3); Section 40.254(1))

  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.

• Notice Period for Nonpayment of Rent (Nevada Revised Statutes Section 40.253(1); Section 40.2512(1))

  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.

• No-Cause Termination Notice Period (Nevada Revised Statutes Section 40.251)

  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.

• Governing Summary Proceedings Statute (Nevada Revised Statutes Sections 40.215-40.420)

  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.

• Notice for Incurable Violations, No Cure Option (Nevada Revised Statutes Section 40.2514)

  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).