VII. Service of NoticeWhat are the standard notices used in private housing evictions and what do they mean?
- 3-Day Nuisance Notice
This 3-day written notice informs you that you are permitting or maintaining a nuisance on the premises and advises you to vacate the premises. Examples of some nuisances are damaged property or fighting or playing loud music. The person creating the nuisance does not have to be you; it could be a family member or an invited guest. If you remain in possession after service of the 3-day notice, you are guilty of an unlawful detainer. NRS 40.2514.
Three days after service of the 3-day Nuisance Notice, you will be served with a 5-day Unlawful Detainer Notice. The notice should advise you of your right to contest the notice by filing an affidavit with the Justice of the Peace before the fifth day after service (when counting days of service, do not count the day you are served, weekends or holidays.) By local practice in Washoe County justice courts, the unlawful detainer notice will state the time and date of the hearing. The courts generally allow you to appear at the hearing to defend the eviction without filing an affidavit. NRS 40.2514.
If you have not permitted or maintained a nuisance you may wish to file a contesting affidavit. When filing your contesting affidavit with the Clerk, take with you the 3-day notice, the 5-day notice, and identification so that your signature may be notarized on the sworn affidavit. There will be a fee for filing the affidavit. Check with your Justice Court and bring the correct fee with you. If you cannot afford the fee, you may apply to the court to waive the fee by filing a request to be allowed to file In Forma Pauperis (IFP)**. Ask the clerk for a form.
By local practice in Washoe County justice courts, the notice should state the time and date of the hearing. The courts generally allow you to appear at the hearing to defend the eviction without filing an affidavit. If you do not appear at the scheduled hearing, your landlord can request a 24 hour lockout order signed by the Justice of the Peace and have you locked out by the sheriff within 24 hours.
- Stay of an Eviction Order.
If you do appear at the hearing, but the Justice of the Peace rules that you do not have a defense to the eviction, the Justice can also order that you be locked out by the sheriff within 24 hours. The Justice of the Peace does have the discretion to delay the lockout by up to 10 days. NRS 70.010. Tell the Justice why you need the time and how you will use it.
No one can stop a 24-hour eviction order, except your landlord or a judge . If the sheriff comes to remove you with a lockout order and no prior eviction notice was ever served or received by you, this could be an illegal eviction. Seek the advice of a legal services agency or attorney of your choice immediately.
- 3-Day Notice - Change of Ownership
When the apartment, condo, house or mobile home or other property you are renting has been foreclosed upon, the new owner must serve you with a 3-day notice to vacate the premises. This does not apply to the tenant of a mobile home lot in a mobile home park. After a 3-day written notice to quit has been served, a tenant or subtenant in occupation of the premises may be removed. NRS 40.255.
If you do not move, you will be served with a Summons and Complaint or a Summons and Complaint with a Motion for a Writ of Restitution. When served with any of the above, if you do not agree to vacating the premises, you should immediately seek the advice of a legal services agency or a private attorney.
Note: The new owner cannot proceed with a 3-day notice to vacate until title to the property has been perfected.
- 4-Day Notice for Non-Payment of Rent-Weekly Rentals
If you pay your rent by the week or a shorter time period and you have resided in your unit for less than 45 days the landlord/manager can serve you with a 4 day notice to pay rent or quit the premises. There is no grace period by law so you may be served with this notice even if you are only one day late. If you are personally served with a 4-Day Notice you must either move, pay the past due rent, or contest the eviction by filing an affidavit with the Justice Court before noon of the 4th day after the day of service ( follow process described below under 5-Day Notice-Nonpayment of Rent ) or face eviction by a sheriff within 24 hours. NRS 40.253.
- 5-Day Notice for Lease Violation - Breach Notice
If you fail to perform a condition of the lease such as mowing the lawn, the manager/landlord can serve you with a 5-day notice of a lease or rental agreement violation. That notice should specifically name the alleged violation. If you fail to perform a condition of the lease such as mowing the lawn or keeping a pet not allowed in the rental agreement, the lease or rental agreement can be terminated within five (5) days of written notice, unless the tenant performs the condition within five (5) days of receiving the notice. NRS 118A.430. When counting days of service, do not count the day you are served, weekends or holidays.
If your landlord owns four (4) or fewer units and personally manages them you must perform the condition within three (3) days to avoid termination. NRS 40.2516. You can then save the lease or rental agreement from being terminated if you correct the violation within 3 days of the 5-day notice.
If you do not correct the violation and have not vacated the premises by the by the end of the notice period, the manager/landlord will serve you with a 5-Day Unlawful Detainer Notice. The notice should advise you of your right to contest the notice by filing an affidavit with the Justice of the Peace before the fifth day after service (when counting days of service, do not count the day you are served, weekends or holidays.) By local practice in Washoe County justice courts, the Unlawful Detainer notice will state the time and date of the hearing. The courts generally allow you to appear at the hearing to defend the eviction without filing an affidavit. NRS 40.2514.
If you have remedied a lease or rental agreement violation, but the manager/landlord still served you with a 5-Day Unlawful Detainer Notice, you may wish to file a contesting affidavit. When filing your contesting affidavit with the Clerk, take with you both notices, and identification so that your signature may be notarized on the sworn affidavit. There will be a fee for filing the affidavit. Check with your Justice Court and bring the correct fee with you. If you cannot afford the fee, you may apply to the court to waive the fee by filing a request to be allowed to file In Forma Pauperis (IFP)**. Ask the clerk for a form.
By local practice in Washoe County justice courts, the notice should state the time and date of the hearing. The courts generally allow you to appear at the hearing to defend the eviction without filing an affidavit. If you do not appear at the scheduled hearing, your landlord can request a 24 hour lockout order signed by the Justice of the Peace and have you locked out by the sheriff within 24 hours. If you do appear at the hearing, but the Justice of the Peace rules that you do not have a defense to the eviction, the Justice can also order that you be locked out by the sheriff within 24 hours.
- Stay of an Eviction Order
The Justice of the Peace does have the discretion to delay the lockout by up to 10 days. NRS 70.010. Tell the Justice why you need the time and how you will use it.
No one can stop a 24-hour eviction order, except your landlord or a judge . If the sheriff comes to remove you with a lockout order and no prior eviction notice was ever served or received by you, this could be an illegal eviction. Seek the advice of a legal services agency or attorney of your choice immediately.
- 5-Day Notice - Nonpayment of Rent
If you do not pay your rent when it becomes due, the manager/landlord can serve you with a 5-day notice to pay rent or quit the premises. There is no grace period by law, so you may be served with a 5-day notice to pay rent or quit even if you are one day late. The notice means you must pay the rent owed by noon of the 5th day after being served with the notice or vacate the premises. NRS 40.2512 and NRS 40.253.
If you have reason to believe that you do not owe some or all of your landlord's claim for rent, or you have attempted to pay the rent and it has been refused, or if you think you have some other legal defense, you may contest the eviction notice by filing an answering affidavit with the Justice of the Peace, before noon on the fifth day of service (when counting days of service, do not count the day you are served, weekends or holidays). When filing your contesting affidavit with the Clerk, take with you both notices, and identification so that your signature may be notarized on the sworn affidavit. There will be a fee for filing the affidavit. Check with your Justice Court and bring the correct fee with you. If you cannot afford the fee, you may apply to the court to waive the fee by filing a request to be allowed to filed In Forma Pauperis (IFP). Ask the clerk for a form.
By local practice in Washoe County justice courts, the notice should state the time and date of the hearing. In nonpayment cases, however, the courts generally do not allow you to appear at the hearing to defend the eviction without filing an affidavit. If you do not file an affidavit by noon of the 5th day following service, your landlord can request a 24 hour lockout order signed by the Justice of the Peace and have you locked out by the sheriff within 24 hours. If you do appear at the hearing, but the Justice of the Peace rules that you do not have a defense to the eviction, the Justice can also order that you be locked out by the sheriff within 24 hours. The Justice of the Peace does have the discretion to delay the lockout by up to 10 days. NRS 70.010. Tell the Justice why you need the time and how you will use it.
No one can stop a 24-hour eviction order, except your landlord or a judge . If you received a 24-hour eviction order and no prior notice has been served upon you, or you paid the rent within the initial 5 day period, this would be an illegal action. Seek the advice of a legal services agency or attorney of your choice immediately.
- 7 Day/30 Day - No Cause Termination
If you are renting from month-to-month and do not have a lease and are not involved in government housing, the landlord may terminate your tenancy without a reason by giving you 30 days written notice. If you rent week-to-week without a lease, he is only required to give you 7 days notice. If you have not moved after a 7 or 30 day notice, the manager/landlord must serve you with a 5-day Unlawful Detainer Notice. The notice should advise you of your right to contest the eviction by filing an affidavit with the Justice of the Peace before noon on the fifth day of service. NRS 40.251. When counting days of service, do not count the day you are served, weekends or holidays.
If you have a lease that does not provide for termination of the lease upon 30 days written notice, you can contest the 30-Day No Cause Termination notice.
You may also contest a 30-Day No Cause Termination if you believe that your landlord is seeking to evict you for an unlawful reason. For example, you may contest a 30 day no cause notice if the landlord's attempt to evict you violates any provision of the federal Fair Housing Act or the Nevada fair housing laws at NRS 118 which forbid discrimination on the basis of race, religion, sex, national origin, familial status or handicap. It is also unlawful for a landlord to attempt to evict you in "retaliation" for exercising certain on your rights. For the definition of "retaliation", please see Section VIII entitled "Entry by the Landlord, Lockouts and Other Rights."
If you have reason to believe that you have been a victim of retaliation or discrimination or you failed to receive proper notice, you may contest the eviction notice by filing an answering affidavit with the Justice of the Peace, before the fifth day following service (when counting days of service, do not count the day you are served, weekends or holidays)*. When filing your contesting affidavit with the Clerk, take with you both notices, and identification so that your signature may be notarized on the sworn affidavit. There will be a fee for filing the affidavit. Check with your Justice Court and bring the correct fee with you. If you cannot afford the fee, you may apply to the court to waive the fee by filing a request to be allowed to filed In Forma Pauperis (IFP)**. Ask the clerk for a form.
By local practice in Washoe County justice courts, the notice should state the time and date of the hearing. The courts generally allow you to appear at the hearing to defend the eviction without filing an affidavit. If you do not appear at the scheduled hearing, your landlord can request a 24 hour lockout order signed by the Justice of the Peace and have you locked out by the sheriff within 24 hours. If you do appear at the hearing, but the Justice of the Peace rules that you do not have a defense to the eviction, the Justice can also order that you be locked out by the sheriff within 24 hours.
- Stay of an Eviction Order
The Justice of the Peace does have the discretion to delay the lockout by up to 10 days. NRS 70.010. Tell the Justice why you need the time and how you will use it.
No one can stop a 24-hour eviction order, except your landlord or a judge . If the sheriff comes to remove you with a lockout order and no prior eviction notice was ever served or received by you, this could be an illegal eviction. Seek the advice of a legal services agency or attorney of your choice immediately.
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