Notices for Nuisance, Waste, Assigning/Subletting, Unlawful Business, Or Drug Violation
Nevada law requires a three-day notice to the tenant that describes the alleged nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use, followed by a five-day notice instructing the tenant to leave because tenant's possession is now unlawful. Learn about "nuisance," "waste," and the other bases for this notice.
FYI! If you're a landlord (or the landlord's agent), you can prepare and serve the eviction notices yourself. But be careful! This "notice" step is one place where landlords tend to make mistakes that end up costing them their case. If you believe you need help, you can have the constable prepare and serve the eviction notices for your for a fee. Click to visit Constables & Sheriffs for contact information.
Notice Given To Tenant
To evict a tenant for committing a nuisance, waste, assigning/subletting, unlawful business, or controlled substance violation, the landlord must "serve" (deliver) to the tenant:
- A Three-Day Notice to Quit for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Violation (NRS 40.2514) and, if the tenant does not move within the three days,
- A Five-Day Notice to Quit for Unlawful Detainer (NRS 40.254).
The three-day notice can be used where the tenant is:
- Committing or permitting a "nuisance" on the rental property;
- Assigning or subletting the rental property in violation of the lease;
- Committing or permitting "waste" (damage or destruction) on the rental property;
- Setting up or carrying on any unlawful business on the rental property; or
- Violating a controlled substance law in NRS 453.011 to 453.552 (except NRS 453.336).
Both notices are available, free of charge, at the Civil Law Self-Help Center. You can also download the forms on your computer by clicking one of the listed formats underneath the form's title below:
All eviction notices must be specific, typed or neatly written, and must not be altered in any way. (JCRCP 101, JCRLV 34(f)(1).)
For more information about serving eviction notices and filing a "summary" or "formal" eviction case, click to visit Information for Landlords.
Contents Of The Notice
The Three-Day Notice to Quit for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Violation must tell the tenant:
- What the landlord is claiming the tenant did or failed to do that justifies an eviction, along with a detailed description of the facts that support the landlord's allegations, including names, dates, locations, and the like; and
- That the tenant must leave within the three-day notice period.
The Five-Day Notice to Quit for Unlawful Detainer must tell the tenant:
- That the tenant can oppose the notice by filing an affidavit/answer with the court within the five-day period (NRS 40.254(1)(c)); and
- The name of the court that has jurisdiction over the case where the tenant can file an affidavit/answer to oppose the notice (NRS 40.254(1)(b)); and
- That if the court decided the tenant has caused a nuisance, the court could issue a summary order for the sheriff or constable to remove the tenant within twenty-four hours (NRS 40.253(b)(2)); and
- That the tenant can file an expedited complaint with the court if the landlord unlawfully locks the tenant out of the rental property or willfully interrupts an essential item or service (such as water, electricity, air conditioning, and the like) (NRS 40.253(3)(b)(3)).
If the landlord wants to use the "formal" eviction process (rather than the summary process), the landlord would serve only the initial three-day notice. The landlord would then file and serve a summons and complaint. Click to learn more about Filing a Formal Eviction.
Responding To The Notice
When the tenant receives the Three-Day Notice to Quit for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Violation, the tenant may:
- Move; or
- Wait to receive the Five-Day Notice to Quit for Unlawful Detainer (which can be served only after the initial three-day notice period runs).
When the tenant receives the Five-Day Notice to Quit for Unlawful Detainer, the tenant can, no later than the fifth full "judicial day" (judicial days do not include the date of service, weekends, or certain legal holidays):
- Move; or
- File an affidavit/answer with the justice court to oppose the notice and get a hearing with the judge; or
- File a motion with the court, asking the court to "stay" (delay) the eviction for up to ten days (pursuant to NRS 70.010).
FYI! You can file a motion to stay instead of filing an affidavit/answer. Or you can file a motion to stay after the eviction order is entered.
For forms and more information about how to respond to a nuisance notice, click to visit Responding to an Eviction Notice.
Q&A - Nuisance Notices
What does "nuisance" mean?
- A "nuisance" is "conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures." (NRS 40.2514(4).)
- A tenant can also be evicted for certain drug-related activity (specifically, for any violation of the controlled substance laws in NRS 453.011 to 453.552, except NRS 453.336), even though the activity does not meet the definition of "nuisance."
When can a tenant be evicted for assigning or subletting?
- If the lease says the tenatn cannot assign the tenant's interest in the tenancy or sublet the rental property, the landlord can seek an eviction. However, a landlord cannot unreasonably withhold consent to a tenant's request to assign or sublet the property.
What is an "unlawful business"?
- "Unlawful business" is not defined in the statute (NRS 40.2514), but the term probably means some type of business that is prohibited or strictly regulated under Nevada law. (See Gasser v. Jet Craft Ltd., 87 Nev. 376, 487 P.2d 346 (1971).)
- It is possible that operating a lawful business might violate a tenant's lease. But the landlord would probably need to evict the tenant based upon the lease violation (NRS 40.2516), not a nuisance.
When is a tenant "committing or permitting waste" on the property?
- "Waste" is generally some harmful or destructive use of the property by someone in rightful possession that decreases the property's value. "Committing waste" means that a person is doing something or taking some action that is causing harm to the property. "Permitting waste" means that a person is failing to prevent or affirmatively allowing harm to the property.
What are some of the reasons an eviction based upon a Three-Day Notice to Quit for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Use might not be appropriate or might be denied by the court?
- The facts the landlord states in the three-day notice that the landlord believes are a nuisance might not actually meet the legal definition of "nuisance." (NRS 40.2514(4).)
- The tenant might deny the allegations of nuisance, waste, and the like. And the landlord might be unable to submit sufficient evidence to prove the allegations.
- The landlord's notice to the tenant might not have complied with Nevada law, perhaps because it did not contain the required information, did not identify the correct court with jurisdiction, did not notify the tenant of tenant's right to oppose the notice, or any other number of possible defects.
- The landlord's notice might not have been served on the tenant by one of the methods required by Nevada law.
- The landlord's eviction case might violate the Federal Fair Housing Act or Nevada law forbidding discrimination in housing based upon race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex. (NRS 118.100.)
- The landlord might be retaliating against the tenatn because tenant, for example, complained to a governmental agency or inspector about the condition of the rental property, complained to the landlord or police about a crime on the property, or refused to agree to regulations adopted by the landlord. (NRS 118A.510.) Click to visit Landlord's Retaliation Against Tenant.