Nevada law requires a five-day notice to the tenant, instructing the tenant to either pay the rent or "quit" (leave) the rental property. Learn what a "rent" notice must contain and what a tenant can do in response.
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 nonpayment of rent, the landlord must "serve" (deliver) a Five-Day Notice to Pay Rent or Quit to the tenant. (NRS 40.253(1)(a).) (For tenants who pay rent by the week, the landlord can serve a four-day notice. (NRS 40.253(1)(b)).)
A Five-Day Notice to Pay Rent or Quit form is available, free of charge, at the Civil Law Self-Help Center. You can also download the form on your computer by clicking one of the listed formats underneath the form's title below:
Eviction notices to the tenant 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 an eviction notice and filing a "summary" or "formal" eviction case, click to read Information for Landlords.
Contents Of The Notice
The Five-Day Notice to Pay Rent or Quit must tell the tenant—
- The date when the rent became due and when it became late (NRS 40.253(5)(a)(4)); and
- The amount of rent the tenant owes (NRS 40.253(5)(a)(6)); and
- That the tenant must pay the rent or leave before noon on the fifth full judicial day (NRS 40.253(1)); and
- That the tenant has the right to oppose the notice by filing an affidavit/answer with the court before noon on the fifth full judicial day following the date of service, (NRS 40.253(3)(b)(1)); and
- The name of the court that has jurisdiction where the tenant can file an affidavit/answer to oppose the notice (NRS 40.253(3)(a)); and
- That if the court decides the tenant has failed to pay rent without a defense, the court could issue a summary order, directing the sheriff or constable to remove the tenant within twenty-four hours (NRS 40.253(b)(2)); and
- That a tenant can file an expedited complaint with the court if a 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 is using the "formal" eviction process (rather than the "summary" process), the notice to the tenant will not say that tenant can oppose the notice by filing an affidavit/answer and will be given pursuant to NRS 40.2512. After serving the notice, the landlord would then file and serve a summons and complaint. Click to read Filing a Formal Eviction.
CAUTION! If you intend to file a formal eviction for nonpayment of rent, you should not use the Self-Help Center Five-Day Notice to Pay Rent or Quit form. You will need to either draft the NRS 40.2512 notice yourself or retain an attorney to assist you. Click for information about Lawyers and Legal Help.
Responding To The Notice
When the tenant receives the Five-Day Notice to Pay Rent or Quit, the tenant can—no later than noon on the fifth full "judicial day" (judicial days do not include the date of service, weekends, or certain legal holidays)—
- Pay the rent demanded by the landlord in the notice and stay on the rental property; or
- 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 later after the eviction order is entered.
For forms and more information about how to respond to a Five-Day Notice to Pay Rent or Quit, click to visit Responding to an Eviction Notice.
Q&A - Rent Notices
What charges can a landlord include in a Five-Day Notice to Pay Rent or Quit, and what can a tenant be evicted for in an action for nonpayment of rent?
- "Rent" means the money a tenant pays every month or week to live on the rental property (in other words, what people typically think of as "rent"), plus any late fees allowed in the lease (which must be reasonable). (NRS 118A.150.)
- A tenant may not be evicted in a summary eviction case for such things as court costs, collection fees, attorney’s fees, and the like. (NRS 118A.150, 188A.220(1)(c).)
Can a landlord refuse to accept rent?
- After the landlord serves a five-day notice to pay rent, the landlord cannot then refuse to accept tenant's rent because the landlord also wants collection fees, attorney's fees, other costs, late fees, returned check fees, or unpaid security deposits. (NRS 40.253(9).) (Read the question and answer above to find out what "rent" means.)
Can a tenant lawfully withhold rent from the landlord?
- A tenant can withhold rent if the landlord fails to supply "essential items or services" (which means heat, air conditioning, running water, hot water, electricity, gas, a functioning door lock, or other essential item or service). (NRS 118A.380.)
- A tenant can also withhold rent if the landlord fails to keep the rental property in a "habitable" condition (meaning, for example, that the property must comply with applicable codes; have adequate plumbing, weather proofing, and the like; be clean, sanitary, and reasonably free from garbage, vermin, and the like; among other things). (NRS 118A.290(1), 118A.355.)
- Before withholding rent, the tenant must take certain steps. Click to learn more about Habitability and Essential Services.
Can a landlord accept a partial payment of rent, but then still evict the tenant for nonpayment?
- Whether a landlord can accept a partial payment of rent and then still evict the tenant might depend on the circumstances of the payment. (See Davidsohn v. Doyle, 108 Nev. 145, 825 P.2d 1227 (1992).) On one hand, a tenant who makes only a partial payment still owes rent. So the landlord might be able to get an eviction based upon the amount still owed. On the other hand, if the landlord accepts a partial payment and leads the tenant to believe that the payment will prevent an eviction, the landlord might be "estopped" (prevented or precluded) from getting an eviction. Ultimately, whether a partial payment will support or prevent an eviction will be a decision for the judge.
What are some of the reasons an eviction for nonpayment of rent might be denied by the court?
- Contrary to the landlord's notice, the rent has already been paid in full.
- The tenant tried to pay rent, but the landlord improperly refused to accept it.
- The landlord accepted a partial payment of rent under circumstances that justify a denial of the landlord's request for eviction, as discussed above.
- The landlord's notice to the tenant did not comply with Nevada law, perhaps because it did not contain the required information, did not identify the correct amount of rent due, tried to collect amounts not considered "rent," or any other number of possible defects.
- The landlord's notice was not served on the tenant by one of the methods required by Nevada law.
- The tenant is intentionally withholding rent because the landlord has failed to supply some essential item or service or has failed to keep the rental property in a habitable condition, as discussed above.
- The tenant is defending against the eviction and counterclaiming against the landlord for money the tenant could recover under the rental agreement or any applicable law. (NRS 118A.490(1).)
- The tenant rents residential property that has been sold at a foreclosure sale, and the new owner or landlord has failed to comply with the requirements of NRS 40.255 or is required to use the "formal" eviction process (rather than the "summary" process). Click to learn more about Eviction Issues Related to Foreclosure.
- The landlord's eviction case violates 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 is retaliating against the tenant 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 read Landlord's Retaliation Against Tenant.