LEASE violations notices

Nevada law requires a five-day-notice to the tenant that describes the lease violation and directs the tenant to either "cure" (fix) the violation or leave, followed by a second five-day notice instructing the tenant to vacate because their possession is now unlawful.  Find out what a "lease violation" 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 VICE Evictions or the constable prepare and serve the eviction notices for you for a fee.  CONTACT US HERE

To evict a tenant for committing a lease violation, the tenant must be "served" with:

1. A Five-Day Notice to Perform Lease Condition or Quit (NRS 40.2516) and, if the tenant does not leave within the five-day notice period or "cure" (correct) the lease violation within five days,
2. A Five-Day Notice to Quit for Unlawful Detainer (NRS 40.254).

Both notices must be "served" on the tenant by a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada. A landlord cannot serve the notices himself/herself. (NRs 40.280(1).)

The Five-Day Notice to Perform Lease Condition or Quit must tell the tenant:

1. What the landlord is claiming the tenant did to violate the lease, along with a reference to the page and paragraph of the lease provision allegedly violated; and
2. That the tenant can either:
   • Perform the lease condition or correct the lease violation (if it can be performed or corrected) within five days after the notice is served in order to avoid the eviction, or
   • Leave the rental property within the five-day notice period.  (NRS 40.2516.)

The Five-Day Notice to Quit for Unlawful Detainer should inform the tenant of the following:

1. That the tenant has the right to oppose the notice by filing an affidavit/answer with the court within the five-day period (NRS  40.254(1)(c));
2. The name of the court that has jurisdiction where the tenant can file an affidavit/answer to oppose the notice (NRS 40.254(1)(b));
3. That if the court decides the tenant violated the lease and failed to fix the violation, the court could issue a summary order, directing the sheriff or constable to post the order on the premises within 24 hours after the order is received by the sheriff or constable, and that the sheriff or constable will remove the tenant between 24 and 36 hours after posting (NRS 40.253(b)(2)); and
4. That a tenant can file an expedited complaint with the court if a landlord unlawfully locks the tenant out of the premises 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 first five-day lease violation notice.  The landlord would then file and serve a summons and complaint.  

When the tenant receives the Five-Day Notice to Perform Lease Condition or Quit, the tenant can:

1. Perform the lease condition or correct the lease violation (if it can be performed or corrected), within three days, to avoid the eviction and stay on the rental property; or
2. Move; or
3. Wait to receive the Five-Day Notice of Unlawful Detainer (which can be served only after the first five-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):

1. Move; or
2. File an affidavit/answer with the justice court to oppose the notice and get a hearing with the judge; or
3. 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 EVICTION FORMS CLICK HERE

Can the tenant "cure" (correct) the lease violation in order to avoid an eviction?

• After the tenant receives the Five-Day Notice to Perform Lease Condition or Quit, the tenant can "cure" the lease violation (in other words, perform the lease condition or correct the lease violation), assuming the lease violation is something that can be performed or corrected, in order to stay on the rental property.
• From the date the notice is served, the tenant has only three judicial (business) days to "cure" (correct) the lease violation.  (NRS 40.2516.)  After the tenant fixes the problem, the tenant should give written notice to the landlord that the lease violation has been cured.

What are some of the reasons an eviction based upon a Five-Day Notice to Perform Lease Condition or Quit might not be appropriate or might be denied by the court?

• Within three days after receiving the five-day lease violation notice, the tenant "cured" (fixed) the lease violation.  (NRS 40.2516.)
• The landlord's notice to the tenant was not specific enough to inform the tenant of the alleged lease violation so that tenant could "cure" (fix) the violation.  (See Roberts v. Second Judicial Dist. Court, 43 Nev. 332, 185 P. 1067 (1920).)
• The tenant might deny the conduct the landlord alleges in the lease violation notice.  And the landlord might be unable to prove the allegations to the court.
• The conduct the landlord describes in the notice is not actually a lease violation.  Alternatively, the lease violation was so minor that it does not justify evicting the tenant.  (See Gibby's Inc. v. Aylett, 96 Nev. 678, 615 P.2d 949 (1980) ([W]here the breach is insufficient to constitute unlawful detainer, the appropriate remedy for breach of lease covenants is an ordinary civil action for damages.").)
• 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 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.)