Step 2: Serve The First Eviction Notice On The Tenant

If the landlord wants to evict the tenant for nonpayment of rent, the landlord must issue only one notice to the tenant.  (If the tenant does not comply with that notice by either paying rent or moving, the landlord will skip to Step 4 below.)

If the landlord wants to evict the tenant for any reason other than nonpayment of rent, the landlord must issue two eviction notices on the tenant:

• The first notice states the grounds for the eviction (for example, lease violation or nuisance).  If the tenant does not comply with that notice,
• The second notice (a Five-Day Notice to Quit for Unlawful Detainer) tells the tenant to leave the rental property.  It also informs the tenant of the tenant's right to contest the eviction by filing with the court.

All eviction notices must be "served" (delivered to the tenant) by a constable, sheriff, licensed process server, or agent of an attorney licensed in Nevada, in one of the three following ways in compliance with NRS 40.280:

• Serving the tenant personally.  (NRS 40.280(1)(a).)
• If the tenant is not at the rental property, leaving a copy with a person "of suitable age and discretion" (at least fourteen years old) AND mailing a copy to the tenant at the address of the rental property.  (NRS 40.280(1)(b).)
• If no person of suitable age or discretion can be found at the rental property, posting a copy of the notice in a conspicuous place on the rental property AND mailing a copy to the tenant at the address of the rental property.  (NRS 40.280(1)(c).)

The Nevada statute that governs service of eviction notices (NRS 40.280) allows service of a notice by method number 2 above (leaving the notice with a person of suitable age at the rental property and mailing a copy to the tenant) only if the tenant "is absent from his place of residence."  Method number 3 above (posting the notice on the rental property and mailing a copy to the tenant) is only permitted when "a person of suitable age or discretion cannot be found" at the rental property.  Personal service of the notice to the tenant by method number 1 above is always permitted.

Before the court can issue a summary eviction order, the landlord must file the following proofs of service with the court:

• A statement, signed by the person who served the notice, stating the date and manner of service. The statement must also include the number of the badge or license number of the constable, sheriff, or private process server. (NRS 40.280(5)(a)(1).)
• If the notice was served by an agent of an attorney licensed in Nevada, the statement must also include a declaration signed by the attorney with the attorney's bar number, stating that the attorney was retained by the landlord for an eviction pursuant to NRS 40.230 to 40.420, that the attorney reviewed the date and manner of service by the agent, and that the attorney believes to the best of his or her knowledge that the service complies with the requirements of the law.(NRS 40.280(5)(a)(1)(II-III).)
  

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