Nevada 5 Day Tenancy-At-Will Notice

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This official notice is used to give your tenant 5 days to either vacate or have an unlawful detainer initiated against them.

Document Last Modified: 10/5/2018

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Giving notice is the first step in the eviction process. Nevada state law requires landlords to issue a notice even to tenants who occupy a rental unit without a written lease agreement. This may include tenants as well as persons termed subtenants (those who are not named in a lease agreement) who remain in a rental property after the lease has expired. This form may be used with tenants who are living in the rental unit with no lease agreement.

IMPORTANT: If a week-to-week or month-to-month oral lease agreement is in place, the rules for giving notice are different. A different form, and possibly longer notice, may be required.

The 5 Day Tenancy-At-Will Notice must be issued before any court action can be taken to evict a tenant or subtenant who has stayed in the rental unit for more than five days after a lease agreement has expired.

This Notice form must be downloaded and filled in by the landlord, and served on the tenant. The Notice tells the tenant that he or she is staying in the rental property illegally, and that the landlord is beginning the eviction process. If the tenant moves out upon receiving this notice, the landlord may take possession of the rental unit.

The Notice must be completely filled in with both the tenant’s and the landlord’s names and addresses. It must be noted on the form how the Notice will be served. Nevada law permits service by person with a witness present, and through the mail. The server, the witness and the tenant receiving the Notice must sign the form. Make a copy of this notice for your records.

The clock starts on the five days the day after a tenant has received the Notice. The 5 days may not include Saturdays, Sundays or holidays. If the tenant has not moved out at the expiration of 5 days, the landlord may file an action for possession of the property and for rent owed. The landlord may also seek recovery of actual damages.

For more information, visit the Nevada statute site.

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