Nevada 5 Day Unlawful Detainer Notice
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This Nevada 5 Day Unlawful Detainer is served to a tenant who must vacate the premises in 5 days for failing to comply with previous notices.
Document Last Modified: 5/13/2023
Giving notice is the first step in the eviction process. When a tenant violates a lease agreement, Nevada state law requires landlords to issue a notice before taking action to evict. That notice serves as an initial warning and typically gives the tenant time to remedy the lease violation. Once that time expires, a landlord may begin either the summary eviction or formal eviction process*. A summary eviction typically is a swifter process. In a summary eviction, a landlord may issue this 5 Day Unlawful Detainer Notice to the tenant. This notice may only be used after an initial notice has been served on the tenant.
In the summary eviction process, notice may be given when there is nonpayment of rent or other lease violations. Once the warning period in that notice has expired, a landlord may issue the 5 Day Unlawful Detainer Notice to the tenant. The 5 Day notice may only be used after an initial notice has been served on the tenant.
This form must be downloaded and filled in accurately, exactly matching the names, spelling, and details in the lease. It tells the tenant that he or she is now occupying the rental unit unlawfully and must take action within 5 days or risk being evicted. The form notifies the tenant of his or her rights and supplies the name of the court where the tenant can file an answer to the 5 Day Unlawful Detainer Notice. The 5 days do not include the day that the notice is served, weekends or specific holidays. The form includes a section that describes the legal method used to serve the notice, which must be filled in by the server.
If the tenant fails to comply with the 5 Day Unlawful Detainer Notice, the landlord then may fill out an affidavit at the justice of the peace office where the rental unit is located. The justice of the peace may then issue an order to have the tenant removed from the unit within 24 hours.
*A summary judgment can give a landlord possession of the unit but will not include a monetary judgment; a monetary judgment would have to be pursued in a separate case. In certain circumstances, the formal eviction process must be used instead of summary eviction.
- Those circumstances include:
- When the tenant is leasing space in a mobile home park
- With a commercial tenant whose rent payments are up to date
- When a tenant is living in a foreclosed or sold property
For more information, visit the Nevada statute site.
Nevada Rental Forms and Templates
Nevada Landlords need Lease forms for the entire Landlord lifecycle. We’ve got everything you need from move-in to move-out.
- Rental Application: This free Rental Application is the best way to start the screening process. Use it to gather important information and to get the necessary authorizations to run vital screening reports.
- Tenant Welcome Letter: Customize this letter to provide Tenants with important information about their new rental property.
- Rent Ledger: Use our rent ledger to document rent payments and to ensure you have a record of any missed payments.
- Nevada 3-Day Notice to Quit: This is used for specific Lease violations as outlined by Nevada Revised Statute 40.2514. It’s a necessary first step in the eviction process.
- Nevada 5-Day Notice to Quit for Lease Violation: This form should be used for Lease violations other than non-payment of rent or those reasons listed in the 3-day notice to quit.
- Nevada 5-Day Notice to Pay Rent or Quit: This form should be used for Tenants that are late with rent. It informs Tenants that they need to pay rent or move out.
- Nevada 5-Day Unlawful Detainer Notice: This notice is for Tenants that need to vacate the property for failure to comply with prior notices.
- Nevada 7-Day No Cause Notice to Quit: This Notice should be used when there’s no Lease, a week-to-week Lease, or if the Tenant has stayed beyond the original Lease term.
- Nevada 30-Day No Cause Notice to Quit: This form should be used to terminate a month-to-month tenancy.
- Nevada Landlord-Tenant Eviction Handbook: This resource outlines the eviction process and provides details about both Landlord and Tenant rights.
- Nevada 5-Day Tenancy At-Will Notice: This form should be used to provide at-will Tenants with proper notice to vacate the property. It’s a necessary first step in the eviction process.
- Nevada Quitclaim Deed: This form can be used to quickly and easily transfer property ownership from one party to another.