Nevada 5 Day Unlawful Detainer Notice

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.