Nevada Notice to Cure or Quit (Lease Violation)

NEVADA NOTICE TO CURE OR QUIT (LEASE VIOLATION)

Table of Contents

1. Notice Type and Statutory Basis
2. Notice to Tenant
3. Property and Tenancy Information
4. Description of Lease Violation
5. Cure Period and Required Action
6. Tenant's Right to Contest (Mandatory Statutory Language)
7. Tenant Defenses Reminder
8. No Waiver; Reservation of Rights
9. Service of Notice
10. Certificate of Service / Proof of Service
11. Sources and References

1. Notice Type and Statutory Basis

The Landlord serves this Notice under (select ONE):

☐ NRS § 40.2516 — FIVE (5) JUDICIAL DAY NOTICE TO PERFORM LEASE CONDITION OR QUIT (curable breach of a covenant of the lease, e.g., unauthorized occupants, unauthorized pet, parking violation, failure to maintain renter's insurance, unauthorized alterations, late or unsigned addenda).

☐ NRS § 40.2514 — THREE (3) DAY NOTICE TO QUIT FOR NUISANCE, WASTE, UNLAWFUL ASSIGNMENT/SUBLET, UNLAWFUL BUSINESS, OR CONTROLLED SUBSTANCE VIOLATION (non-curable). The tenant has no right to cure; the only options are surrender of possession or contest in court.

2. Notice to Tenant

TO: [TENANT FULL NAME(S)] _______________________________________
AND ALL OTHER OCCUPANTS in possession of:

FROM: [LANDLORD / AGENT FULL NAME] _______________________________
Mailing address: [LANDLORD/AGENT ADDRESS]
Telephone: [PHONE] · Email: [EMAIL]

Date of Notice: [__/__/____]

3. Property and Tenancy Information

4. Description of Lease Violation

YOU ARE HEREBY NOTIFIED that you are in breach of your rental agreement and/or in violation of Nevada law in the following specific manner(s):

Description of conduct constituting breach (be factually specific — date, place, witness, and harm):

[FACTUAL DESCRIPTION ____________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________]

Specific lease provision(s) and/or statute(s) violated:

[CITE LEASE PARAGRAPH AND/OR NRS SECTION ________________________
________________________________________________________________]

Date(s) of violation observed: [__/__/____], [__/__/____], [__/__/____]

5. Cure Period and Required Action

IF SERVED UNDER NRS § 40.2516 (5-DAY CURE OR QUIT):

WITHIN FIVE (5) JUDICIAL DAYS after service of this Notice (excluding the date of service, Saturdays, Sundays, and judicial holidays), you must do ONE of the following:

☐ (A) CURE the violation by performing the following action(s) and providing written proof to the Landlord at the address listed above:

[REQUIRED CURE ACTION ___________________________________________
________________________________________________________________]

☐ (B) QUIT the premises by surrendering possession and delivering all keys.

If you cure within 5 judicial days, the lease is preserved under NRS § 40.2516. If you neither cure nor quit, the Landlord will serve a separate Five-Day Notice to Quit for Unlawful Detainer and may then proceed with summary eviction under NRS § 40.253.

IF SERVED UNDER NRS § 40.2514 (3-DAY NUISANCE — NON-CURABLE):

WITHIN THREE (3) JUDICIAL DAYS after service of this Notice (excluding the date of service, Saturdays, Sundays, and judicial holidays), you must SURRENDER POSSESSION of the premises. There is no right to cure. If you remain in possession, the Landlord will proceed directly with summary eviction under NRS § 40.253, and you may be removed by the Sheriff or Constable not earlier than 24 hours and not later than 36 hours after the court's lockout order is posted.

6. Tenant's Right to Contest (Mandatory Statutory Language)

NOTICE TO TENANT — IMPORTANT INFORMATION ABOUT YOUR RIGHTS UNDER NRS 40.253:

Nevada law gives you the right to contest this eviction. To contest it, you must file a Tenant's Affidavit in Opposition to Summary Eviction (Other Than Nonpayment of Rent) (Form #16, "Answer") with the Justice Court of the Township where the premises are located before the close of business on the last day of the cure-or-quit period stated above. If you do not file an Affidavit, the court may issue an Order for Summary Eviction (a "lockout order") against you without a hearing.

Forms are available, free of charge, from:
- The Justice Court Clerk's Office of [TOWNSHIP] Township;
- Civil Law Self-Help Center (Las Vegas / Clark County): https://www.civillawselfhelpcenter.org;
- Nevada Legal Services: https://nevadalegalservices.org (1-866-432-0404);
- Legal Aid Center of Southern Nevada: https://www.lacsn.org;
- Northern Nevada Legal Aid: https://www.nnlegalaid.org.

Filing an Affidavit triggers a hearing at which you may present evidence and defenses. You may also seek to have any eviction record sealed under NRS 40.2545.

7. Tenant Defenses Reminder

Tenant may have one or more of the following defenses (this list is illustrative, not exhaustive):

• Warranty of Habitability (NRS § 118A.290) — alleged conduct caused by landlord's failure to repair.
• Retaliation (NRS § 118A.510) — termination follows a tenant complaint, code report, tenant union activity, exercise of legal rights, or victim status under domestic-violence statutes.
• Discrimination (NRS § 118.100; 42 U.S.C. § 3601 et seq.) — protected class, including source-of-income (Section 8 vouchers, added 2019).
• Defective notice — strict construction; missing facts, wrong cure period, wrong statutory citation, improper service.
• Self-help violation (NRS § 118A.390) — landlord engaged in lockout, utility shutoff, or property removal without court order.
• Cure already accomplished before notice expired.
• Waiver — landlord accepted full rent or otherwise affirmed tenancy with knowledge of the breach.
• Source-of-income discrimination — refusal of housing voucher (NRS § 118.100, as amended 2019).

8. No Waiver; Reservation of Rights

The Landlord reserves all rights and remedies under the rental agreement, Nevada Revised Statutes Chapters 40 and 118A, and applicable federal law. Acceptance of rent for any period prior to the date of this Notice does not waive any right. Acceptance of rent for any period after service of this Notice may, however, constitute waiver of the breach for that period and may require service of a new notice; the Landlord therefore reserves the right to refuse rent during the cure period.

9. Service of Notice

Service shall be made in the manner authorized by NRS § 40.280:

☐ Personal service on the tenant;
☐ Substituted service plus mailing;
☐ Posting and certified mailing if tenant is absent.

Service must be effectuated by a sheriff, constable, licensed process server, or authorized agent of a Nevada-licensed attorney. See NRS § 40.280; Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212 (2007).

10. Certificate of Service / Proof of Service

I, the undersigned, declare under penalty of perjury under the laws of the State of Nevada that the foregoing Notice was served on [TENANT NAME(S)] on [__/__/____] at approximately [__:__] ☐ AM ☐ PM at [SERVICE ADDRESS], in the manner indicated:

☐ Personal delivery;
☐ Substituted service on [PERSON SERVED], age [____], plus mailing on [__/__/____];
☐ Posting and certified mailing on [__/__/____], tracking no. [____________].

11. Sources and References

• NRS Chapter 40 (Property Actions): https://www.leg.state.nv.us/nrs/nrs-040.html
• NRS Chapter 118A (Landlord and Tenant: Dwellings): https://www.leg.state.nv.us/nrs/nrs-118a.html
• NRS § 40.2514 (3-day notice — nuisance): https://nevada.public.law/statutes/nrs_40.2514
• NRS § 40.2516 (5-day notice — curable breach): https://nevada.public.law/statutes/nrs_40.2516
• Civil Law Self-Help Center, Lease Violation Notices: https://www.civillawselfhelpcenter.org/m/self-help/evictions-housing/evictions/types-of-eviction-notices/82-lease-violation-notices
• Nevada Supreme Court Forms (Termination Notices): https://nvcourts.gov/self_help/landlord_tenant
• Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212, 163 P.3d 405 (2007)
• Nevada Lawyer Summary Eviction CLE (Dec. 2023): https://nvbar.org/wp-content/uploads/NevadaLawyer_Dec2023_CLE-Summary-Eviction.pdf