Nevada Seven-Day Notice to Pay Rent or Quit

NEVADA SEVEN-DAY NOTICE TO PAY RENT OR QUIT

Table of Contents

1. Notice to Tenant
2. Property and Tenancy Information
3. Rent Demanded
4. Cure or Quit Election
5. Tenant's Right to Contest (Mandatory Statutory Language)
6. Habitability and Retaliation Defenses (Tenant Notice)
7. Statement of Landlord's Election; No Waiver
8. Service of Notice
9. Certificate of Service / Proof of Service
10. Sources and References

1. Notice to Tenant

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

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

Date of Notice: [__/__/____]

2. Property and Tenancy Information

3. Rent Demanded

YOU ARE HEREBY NOTIFIED that the rent for the above-described premises is DUE AND DELINQUENT in the following amount:

The above sum represents rent only, computed under your rental agreement. No other charges (late fees, utility charges, damages, attorney's fees, or other amounts) are demanded by this Notice.

4. Cure or Quit Election

WITHIN SEVEN (7) JUDICIAL DAYS after the date this Notice is served on you (excluding the date of service, Saturdays, Sundays, and judicial holidays observed by the Nevada Justice Courts), you must do ONE of the following:

☐ (A) PAY the total rent due and delinquent stated in Section 3 in full to the Landlord at the address listed above; OR

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

IF YOU FAIL TO DO ONE OF THE ABOVE BY THE END OF THE SEVENTH JUDICIAL DAY, the Landlord will file an Affidavit/Complaint for Summary Eviction with the Justice Court of [TOWNSHIP] Township, [COUNTY] County, Nevada, pursuant to NRS § 40.253, and you may be removed from the premises by the Sheriff or Constable not earlier than 24 hours and not later than 36 hours after the court's lockout order is posted on the premises.

5. 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 (also called an "Answer") with the Justice Court of the Township where the premises are located, before the close of business on the seventh (7th) judicial day after this Notice is served on you. 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;
- The 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 (Washoe / rural), https://www.nnlegalaid.org.

Filing an Affidavit triggers a hearing at which both you and the landlord may present evidence. Possible defenses include: payment, partial payment, breach of the warranty of habitability (NRS 118A.290), retaliation (NRS 118A.510), discrimination (NRS 118.100; 42 U.S.C. § 3601 et seq.), defective notice, security-deposit setoff (NRS 118A.242), and acceptance of rent after service.

You may also seek to have any eviction record sealed under NRS 40.2545.

6. Habitability and Retaliation Defenses (Tenant Notice)

You are reminded that under Nevada's Residential Landlord and Tenant Act:

• Warranty of Habitability (NRS § 118A.290): The landlord must maintain the dwelling in a habitable condition. If the unit lacks weatherproofing, plumbing, hot/cold running water, heating, electrical, sanitation, or has structural defects, you may have remedies under NRS §§ 118A.355 to 118A.380, including repair-and-deduct and rent withholding under specific procedures.
• Retaliation (NRS § 118A.510): A landlord may not increase rent, decrease services, terminate tenancy, or pursue eviction in retaliation for: complaining to a governmental agency about a code violation; complaining to the landlord about habitability; joining or organizing a tenant union; participating in legal proceedings; or being a victim of domestic violence, sexual assault, harassment, or stalking. Acceptance of rent waives forfeiture for the period covered by the rent paid.
• Self-Help Bar (NRS § 118A.390): It is unlawful for a landlord to lock you out, remove your belongings, shut off utilities, or otherwise oust you without a court order. Tenant may recover actual damages plus an amount up to $2,500 per violation, attorney's fees, and injunctive relief.

7. Statement of Landlord's Election; No Waiver

The Landlord hereby elects to declare a forfeiture of the rental agreement under NRS § 40.2512 unless the rent demanded is paid or possession is surrendered within seven (7) judicial days. Acceptance of partial payment after service of this Notice does not waive the Landlord's right to proceed with eviction except to the extent any partial payment is actually credited; however, acceptance of the full amount demanded shall constitute satisfaction of this Notice.

The Landlord reserves all other rights and remedies under the rental agreement and Nevada law, including but not limited to actions for damages, attorney's fees, late fees, and treble damages where authorized.

8. Service of Notice

This Notice will be served in the manner authorized by NRS § 40.280:

☐ Personal service on the tenant;
☐ Substituted service — leaving a copy with a person of suitable age and discretion at the premises or tenant's usual place of business AND mailing a copy to the tenant by first-class mail;
☐ Posting and mailing — if the tenant is absent from the premises and from the tenant's usual place of business, by affixing the Notice in a conspicuous place on the premises AND mailing a copy by certified mail to the tenant's last known address.

WARNING TO LANDLORD: A Nevada landlord may not personally serve this Notice. Service must be performed by a sheriff, constable, licensed process server, or an authorized agent of an attorney licensed to practice in Nevada. See NRS § 40.280; Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212 (2007).

9. 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 Seven-Day Notice to Pay Rent or Quit was served on [TENANT NAME(S)] on [__/__/____] at approximately [__:__] ☐ AM ☐ PM at [SERVICE ADDRESS], in the manner indicated below:

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

10. Sources and References

• Nevada Revised Statutes, Chapter 40 (Actions and Proceedings in Particular Cases Concerning Property): https://www.leg.state.nv.us/nrs/nrs-040.html
• Nevada Revised Statutes, Chapter 118A (Landlord and Tenant: Dwellings): https://www.leg.state.nv.us/nrs/nrs-118a.html
• Civil Law Self-Help Center (Clark County), Eviction Notices: https://www.civillawselfhelpcenter.org/self-help/evictions-housing
• Nevada Supreme Court self-help eviction forms: https://nvcourts.gov/self_help/landlord_tenant
• Nevada Legal Services, Evictions in Nevada: https://nevadalegalservices.org/evictions-in-nevada/
• Legal Aid Center of Southern Nevada: https://www.lacsn.org
• Assembly Bill 486 (80th Sess. 2021), 2021 Nev. Stat. ch. 405 (extending notice period to 7 judicial days)
• Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212, 163 P.3d 405 (2007) (strict construction of eviction notices)
• Nevada Lawyer (Dec. 2023), CLE Summary on Eviction Procedure: https://nvbar.org/wp-content/uploads/NevadaLawyer_Dec2023_CLE-Summary-Eviction.pdf