7-DAY NOTICE TO PAY OR QUIT:
In Nevada, the Nevada Revised Statutes require a landlord serve a seven-day notice to the tenant prior to any eviction proceedings. The notice instructs the tenant to either pay the rent or “quit” (which means leave) the rental property. In order for a landlord to evict a tenant for nonpayment of rent, the landlord must “serve” (meaning provide a copy to the tenant) a Seven-Day Notice to Pay Rent or Quit on the tenant.(see NRS 40.512.) It is worth noting that under Nevada law, (as of July 2019) This notice must be posted by a licensed process server, constable, or attorney only. Landlords are not allowed to post these notices themselves. Specifically, the law states as follows:
NRS 40.2512 Unlawful detainer: Possession after default in payment of rent; exception.
1. Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of:
(a) Five days for a commercial premises;
(b) Seven judicial days for real property other than a commercial premises; or
(c) Ten days for a mobile home lot,
after service thereof. The notice may be served at any time after the rent becomes due.
2. Except as otherwise provided in NRS 118A.315, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
It is important to note that after service of the 7-day notice to pay rent or quit, a landlord cannot refuse to accept rent from the tenant. Rent includes late fees. However, a summary eviction cannot be ordered for fees such as court costs, collection fees, attorney fees, and the like. (NRS 118A.150, NRS 188A.220(1)c.) The statute also allows a shorter notice of five days for commercial tenants.
Basic Purpose of a 7 Day Pay or Quit Eviction Notice
To put it simply, a landlord can serve this notice on a tenant who is not paying their rent on time. In fact, this notice can be posted as soon as the next day after payment is actually due or the following day after grace period allowed in the lease agreement. This is the most common notice used to start the eviction process in Las Vegas, Henderson, North Las Vegas and the surrounding areas of Clark County. It is the beginning of the process to legally remove tenants from a property.
It is very important to note for every landlord that this notice is instructing the tenant to pay rent. Therefore, if the tenant receives the seven day notice to quit or pay rent and offers to make full payment of the rent, the landlord is legally required to except the rent and can no longer go forward with the evection process under this notice. A partial payment will not satisfy this requirement. Payment must be made in full by the tenant in order to stop the eviction process or the landlord can proceed with the additional steps required for eviction.
Often, Landlords will serve a thirty-day notice of unlawful detainer at the same time as the seven day notice to quit. Look for our Blog next week to learn about the 30-day notice. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and landlords in need of counsel. At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.
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