WHAT IS A FIVE-DAY NOTICE TO QUIT OR PAY RENT?

In the state of Nevada every eviction by landlord against the tenant begins with some type of notice. There are several types of notices that are used, and they can be found at https://www.civillawselfhelpcenter.org/forms/eviction-housing-forms. This blog is one of a series of blogs that describes each notice, why it is used, and what ramifications follow when the notice is presented. Each eviction situation is different and various notices apply to specific separate situations. There are different notices for manufactured homes and non-manufactured homes. The average cost of the process for landlord to evict a tenant, not including attorney’s fees, is usually around $200 from start to finish depending on each specific situation. Evictions can vary in time greatly and can take anywhere from 10 days all the way up to 180 days which are dependent on the specific circumstance of each specific case. Interestingly, Nevada Revised Statute 118A.390 makes it illegal for a landlord to independently –by himself — carry out the entire addiction. A landlord cannot lock out a tenant without the involvement of the court, the sheriff, or the constable. In addition, a landlord cannot try to force the tenant from the property by making the conditions uninhabitable by doing things like turning off power or water to the property. This blog will specifically address the five day notice to quit or pay rent and discuss when and why it is used.


Specifically, a “Five day notice to quit or pay rent” can be served on the tenants on the first day that the tenants rent becomes delinquent under the lease– setting aside in a grace period. This notice advises the tenant they have five days to pay the rent that is delinquent or vacate the property. If they do not vacate the property, the notice will be followed by the posting of a five-day notice of unlawful detainer meaning that the tenant is now in unlawful possession of the property and must vacate the property.  Most evictions for non-payment of rent in Clark County start with the serving of the Five day notice to quit or pay rent and are then followed by the five-day notice of unlawful detainer.  The five-day notice of unlawful detainer is the last step to precede the filing of a summary eviction. Once a notice of unlawful detainer notice is given, the tenant occupancy of the premises has been deemed unlawful. In almost every case, the notice of unlawful detainer will follow other notices that had been given and expired.

If you are a tenant and unable to pay rent, and you are served with a five day notice to quit or pay rent that form., As indicated by the form above is your landlord’s admonition that you will be removed from the premises if you do not pay the rent owed within five days. Five days is calculated by days Monday through Thursday not counting the date that the notice was served. Fridays Saturdays and Sundays and legal holidays are not calculated within the five days. If the five days lapses and the tenant has not paid rent, the landlord will serve a five day notice unlawful detainer. If the tenant does not leave the property at the expiration of the five-day notice of unlawful detainer, the landlord can submit a summary motion and submit lock out instructions to the constable. The constable will then take the courts order granting eviction and change the locks on the premises. The following is the form Five day notice to quit or pay rent used in Nevada for non-payment of rent.

FIVE DAY NOTICE TO QUIT OR PAY RENT (form)

TO: FROM: 

Tenant(s) Name(s): Landlord’s Name 

Address 

City, State Zip Code City State Zip Code 

Date of Service: Manner of Service: [ ] Personal 

[ ] Substituted/Mailing 

[ ] Posting/Mailing 

PLEASE TAKE NOTICE that you are in default in payment of rent for the above described premises in the sum of $__________________________________ for the period commencing from to ___________________. Rental payment(s) became delinquent on . 

Your failure to pay rent, leave the premises, or contest this Notice within five (5) judicial days1 may result in the landlord applying to the Justice of the Peace of the Township for an Eviction Order. 

1 Judicial days do not include the date of service, weekends, or certain legal holidays. 

If the Justice of the Peace determines that you are guilty of an unlawful detainer, the Justice of the Peace may thereupon issue a summary order to remove you from, or provide for your non-admittance to, the above described premises that directs the constable or sheriff of this county to remove you within 24 hours after receipt of the order. 

The tenant is hereby advised of his right to contest this Notice by filing, with the Justice of the Peace of the Township, an Affidavit stating that he is not in default in the payment of rent. 

The tenant may also file an Affidavit requesting relief from the above referenced Justice of the Peace, pursuant to Nevada Revised Statute (NRS) 118A.390, if the landlord has unlawfully removed the tenant from the premises or has excluded the tenant by blocking, or attempting to block, the tenant’s entry upon the premises; or if the landlord willfully interrupts or FIVE-DAY NOTICE TO PAY RENT OR QUIT causes or permits the interruption of an essential service required by a the governing rental agreement or chapter 118A of NRS. 

The Justice of the Peace is located at ____________________________ ___________________________________. The Affidavit must be filed with the Court no later than noon on the fifth full judicial day following the date of service. The Affidavit may be accessed at the Nevada Supreme Court Self-Help Center at its website at http://www.nevadajudiciary.us/ 

DECLARATION OF SERVICE 

On __________________, I served this Notice in the following manner (select one): 

[ ] By delivering a copy to the tenant(s) personally, in the presence of a witness (the server, witness, and tenant must all sign a copy of the notice); 

(date) (type or print witness’ name) (witness’ signature) 

Tenant’s Signature OR 

[ ] Because the tenant(s) were absent from their place of residence or from their usual place of business, by leaving a copy with __________________________, a person of suitable age and discretion, at either place and mailing a copy to the tenant(s) at their place of residence or place of business; OR 

[ ] Because the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there, by posting a copy in a conspicuous place on the property, delivering a copy to a person there residing, if the person could be found, and mailing a copy to the tenant(s) at the place where the property is situated. 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. 

(date) (type or print server’s name) (server’s signature)

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