How to Respond to an Eviction Notice
Step 1: Understand How The Eviction Process Works
Step 2: Determine How Much Time You Have To Take Action
Step 3: Move, File An Answer, And/Or Comply With The Eviction Notice
Step 4: Attend Your Court Hearing, If Necessary.
Step 1: Understand How The Eviction Process Works
Getting an eviction notice can be an overwhelming experience. Taking the time to understand how the eviction process works will help you evaluate your options so that you can make the best decision possible under the circumstances.
Step 1.1: How Is Your Landlord Trying To Evict You?
You first need to determine how your landlord is trying to evict you. This is important as what you file and how much time you have to take action will depend on whether your landlord is trying to evict you through: the Summary Eviction Process or the “Formal” Eviction Process.
If your landlord is using the Summary Eviction Process, as most landlords do, he or she may send you any one of the following types of notices. Click on the following links for specific information regarding how to respond to an eviction notice based on any of the above reasons:
Pay Rent or Quit (You will receive a single 5-day notice)
Nuisance, Assignment/Subletting, or Unlawful Business (You will receive a 3- day notice that will be followed by a 5-day “Unlawful Detainer” notice)
Lease Violation (You will receive a 5-day notice that will be followed by a 5-day “Unlawful Detainer” notice)
“No Cause” (You will receive a 7 or 30-day notice, depending on whether you pay rent by the week or month, followed by a 5-day “Unlawful Detainer” notice)
Tenancy-at-Will (You will receive a 5-day notice that will be followed by a 5- day “Unlawful Detainer” notice)
If your landlord is using the “formal” eviction process, as banks which have foreclosed on a residence and mobile home parks are generally required to do, he or she will send you:
- an eviction notice that will be followed by a summons and complaint
Step 1.2: Choose How To Respond
When you receive an eviction notice(s) or an eviction notice followed by a complaint, your options are generally to:
a.) Move,
b.) Comply with the notice (ie pay rent or remedy the lease violation) or
c.) File an Answer with the court
If your landlord is using the summary eviction process and you file an Answer, the court will hold a hearing, usually within a week, to determine whether an order for summary eviction should be granted. We have provided the following flowcharts to show how the summary eviction process works for evictions for non-payment of rent and for evictions for reasons other than non-payment of rent.
If your landlord is using the “formal” eviction process, your landlord may serve you with an “Order to Show Cause” or Notice of Trial Setting that already schedules an eviction hearing.
Step 2: Determine How Much Time You Have To Take Action
How much time you have to act in response to an eviction notice, depends on:
a. How Much Time Is Given In The Notice and
b. Whether You Were Served Personally Or By Mail
If you were personally served with a Notice to Pay Rent or Quit or an “Unlawful Detainer” Notice, you must file an Answer on or before noon on the 5th full judicial day following service of the notice. If the notice was served by mail, you have 3 additional calendar days in which to file his affidavit [see JCRCP 6(e)].
a. How Much Time Is Given In The Notice?
If the notice tells you to take action in 10 days or less (as nearly all eviction notices will), you count judicial days. That is, you do not count:
- The day of service
- Weekends or
- Legal Holidays
If the notice tells you to take action in 11 days or more (ie a 30-day “no cause” notice), you count calendar days. That is, you do not count the day of service but you do count weekends and legal holidays.
b. How Were You Served?
If you were served with the notice by mail, you add 3 calendar days to the time in which you have to take action. If you were served personally, you do not add any additional time.
EXAMPLE #1: You were personally served a 5-day Notice to Pay Rent or Quit or 5-day Unlawful Detainer Notice on a Monday
You have until noon on the following Monday in which to take action (ie you do not count the day of service or the weekend: 1. Tuesday, 2. Wednesday, 3. Thursday, 4. Friday, 5. Monday)
EXAMPLE #2: You were served a 5-day Notice to Pay Rent or Quit or 5-day Unlawful Detainer Notice by Mail on a Monday
You have until noon on the following Thursday in which to take action (ie you do not count the day of service or the weekend: 1. Tuesday, 2. Wednesday, 3. Thursday, 4. Friday, 5. Monday AND add 3 calendar days: 1. Tuesday, 2. Wednesday, 3: Thursday)
Upon receipt of the Notice, the tenant may, no later than noon of the fifth full judicial day following the day of service:
- Pay the rent demanded;
- Move;
- File an Answer with the Justice Court that is referenced in the notice; or
- File a Motion to Stay in which you ask that the court delay the eviction for up to 10 days pursuant to NRS 70.010. Please note, you may file this Motion to Stay instead of filing an Answer or may file a Motion to Stay after the eviction order is entered.
The tenant should do one of the above no later than noon of the fifth full judicial day following the day of service.
