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"No Cause" Evictions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Notices

The landlord will serve a:

    1. 30-day “No Cause” Notice if the tenant pays rent by the month, or
    2. 7-day “No Cause” Notice if the tenant pays rent by the week

If the tenant does not move within the time provided in the first notice, the landlord may serve a 5-day “Unlawful Detainer” Notice

Notice Contents

“No Cause” Notices should inform the tenant:

    1. When the landlord expects the tenant to move and
    2. If the tenant pays rent by the month or some other time period (but not by the week) that if the tenant is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to remain in the rental unit for an additional 30 days by submitting a written request for an extended period and providing proof of his age or disability.

The 5-day “Unlawful Detainer” Notice should inform the tenant:

    1. That the tenant may oppose the notice by filing an Answer/Affidavit; and
    2. Which court the tenant may file their Answer/Affidavit

Responding to the Notices

Upon receipt of the “No Cause” Notice, the tenant may:

    1. Move within the time period provided by the notice;
    2. Send the landlord a written request to stay in the property for an additional 30 days (if the tenant does not pay by the week and is either over 60 or disabled) and, if the landlord rejects the request, file a Request to Continue in Possession requesting that the court give the tenant 30 more days in which to move; and/or
    3. Wait for the 5-day Unlawful Detainer Notice.

Upon receipt of the 5-day Unlawful Detainer Notice, the tenant may, no later than noon of the fifth full judicial day following the day of service:

    1. Move;  
    2. Send the landlord a written request to stay in the property for an additional 30 days (if the tenant does not pay by the week and is either over 60 or disabled) and, if the landlord rejects the request, file a Request to Continue in Possession requesting that the court give the tenant 30 more days in which to move;
    3. File an Answer with the Justice Court that is referenced in the notice; and/or
    4. 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. 

Frequently Asked Questions

When may a landlord use a “no cause” eviction notice?

 Only after the lease has expired or if there is no lease.

What defenses might a tenant raise in response to a “no cause” eviction notice?

    1. That there exists a valid lease.  If you have a lease agreement, your landlord may not seek to evict you without cause.
    2. That your landlord is evicting you for retaliatory or discriminatory reasons.  A landlord may not evict a tenant in retaliation for the tenant making a good faith complaint about the violation of a housing code, a health code, a criminal law, or the Fair Housing Act to either a governmental agency, the landlord or law enforcement or has sued the landlord for such violation.  PLEASE NOTE, in addition to raising the above issues as a defense in an eviction action, you may also sue for actual damages and punitive damages for up to $1,000.00.  See NRS 118A.510. A landlord may also not seek to evict a tenant based upon race, religious creed, color, national origin, disability, ancestry, familial status or sex and a tenant has a defense in an eviction action if the landlord is evicting for discriminatory reasons.  See  NRS 118.115.
    3. That you are over 60 years of age or are disabled.  This is not technically a defense to the eviction action but a tenant who is over 60 years of age or disabled, and who is not paying rent by the week, may request additional time in which to move.  See below.

What may I do if I received a “no cause” eviction notice and am over 60 years of age or disabled?

If you are a tenant who does not pay by the week and you are either over 60 years of age or have a mental or physical disability, you may send your landlord a written request to stay in the property for an additional 30 days.  If your landlord rejects the request, you may file a Request to Continue in Possession (link to form) requesting that the court give you 30 more days in which to move. 

PLEASE NOTE, sending a written request to your landlord or filing a petition will not stop the eviction so if you are in receipt of a 5-day “unlawful detainer” notice, you may wish to consider filing an answer if your landlord has not yet responded to your written request for 30 more days or if the court has not acted on your Petition.

Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155

Family Courts and Services Center
601 N. Pecos
Las Vegas, NV 89155

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