• Type of Notice
• Notice Contents
• Responding to the Notice
• Frequently Asked Questions
• Get a Copy of the Notice

Type of Notice

1. The landlord will serve a 5-day Notice to Pay Rent or Quit (for tenants who pay by the week, the landlord could serve a 4-day Notice).

Notice Contents

This notice should inform the tenant:

• When the rent became delinquent;
• How much money the tenant must pay;
• That the tenant must pay the rent or leave within 5 days; and
• That the tenant may oppose the notice by filing an Answer/Affidavit; and
• Which court the tenant may file their Answer/Affidavit
• Of the consequences of failing to file an affidavit and an attempt to illegally locked the tenant out in the exact language below:

That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order; and


That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant's entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.

Responding to the Notice

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. 

Frequently Asked Questions

What charges may a landlord evict a tenant for in a nonpayment of rent action?

“Rent” means both rent, as that term is commonly understood, and any late fees set forth in the rental agreement (NRS 118A.150), fees for dishonored checks or overdue security (NRS 40.253(9)).  A tenant may not be summarily evicted in a nonpayment of rent action for court costs, collection fees, attorney’s fees or other costs.

May a tenant withhold rent?

 Yes. A tenant may withhold rent for either:

• The failure of the Landlord to supply heat, air-conditioning, running water, hot water, electricity, gas, or another essential service.
• The failure of the Landlord to maintain the unit in a habitable condition.

There are, however, steps that a tenant must take before withholding rent.  See What To Do If Your Rental Unit Is Uninhabitable or Without Essential Services for further information.