Nuisance, Assignment or Subletting, and Unlawful Business
- Type of Notices
- Notice Contents
- Responding to the Notice
- Frequently Asked Questions
- Get a Copy of the Notices
- The landlord will serve a 3-day Notice to Quit and
- If the tenant does not move within those 3 days, the landlord may serve a 5-day “Unlawful Detainer” Notice.
The 3-day Notice to Quit notice should inform the tenant:
- What they are alleged to have done or failed to do; and
- That the tenant must leave within 3 days
The 5-day “Unlawful Detainer” Notice should inform the tenant:
- That the tenant may oppose the notice by filing an Answer/Affidavit; and
- Which court the tenant may file their Answer/Affidavit
Upon receipt of the 3-day Notice to Quit, the tenant may:
- Move; or
- 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 (link to glossary) following the day of service:
- 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.
What is a nuisance?
A nuisance is defined as “conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures.” NRS 40.2514(4). A tenant may also be evicted for certain drug related activity whether or not these actions meet the definition of a “nuisance.”
When may a tenant be evicted for assigning or subletting?
If the lease prohibits a tenant from assigning his interest in the tenancy or from subletting the rental premises, the landlord may seek to evict. A landlord may not, however, unreasonably withhold his consent to a tenant’s request to assign/sublet the property.
What is an unlawful business?
The statute suggests that the business itself must be unlawful. If having a lawful business violates the lease, the landlord would be likely be required to evict in accordance with NRS 40.2516 which applies to lease violations.
