A “No Cause” eviction in Nevada occurs when the eviction is based on the lease’s expiration or when there is no lease between the landlord and tenant. There are specific rules governing this type of eviction which are summarized below.
Notices Required for No Cause Eviction
The notice required for a No Cause eviction depends on the frequency of the tenant’s rental payments. A 30-day No Cause Notice is required if the tenant pays rent by the month. A 7-day No Cause Notice is used 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 on the tenant. This notice must inform the tenant that he must move out on a date certain after the five day period expires. The 5-day Unlawful Detainer Notice must also inform the tenant of his or her right to oppose the notice by filing an Answer/Affidavit, and which court the tenant may file an Answer/Affidavit in response to the Unlawful Detainer Notice.
Service of No Cause Eviction Notices
Both notices must be “served” on the tenant by a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada. A landlord cannot serve the notices. (NRS 40.280(1).)
Service can be accomplished in three ways (1) by delivering a copy to the tenant(s) personally, in the presence of a witness, (2) by leaving a copy with a person of suitable age and discretion and then mailing a copy to the tenant (if personal service cannot be effected), or (3) by posting a copy on the property and mailing a copy to the tenant if the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there,
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) file an Answer with the Justice Court that is referenced in the notice, (3) file a Motion to Stay, which asks that the court delay the eviction for up to 10 days pursuant to NRS 70.010, or (4) send the landlord a written request to be allowed to stay in the property for an additional 30 days. The tenant may request an additional 30 days only if rent is paid monthly and the tenant elderly or disabled. If the landlord rejects the request, the tenant can file a Request to Continue in Possession with the court requesting that the court give the tenant 30 more days in which to move. Sending a written request to the landlord or filing a petition does not stop the eviction,
Potential Defenses to a No Cause Eviction Notice
Common potential defenses to a “No Cause” eviction notice are that (1) a valid lease exists, or (2) the landlord is motivated by retaliatory or discriminatory reasons. In addition to raising the above issues as a defense in an eviction action, the tenant may also sue for actual damages and punitive damages for up to $1,000.00. See NRS 118A.510.
Please contact us with any questions regarding the above or if you are ready to start a case. We can be reached at 888-441-2355, Ext. 2 or info@lynxlegal.com. You can also schedule a free telephonic consultation on our website to discuss your needs and issues.