Using a 3-Day Notice to Evict a Nevada Tenant Based on Illegal Activity

Nevada law requires a landlord to serve a three-day notice on the tenant when the reason for the eviction is illegal activity.  Here is an overview of the types of illegal activities that will support an eviction, the authorized methods of service of the notice, and the steps needed to complete an eviction after the notice expires.    

What Types of Illegal Activities Support an Eviction Under Nevada Law?

Under Nevada law, the types of illegal activities that will support an eviction are as follows:

• Committing or permitting a “nuisance” on the rental property;
• Assigning or subletting the rental property in violation of the lease;
• Committing or permitting “waste” (damage or destruction) on the rental property;
• Setting up or carrying on an unlawful business on the rental property; or
• Violating a controlled substance law

A “nuisance” is “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).)

Unlawful subletting occurs when the lease precludes the tenant from assigning the tenant’s interest in the tenancy to another or collecting rent from another under a sublease arrangement.  However, a landlord cannot unreasonably withhold consent to a tenant’s request to assign or sublet the property.

“Waste” generally means some harmful or destructive use of the property by someone in rightful possession that decreases the property’s value.  “Committing waste” means that a person is doing something or taking some action that is causing harm to the property.  “Permitting waste” means that a person is failing to prevent or affirmatively allowing harm to the property.

Conducting an “unlawful business” at the property is not specifically defined in the controlling statute (NRS 40.2514), but the term connotes some type of business prohibited or strictly regulated under Nevada law.  (See Gasser v. Jet Craft Ltd., 87 Nev. 376, 487 P.2d 346 (1971).)

• A tenant can also be evicted for certain drug-related activity (specifically, for any violation of the controlled substance laws in NRS 453.011 to 453.55 (except NRS 453.336 – unlawful possession of a controlled substance).

Service of a 5 Day Notice Required After Expiration of the 3 Day Notice

The 3-Day Notice must be followed by a second 5-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant’s possession is unlawful. Unlawful detainer essentially means the tenant is a holdover after the tenancy has been terminated. The 5 Day Unlawful Detainer notice must advise the tenant that he or she has five business days to move or file a tenant’s affidavit with the justice court to ask for a hearing on the matter. 

How to Serve the 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).)

How to Calculate the Notice Periods

The days specified by the 3 and 5-day notices are business days and not calendar days, meaning they do not include weekends, holidays, or days the court is closed. The day of service does not count when calculating the 3 and 5-day notice periods. 

Tenant’s Options for Responding to a 3 and 5- Day Notice

When the tenant receives the 3-Day Notice to Quit for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Violation, the tenant may:

• Move;
• Wait to receive the 5-Day Notice to Quit for Unlawful Detainer and then file an affidavit/answer with the justice court no later than the fifth full “judicial day” to oppose the notice or
• File a motion with the court, asking the court to “stay” (delay) the eviction for up to ten days (pursuant to NRS 70.010).

If the tenant does not file an affidavit or move out, the landlord can obtain an eviction order from the judge at the end of the 5 day period of the second notice, without any further notice to the tenant. The constable or sheriff will then serve the eviction order on the tenant and lock the tenant out 24-36 hours after service of the order.

Please contact Lynx Legal at 888-441-2355 or info@lynxlegal.com with any questions regarding the above, or if you are ready to start a case. Our experienced professionals are standing by to assist in any way we can.