I received a 5 day notice to pay rent or quit in Las Vegas, NV. I paid a partial rent payment (which was gladly accepted by the landlord). The 5 day notice is now past the 5 days originally given (it was issued on the 18th, and it's now the 26th). Can the landlord still evict me using the old 5 day notice, or does he need to issue a new 5 day notice? I plan on paying the remainder of the rent soon, I just don't have it today and he's threatening to call the sheriff, saying the original 5 day notice is valid for 30 days. This doesn't make sense to me, but I'm not sure. An answer ASAP would be appreciated! Thanks!
Estate Planning Attorney
NRS 40.253 requires the court to hold a hearing if you contest the eviction but do not have a legal defense. The main purpose is to ask the court for more time to either pay the rent because of a personal hardship or need more time to move under NRS 70.010.
Your Landlord is correct that a notice will expire after thirty (30) days if the Landlord fails to file a complaint after the expiration of the applicable 5-day notice. If the notice expires after the 30-day window a new 5-day notice will need to be served before the Landlord can proceed with the Summary Eviction.
I recommend you contest the eviction by filing an answer to the notice in justice court. Go to the scheduled hearing and tell your story to the Judge and ask for an extension to the eviction. Best of luck.
I am a lawyer but I am not your lawyer, so get a second opinion and do not rely exclusively on my answer.
Employment / Labor Attorney
If your landlord wants to evict you, then the landlord will first need to file the 5 day notice along with an affidavit of complaint with the Court. If you don't file an affidavit in response, then the court will sign an eviction order.
As stated above, the only way to protect yourself is to file a response with the justice court. However, please note the only way to ensure you won't be evicted is to pay the rest of the rent. Best of luck to you.
Family Law Attorney
I agree with Mr. Coons and Mr. Cecil. You should contest the eviction, file an Answer, and speak to the Judge about the facts of your case. This will buy you additional time in which to gather the money you will likely still owe your landlord in the meantime. Best of luck to you.