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  1. #1
    Join Date
    Dec 2005
    Location
    Las Vegas, Nevada
    Posts
    2

    Default Nevada 5-Day Notice to Pay or Quit

    Hello:

    My family moved into a home in Las Vegas in July 2005. We had a rough start, financially, but discussed this with the landlord, and came to an agreement on how and when to pay the rent and security deposit. We have two issues....one is that the security deposit has been given to, and spent by the landlord for her personal bills. It was my understanding that this deposit is supposed to be put in a secure account and not used unless it is for repairs, etc after a tenant moves out. And second, our rent is due on the first, and this morning, 12-2, we had a 5-day pay or quit notice on our door. However, it has no date, and says on it that it must be notarized after being signed by the server, (in this case the land lord) and a witness....and that the tenant is supposed to sign the affidavit when it was served. There is no date, there is not witness signature, and there is no notary mark, signature, etc. Can anyone tell me if this is a legal notice when it is missing so many items? Any help is tremendously appreciated. Also, if I was served by post on my door today, Friday, when is my 5 days up to file an answer? The courthouse says that it is only judicial days that are counted, and that Sat & Sun don't count, and the day that service was made also doesn't count. So I am thinking that next Friday would be my deadline. Does this sound right? Thanks again!!

  2. #2
    Join Date
    Nov 2005
    Posts
    310

    Default

    You are going to have to research Nevada law, unless someone is willing to do it for you.

    Not all states require that a security deposit be kept separate, and not all landlords follow the law. In some cases there are remedies and/or penalties for this.

    It sounds as if the notice to pay or quit is defective. But if you pay your rent, you don't have to worry about it. Some landlords routinely give pay or quit notices when a tenant is 1 day late so they may follow through with an eviction in a timely manner, if necessary. Keep in mind that the 2nd of the month is 1 day late. But, if state law or the lease allow for a grace period, then any notice served before the grace period expires is invalid. If you recieve an eviction complaint based on a faulty notice, take it seriously, because the court might not hrow out the complaint if you are not there to object to it.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,775

    Default Paying Rent

    It sounds like you were late with your rent, so you were served with a formal notice giving you five days to either pay the rent you owe or move. If you do not do either, presumably your landlord will commence an action to evict you. So... it's probably best to pay the rent.

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