TENANT'S AFFIDAVIT/DECLARATION (Other than Nonpayment of Rent - Private Housing) TENANT INSTRUCTIONS (Form #16) You should use this instruction sheet when the landlord is evicting you from private (not publicly-subsidized) housing, but is doing so for some reason other than that you are behind in the payment of your rent. You will be filling out Form #16, TENANT'S AFFIDAVIT/DECLARATION (Other than Nonpayment of Rent - Private Housing). Under Nevada law, assuming the proper notices are given, the landlord may try to evict you without giving any reason (a "no-cause" eviction) or the landlord may allege that you did something wrong (a "for-cause" eviction). The landlord may do this by serving a sequence of two notices, one after the other. The last notice should contain language advising you of your right to contest the notice by filing within 5 judicial days1 an affidavit with the court that has jurisdiction over the matter that you are not guilty of an unlawful detainer. The law requires that you file your Tenant's Affidavit/Declaration by noon of the 5th judicial day following getting served the notice to leave the rental unit by your landlord. If you don't arrive by noon, some court clerks may accept it up until closing, but some will not. If the 5th day ends on a Saturday, Sunday, or holiday, you have until noon on the next day the court is open to file your Tenant's Affidavit/Declaration. If you fail to file your Tenant's Affidavit/Declaration within the required number of days, the eviction will be granted by default and you may be evicted within 24 hours. If you file an affidavit, the court will schedule a hearing where you may appear to explain to the judge why you should not be evicted. If you fail to appear, you may be evicted within 24 hours. 1 Apartment "Judicial Days" do not include date of service, weekends or legal holidays. Page 1 of 9 Tenant Instructions Tenant's Affidavit/Declaration (Other than Non-Payment of Rent - Private Housing) Refers to Form #16 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com FILLING OUT FORM #16 Heading Fill in the name of the township and county of the Justice Court where the rental unit is located. Parties You must fill in the names, addresses and phone numbers of the Landlord/Plaintiff and Tenant/Defendant. Case No. and Dept. No. Leave blank. The court will assign a Case Number and a Department Number. Body of Affidavit Number 1 Fill in the name of the township and county. Number 2 Fill in the date you started renting. Number 3 You will most likely have received two notices.2 The first one is likely to be one of the following: A. 30-Day Notice ­ No-Cause Termination Notice to Vacate (NRS 40.251), B. 7-Day Notice ­ No-Cause Termination Notice to Vacate (NRS 40.251), C. 5-Day Notice ­ Notice of Termination for Violation of Lease or Rental Agreement (NRS 40.2516), or D. 3-day Notice ­ Notice of Termination and Notice to Vacate for Wrongful Assignment or Subleasing, Waste, Unlawful Business, Nuisance or Violations of Controlled Substances Laws (NRS 40.2514). 2 Only one notice is required if your tenancy has expired by its very terms, i.e., the end of a one-year lease. Apartment Tenant Instructions Tenant's Affidavit/Declaration (Other than Non-Payment of Rent - Private Housing) Refers to Form #16 ©2006 Nevada Supreme Court Revised: April 14, 2006 Page 2 of 9 American LegalNet, Inc. www.FormsWorkflow.com Depending on which one you received, you should check the appropriate notice (A, B, C, or D) that applies. Following the first notice you should have received a second 5-day notice, usually called a Five-Day Notice of Unlawful Detainer (NRS 40.253 or NRS 40.254). Numbers 4 - 13 Check those that apply to your situation These sections state that you have a legal defense or defenses, that is, a reason or reasons why you should not be evicted which are recognized by state law or your lease. State law, generally found in Nevada Revised Statutes (NRS) Chapters 40 and 118A, is available in many libraries or on the internet at http://www.leg.state.nv.us/NRS/Index.cfm. Number 4 This sentence states that you have received a no-cause notice but your lease has not expired (ended). For example, you are in the middle of a 12-month lease, but the landlord has served you with a 30-day, no-cause notice. Fill in the date. Number 5 This section states that you received the wrong type of notice required by Nevada law. For example, the landlord has served you with a 5-day, no-cause notice when you are entitled to 30 days. Check A, B, C, or D, depending on the statutorily required number of days. Number 6 This section states that you received a Five-Day Notice of Unlawful Detainer, but that you have a defense. You may simply disagree with the landlord that you broke the lease. For example, the notice states that you failed to cut the grass and you know that you did. Apartment Tenant Instructions Tenant's Affidavit/Declaration (Other than Non-Payment of Rent - Private Housing) Refers to Form #16 ©2006 Nevada Supreme Court Revised: April 14, 2006 Page 3 of 9 American LegalNet, Inc. www.FormsWorkflow.com You may not have received a notice of your right to cure an alleged breach of your lease within 3 days. The notice should include language informing you that you can cure the breach of your lease within 3 days. For example, if the lease requires you to cut the grass and you get a notice saying you have not cut the grass, you may cure the breach by cutting the grass within 3 days. If you are an NRS 118A tenant,3 you have a right to cure an alleged breach of your lease within 5 days. You are not an NRS118A tenant if you reside in conventional public housing. The notice should include language informing you that you can cure the breach of your lease within 5 days. For example, if the lease requires you to cut the grass and you get a notice saying you have not cut the grass, you may cure the breach by cutting the grass within 5 days. You may have corrected the breach of your lease within 3 days (or 5 days if your tenancy is governed by NRS Chapter 118A - see above). For example, if the lease requires you to cut the grass and you get a notice saying you have not cut the grass, you may cure the breach by cutting the grass. You should receive a second 5-day notice following a 5-day notice for breach of lease. The second notice is usually called a Five-Day Notice of Unlawful Detainer (NRS 40.254). Check A, B, C, D, or E,