TENANT'S AFFIDAVIT/DECLARATION (Public or Publicly Subsidized Housing: Other than Non-Payment of Rent) TENANT INSTRUCTIONS (Form # 15) Form #15 is for public or publicly-subsidized housing tenants where the eviction is based on a reason other than your failure to pay rent. It may be either for "no cause" or based upon an allegation that you did something wrong, i.e., "for cause." If you are a public housing tenant or a subsidized housing tenant, you should attach a copy of your lease and indicate on the Tenant's Affidavit/Declaration that you are a public housing or subsidized housing tenant. You will be filling out Form #15, TENANT'S Affidavit/Declaration (Public or Publicly Subsidized Housing: Other than Nonpayment of Rent). The landlord may not have alleged that you did anything wrong but may simply have given you a 30-day notice for "no cause." Tenants of public housing or other subsidized housing generally cannot be evicted without cause. There are some exceptions to this general rule. Section 8 tenants may be evicted following the initial lease period if the lease allows it. A housing authority may choose not to renew a tenant's lease in conventional public housing if the tenant has violated certain program requirements. If your lease is not renewed, contact an attorney. Depending upon the type of housing you live in, the landlord may have to give you up to three (3) separate notices before the court can evict you. At minimum, two (2) notices must be given. These will be described below. The last notice should contain language advising you of your right to contest the notice by filing a Tenant's Affidavit/Declaration that you are not guilty of an unlawful detainer. This document should be filed with the court that has jurisdiction over the matter. The law requires that you file your Tenant's Affidavit/Declaration by noon of the 5th judicial Apartment Tenant Instructions Tenant's Affidavit/Declaration (Public or Publicly Subsidized Housing: Other than Non-Payment of Rent) Refers to Form #15 Page 1 of 12 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com day1 following your being served the notice by your landlord to leave the rental unit. If you do not 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 a Tenant's Affidavit/Declaration, the court will schedule a hearing where you may appear to explain to the judge why you should not be evicted. To file the Tenant's Affidavit/Declaration, you will be required to pay a filing fee unless the court waives it due to your inability to pay.2 If you fail to appear at the scheduled hearing, you may be evicted within 24 hours. FILLING OUT FORM #15 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 the Affidavit Number 1 Fill in the name of the township and county. Number 2 Check 2.A. or 2.B., indicating whether you reside in conventional public housing (owned and operated by a Housing Authority with an operating subsidy 1 2 "Judicial Days" do not include date of service, weekends or legal holidays. See the section entitled "How to File a Tenant's Affidavit/Declaration" to request waiving fees and cost. Apartment Page 2 of 12 Tenant Instructions Tenant's Affidavit/Declaration (Public or Publicly Subsidized Housing: Other than Non-Payment of Rent) Refers to Form #15 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com from the federal government) or another type of government subsidized housing like Section 8, Section 202, etc. Number 3 Fill in the date you started renting. Number 4 You will most likely have received two notices.3 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). 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). DEFENSES UNDER FEDERAL LAW OR YOUR LEASE (Numbers 5 ­ 11) Check those items 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 federal law or your lease. 3 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 (Public or Publicly Subsidized Housing: Other than Non-Payment of Rent) Refers to Form #15 Page 3 of 12 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com Number 5 This sentence states that the landlord has not given a reason for evicting you. As noted above, tenants whose rent is subsidized by the government4 generally cannot be evicted through the summary eviction process for "no cause." Depending on what the landlord is complaining of, the first notice may be a 30-day notice, a 10day notice, or a 5-day notice, but in any case, that notice must state what the landlord is complaining about in detail. As noted above, here are some exceptions to this general rule. In Section 8 housing, good cause is not required at the end of the initial lease period (usually twelve months) if the new lease does not require it. In conventional public housing, the housing authority may choose not to renew a lease if the tenant violates certain program rules. If your lease is not