TERMINATION NOTICES BY LANDLORDS TO TENANTS LANDLORD INSTRUCTIONS (Forms #1 through #7) WHAT IS INCLUDED IN THIS PACKET? Termination notices are comprised of two types of notices as follows: Termination Notices Form #1 Form #2 No-Cause Termination Notice to Vacate (NR 40.251) Notice of Termination for Violation of Lease or Rental Agreement (NRS 40.2516) Form #3 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) Five-Day Notices of Unlawful Detainer Form #4 Five-day Notice of Unlawful Detainer for Failure to Vacate Rental Unit (No-Cause Termination) (NRS 40.251) and Notice of Summary Eviction (NRS 40.254) Form #5 Five-day Notice of Unlawful Detainer for Failure to Vacate Rental Unit (Violation of Lease or Rental Agreement) (NRS 40.2516) and Notice of Summary Eviction (NRS 40.254) Form #6 Five-day Notice of Unlawful Detainer for Failure to Vacate Rental Unit (Wrongful Assignment or Subleasing, Waste, Unlawful Business, Nuisance or Violation of Controlled Substances Laws) (NRS 40.2514) and Notice of Summary Eviction (NRS 40.254) Form #7 Five-day Notice of Unlawful Detainer for Non-Payment of Rent (NRS 40.2512) and Notice of Summary Eviction (NRS 40.253) Apartment Landlord Instructions Termination Notices Refers to Forms #1 through #7 1 of 14 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com FILLING OUT #1 No-Cause Termination Notice to Vacate, Form #1, should be used to terminate a tenancy for no cause. Tenancies without a fixed ending date, such as month-to-month or week-to-week tenancies, may be terminated without cause by serving the correct notice upon the tenant. The notice must inform the tenant that he or she must surrender the rental unit within a certain time (dependent on the type of tenancy) and must be served in conformance with NRS 40.280(1). In the case of month-to-month tenancies, the tenant must be noticed and given thirty (30) calendar days after service of the No-Cause Termination Notice to Vacate, Form #1; in the case of week-to-week tenancies, the tenant must be noticed and given seven (7) judicial days1 after service of the No-Cause Termination Notice to Vacate; and for tenancies at will, the tenant must be noticed and given five (5) judicial days after service of the No-Cause Termination Notice to Vacate. In the case of a fixed-term lease (one with a fixed ending date) that is not being renewed, the landlord must still provide the tenant with the proper notification that the tenancy will not be renewed and is being terminated at the end of the lease term. Note that a fixed-term lease may not be terminated for no cause during the lease term, unless the lease so provides. If a tenant who is 60 years of age or older or a tenant who has a physical or mental disability pays periodic rent on any basis, other than a week-to-week, the tenant may make a written request to the landlord, with proof of age or disability attached, to continue in possession for an additional thirty (30) calendar days. All no-cause termination notices, as well as breach of lease notices for landlords subject to Chapter 118A of the Nevada Revised Statutes, must explain these requirements. If the tenant fails to vacate at the end of the applicable time frame, the tenancy legally terminates, and the landlord may subsequently initiate a summary eviction action by filing the applicable Five-Day Notice of Unlawful Detainer and Landlord's Affidavit/Declaration for Summary Eviction. 1 "Judicial Days" do not include date of service, weekends or legal holidays. Apartment 2 of 14 Landlord Instructions Termination Notices Refers to Forms #1 through #7 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com Complete the Notice as follows: · · · · · Fill in the tenant name, address and date of service. Provide the rental unit location. Check the appropriate time period that applies, Numbers 1 through 6. that Numbers 4 and 5 require a date to be filled in. Fill in the date required at the "ATTENTION!" paragraph. Provide the landlord name, address and phone and then sign, print your name, and put in the date where indicated in the signature block. AFFIDAVIT/DECLARATION OF SERVICE AND SIGNATURE AND NOTARY PUBLIC / DECLARATION SECTION Affidavit/Declaration of Service Nevada law requires that the landlord serve notices to tenants of the termination of their tenancies. This is done in any one of three (3) ways as outlined in NRS 40.280. The document that records and proves the method of notification is an Note Affidavit/Declaration of Service. To complete the form correctly, read the alternative methods of service described in the form. Be sure to pick the appropriate one and follow it strictly. Make sure that if service was made personally, the server, the tenant and a witness sign the form. If the service was made on someone else other than the tenant at the tenant's residence or business and a copy was mailed to the tenant, make sure that you attach a United States Postal Service Certificate of Mailing to the Affidavit/Declaration of Service to prove that a copy was mailed to the tenant. If service was made by posting a copy at the residence and mailing a copy to the tenant, make sure that you attach a United States Postal Service Certificate of Mailing to the Affidavit/Declaration of Service to prove that a copy was mailed to the tenant. Failure to give lawful notice may result in the dismissal of the eviction and require that a new notice process begin again. Signature and Notary Public/Declaration Section You have a choice between signing the document in front of a notary, making the document an affidavit, or signing a declaration without a notary. Generally, clerks are Apartment Landlord Instructions Termination Notices Refers to Forms #1 through #7 3 of 14 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com available to certify that you signed the document. However, both alternatives mean that if you are not being truthful, you could be prosecuted for perjury. FILLING OUT FORM #2 Notice of Termination for Violation of Lease or Rental Agreement, Form #2, should be used when the tenant is in breach of the lease or rental agreement. The landlord must specify the "acts and omissions constituting the breach" in the notice. The landlord must detail the