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40.280 - Service of notices to quit; proof required before issuance of order to remove.

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40.280  Service of notices to quit; proof required before issuance of order to remove.       1.  Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:       (a) By delivering a copy to the tenant personally, in the presence of a witness;       (b) If the tenant is absent from the tenant’s place of residence or from the tenant’s usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the tenant’s place of residence or place of business; or       (c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.       2.  Service upon a subtenant may be made in the same manner as provided in subsection 1.       3.  Before an order to remove a tenant is issued pursuant to subsection 5 of NRS 40.253, a landlord shall file with the court a proof of service of any notice required by that section. Before a person may be removed as prescribed in NRS 40.290 to 40.420, inclusive, a landlord shall file with the court proof of service of any notice required pursuant to NRS 40.255. Except as otherwise provided in subsection 4, this proof must consist of:       (a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;       (b) A certificate of mailing issued by the United States Postal Service; or       (c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.       4.  If service of the notice was not delivered in person to a tenant whose rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, proof of service must include:       (a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or the landlord’s agent; or       (b) The endorsement of a sheriff or constable stating the:              (1) Time and date the request for service was made by the landlord or the landlord’s agent;              (2) Time, date and manner of the service; and              (3) Fees paid for the service.       [1911 CPA § 649; RL § 5591; NCL § 9138]—(NRS A 1961, 413; 1967, 196; 1985, 231, 1418; 1987, 701; 1995, 1854; 2007, 1287; 2009, 2786)      
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  • 40.280  Service of notices to quit; proof required before issuance of order to remove.

          1.  Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:

          (a) By delivering a copy to the tenant personally, in the presence of a witness;

          (b) If the tenant is absent from the tenant’s place of residence or from the tenant’s usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the tenant’s place of residence or place of business; or

          (c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.

          2.  Service upon a subtenant may be made in the same manner as provided in subsection 1.

          3.  Before an order to remove a tenant is issued pursuant to subsection 5 of NRS 40.253, a landlord shall file with the court a proof of service of any notice required by that section. Before a person may be removed as prescribed in NRS 40.290 to 40.420, inclusive, a landlord shall file with the court proof of service of any notice required pursuant to NRS 40.255. Except as otherwise provided in subsection 4, this proof must consist of:

          (a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;

          (b) A certificate of mailing issued by the United States Postal Service; or

          (c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.

          4.  If service of the notice was not delivered in person to a tenant whose rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, proof of service must include:

          (a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or the landlord’s agent; or

          (b) The endorsement of a sheriff or constable stating the:

                 (1) Time and date the request for service was made by the landlord or the landlord’s agent;

                 (2) Time, date and manner of the service; and

                 (3) Fees paid for the service.

          [1911 CPA § 649; RL § 5591; NCL § 9138]—(NRS A 1961, 413; 1967, 196; 1985, 231, 1418; 1987, 701; 1995, 1854; 2007, 1287; 2009, 2786)

         

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