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State Codes and Statutes

Statutes > Nevada > Title-3 > Chapter-40 > Summary-proceedings-for-obtaining-possession-of-real-property-recreational-vehicle-or-mobile-home > 40-280

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)