NRS 40.251
Unlawful detainer: Possession of property leased for indefinite time after notice to surrender

  • older person or person with a disability entitled to extension of period of possession upon request
  • federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.

Mentioned in

Breaking a Lease in Nevada | Tenant & Property Manager Rights

DoorLoop, August 13, 2023

“Today, we'll talk about breaking a lease in Nevada, specifically. In ideal cases, a lease would end on the set date that was specified in the lease. However, sometimes, the tenant may want to leave the rental unit before the lease expires...”
 
Bibliographic info

1.

A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a)

Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

(1)

For tenancies from week to week, at least 7 days;

(2)

Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

(3)

For tenancies at will, at least 5 days.

(b)

A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

(1)

The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:
(I) At least 7 days for tenancies from week to week; and
(II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

(2)

A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.

(c)

A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:

(1)

After notice has been given pursuant to NRS 118B.115, 118B.170 or 118B.190 and the period of the notice has expired; or

(2)

If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d)

A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

2.

Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3.

Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.

4.

Except as otherwise provided in NRS 118A.315, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.

5.

Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsections 2, 3 and 4.

6.

If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

Source: Section 40.251 — Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession., https://www.­leg.­state.­nv.­us/NRS/NRS-040.­html#NRS040Sec251.

40.215
Definitions. 40.220
Entry to be made only when legal and in peaceable manner. 40.230
Forcible entry defined 40.240
Forcible detainer defined 40.250
Unlawful detainer: Possession after expiration of term. 40.251
Unlawful detainer: Possession of property leased for indefinite time after notice to surrender 40.252
Unlawful detainer: Contractual provisions void if contrary to specified periods of notice 40.253
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent. 40.254
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property. 40.255
Removal of person holding over after 3-day notice to surrender 40.260
Tenant of agricultural lands may hold over if not notified. 40.270
Tenant has similar remedies against subtenant. 40.280
Service of notices to surrender 40.290
Parties defendant 40.300
Contents of complaint 40.310
Issue of fact to be tried by jury if proper demand made. 40.320
Proof required of plaintiff and defendant on trial. 40.330
Amendment of complaint to conform to proof 40.340
Adjournments. 40.350
Trial not to be adjourned when plaintiff admits evidence in affidavit would be given. 40.360
Judgment 40.370
Verification of complaint and answer. 40.380
Provisions governing appeals. 40.385
Stay of execution upon appeal 40.390
Appellate court not to dismiss or quash proceedings for want of form. 40.400
Rules of practice. 40.412
Housebreaking and unlawful occupancy: When owner may retake possession and change locks 40.414
Forcible entry or forcible detainer: When owner or occupant may recover possession 40.416
Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry 40.420
Form of writ of restitution 40.425
Notice of execution on writ of restitution. 40.2512
Unlawful detainer: Possession after default in payment of rent. 40.2514
Unlawful detainer: Assignment or subletting contrary to lease 40.2516
Unlawful detainer: Possession after failure to perform conditions of lease 40.2542
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises. 40.2545
Unlawful detainer: Sealing of eviction case court file under certain circumstances
Last Updated

Aug. 30, 2023

§ 40.251’s source at nv​.us