Free Nevada 7-Day Notice to Pay Rent or Quit
The 7-day notice to pay rent or quit is the notice a Nevada landlord must serve before filing a summary eviction for nonpayment of rent. NRS § 40.253(1)(a) gives the tenant seven judicial days, excluding the day of service, weekends, and legal holidays, to pay in full or surrender the premises. Service must follow NRS § 40.280. Generate a compliant notice below.
A Nevada 7-Day Notice to Pay Rent or Quit is the statutorily-required written notice a landlord must serve before filing a summary eviction for nonpayment of rent. It is governed by NRS § 40.253(1)(a), with the service rules at NRS § 40.280 and the summary-eviction procedure at NRS §§ 40.253 to 40.254. The notice gives the tenant seven judicial days — days the courts are open, so the day of service, weekends, and Nevada legal holidays are all excluded — to pay the rent in full or surrender the premises. The form below produces a compliant notice; our Nevada eviction notice laws guide covers the full summary-eviction process, and the Nevada landlord-tenant laws hub covers the surrounding rules.
Key Takeaways
- Nevada requires a 7-day notice to pay rent or quit under NRS § 40.253(1)(a) before a landlord can file a summary eviction for nonpayment — and the seven days are judicial days, not calendar days.
- Judicial days exclude the day of service, Saturdays, Sundays, and Nevada legal holidays, so a 7-judicial-day deadline usually falls 9 to 11 calendar days after service.
- Service must be by the sheriff, a constable, a licensed process server, or an attorney’s agent under NRS § 40.280 — personal delivery, substituted service plus mail, or post-and-mail.
- Keep the demand to past-due rent and state the pay-or-surrender alternative clearly; an overstated or ambiguous demand invites an affidavit contesting the notice.
- Do not accept partial payment after serving, and file the summary eviction only after the seventh judicial day has fully passed — premature filing defeats the case.
Nevada 7-Day Pay-or-Quit at a Glance
Statute
NRS § 40.253(1)(a)
Notice period
7 judicial days (excl. day of service, weekends, holidays)
Service
NRS § 40.280 (officer / process server)
Filed in
Justice Court (summary eviction)
7 days
judicial days to pay or surrender, excluding the day of service, weekends, and holidays
9-11
typical calendar days the deadline actually falls out to
4
authorized classes of server under NRS § 40.280
Why the judicial-day count is unforgiving
Nevada courts construe pay-or-quit notices strictly because they are the procedural foundation for a tenant’s loss of possession through summary eviction. The single most common defect is treating the seven days as calendar days: because the day of service, weekends, and legal holidays are all excluded, a notice counted on the calendar is served short, and a short notice cannot support the summary eviction. The form on this page handles the judicial-day mechanics; the guide below walks through the statutory framework, the counting rules, the NRS § 40.280 service methods, and the mistakes that void notices.
What This Notice Does
The 7-Day Notice to Pay Rent or Quit is the statutorily-required written notice a Nevada landlord must serve on a tenant who has failed to pay rent when due. It is the procedural prerequisite to filing a summary eviction under NRS § 40.253. Without a properly-drafted, properly-served 7-day notice, a Nevada Justice Court will not grant an order for summary eviction for nonpayment of rent.
The notice does three things in one document. First, it demands the past-due rent. The amount should be stated precisely and limited to rent. Where the lease authorizes late fees or other charges, keep them separate from the rent figure so the demand is unambiguous; a demand that folds non-rent charges into the rent amount gives the tenant a basis to contest the notice by affidavit.
Second, it states the pay-or-surrender alternative and the seven-judicial-day deadline. The tenant has seven judicial days after the day of service to either pay the full amount demanded or surrender possession of the premises. Judicial days exclude the day of service, Saturdays, Sundays, and Nevada legal holidays. If the tenant pays in full within the period, the default is cured and the tenancy continues unless the lease provides otherwise.
Third, it states the consequence of doing neither. The notice must inform the tenant that if the rent is not paid and the premises are not surrendered by the close of business on the seventh judicial day, the landlord may file for summary eviction in the Justice Court for the township where the property is located, seeking an order for removal and a writ of restitution. The form on this page states the demand, computes the deadline, and includes the pay-or-surrender and consequence language correctly.
Nevada Legal Framework
The 7-day pay-or-quit notice is governed by a compact but exacting statutory framework. The core statute is NRS § 40.253(1)(a), which authorizes a landlord to serve a notice requiring, in the alternative, the payment of the rent or the surrender of the premises before the close of business on the seventh judicial day following the day of service.
The short-term exception in the same subsection sets a different clock for a tenancy in which the periodic rent is reserved by a period of one week or less and the tenancy has not continued for more than 45 days: for those, the deadline is at or before noon of the fourth full day following the day of service. Most residential month-to-month and fixed-term tenancies are not short-term, so the seven-judicial-day period governs. This page is the seven-judicial-day form; verify the tenancy is not a short-term weekly tenancy before relying on the 7-day count.
Service rules are at NRS § 40.280, which requires that the notice be served by the sheriff, a constable, a person licensed as a process server under NRS chapter 648, or the agent of an attorney licensed to practice in Nevada. The statute authorizes three manners of service: personal delivery to the tenant; substituted service on a person of suitable age and discretion at the tenant’s residence or place of business, plus a mailed copy; and post-and-mail if neither the tenant nor a suitable person can be reached.
The summary-eviction procedure runs through NRS §§ 40.253 to 40.254. Nevada nonpayment eviction is largely tenant-initiated at the hearing stage: after the notice period expires, the tenant may file an affidavit with the Justice Court contesting the notice, which triggers a hearing; if the tenant does not respond, the landlord may obtain an order for summary eviction. The order directs the sheriff or constable to remove the tenant, and a writ of restitution restores possession to the landlord.
Federal overlays can extend the notice period. Properties with a federally backed mortgage or that participate in a federal housing program may require a 30-day notice under the CARES Act before a nonpayment eviction, and the federal Fair Housing Act prohibits eviction decisions based on protected characteristics. One operational rule binds the framework together: the notice and its service must match the statute. A miscounted judicial-day period, service by someone not authorized under NRS § 40.280, or an ambiguous demand each give the tenant a defense and can restart the clock.
Counting the Seven Judicial Days
The seven-day period under NRS § 40.253(1)(a) is measured in judicial days, not calendar days. A judicial day is a day the Nevada courts are open for business. Excluded from the count are the day of service itself, every Saturday and Sunday, and every Nevada legal holiday. The period runs from the first judicial day after service through the seventh judicial day, and the tenant has until the close of business on that seventh judicial day to pay or surrender.
Nevada legal holidays for the count (NRS 236.015) include New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Nevada Day (the last Friday in October), Veterans Day, Thanksgiving Day, the Family Day holiday (the Friday after Thanksgiving), and Christmas Day. When a holiday falls on a Saturday, the preceding Friday is observed; when it falls on a Sunday, the following Monday is observed, and that observed date is the day excluded from the judicial-day count.
Worked example. A 7-day notice served by personal delivery on a Monday of a normal week (no holiday) starts the judicial-day count on Tuesday. Skipping the intervening Saturday and Sunday, the seventh judicial day falls on the Wednesday of the following week. The tenant has until the close of business that Wednesday to pay or surrender — roughly nine calendar days after service.
Worked example with a holiday. A 7-day notice served the week of Thanksgiving is stretched further: both Thanksgiving Thursday and the Family Day Friday after it are legal holidays and are skipped, on top of the weekends. A notice served the Monday of Thanksgiving week can push the seventh judicial day nearly two calendar weeks out. Because the Nevada Day, Thanksgiving, and year-end holiday clusters each add excluded days, the generator on this page carries the current and following year’s Nevada legal holidays so the computed deadline always reflects the real judicial-day count.
Why the count matters so much. A notice that treats the seven days as calendar days is short, and a short notice cannot support a summary eviction — the tenant can raise the miscount by affidavit and defeat the case. The safe practice is the reverse error: giving the tenant a day or two more than the strict count never creates a defect, because the extra time works in the tenant’s favor. If you serve near a holiday cluster, recount the deadline by hand against the current Nevada legal-holiday list before you file.
Build the Notice
Complete the form below to generate a compliant Nevada 7-Day Notice to Pay Rent or Quit. The form computes the seventh-judicial-day deadline, excluding the day of service, weekends, and Nevada legal holidays, and includes the pay-or-surrender and consequence language. Serve in accordance with NRS § 40.280 and retain the required proof of service.
Count the deadline before you serve
Enter the date you will serve the notice. The generator computes the seventh judicial day, excluding the day of service, Saturdays, Sundays, and the current and following year’s Nevada legal holidays. Confirm the tenancy is a standard tenancy — the seven-judicial-day period does not apply to a short-term weekly tenancy under 45 days, which uses a 4-full-day period instead.
1. Notice and Service Date
2. Property and Tenant
3. Landlord / Agent
4. Past-Due Rent
5. Service Method (NRS § 40.280)
6. Signature
Service Rules Under NRS § 40.280
NRS § 40.280 governs both who may serve a Nevada pay-or-quit notice and how. Unlike an informal lease-required notice, the notice that supports a summary eviction must be served by an authorized officer or agent, not simply handed over by the landlord in casual fashion — the statute names the sheriff, a constable, a person licensed as a process server under NRS chapter 648, or the agent of an attorney licensed to practice in Nevada. Email, text message, and social media are not statutory methods.
Personal delivery
PreferredThe cleanest method. An authorized server delivers a copy of the notice to the tenant personally. The judicial-day count begins the first judicial day after delivery. Proof of service can be a tenant-signed acknowledgment of receipt or the endorsement of the sheriff, constable, or process server stating the time and manner of service.
Substituted service
Plus mailIf the tenant is absent from both the dwelling and any known place of business, the server may leave a copy with a person of suitable age and discretion at either location and mail a copy to the tenant at the rental. Document the name and apparent age of the person served and retain the U.S. Postal Service certificate of mailing.
Post-and-mail
Last resortIf the tenant’s residence and place of business cannot be ascertained, or no person of suitable age can be found there, the server posts a copy in a conspicuous place on the premises, delivers a copy to any person residing there who can be found, and mails a copy to the tenant. Date-stamped photographs of the posting provide essential evidence.
Proof of service
NRS § 40.280 specifies the acceptable proof of service, and the Justice Court will require it before issuing an order for removal. Proof may be a statement signed by the tenant and a witness acknowledging receipt on a stated date, a certificate of mailing issued by the U.S. Postal Service, or the endorsement of the sheriff, constable, or other authorized server stating the time and manner of service. Retain the original signed notice together with the proof; both become exhibits if the summary eviction is filed.
Documentation retention
Retain the signed original notice, the proof of service, and any photographs of a posting. If the summary eviction is filed, the notice and proof are submitted to the Justice Court. If the tenant pays before the deadline, the documentation supports the cure record and protects against a later dispute over whether the notice was properly served.
The Nevada Summary Eviction Sequence
Nevada nonpayment eviction runs as a summary proceeding under NRS § 40.253, and the 7-day pay-or-quit notice is the first step. Understanding where this notice sits in the sequence prevents the two most common ordering errors: filing before the judicial-day period has run, and confusing this initial notice with the later unlawful-detainer notice.
Step one: the 7-day pay-or-quit notice. The landlord serves the notice on this page. The tenant has seven judicial days to pay the rent in full or surrender the premises. If the tenant pays, the default is cured; if the tenant surrenders, the landlord recovers possession without a court filing.
Step two: the tenant’s affidavit or the landlord’s filing. If the tenant neither pays nor surrenders, Nevada’s summary process is largely tenant-initiated at this stage. The tenant may file an affidavit with the Justice Court contesting the notice or asserting a defense, which triggers a hearing. If the tenant files no affidavit, the landlord files a complaint or affidavit for summary eviction after the seventh judicial day.
Step three: the separate unlawful-detainer notice. Where the tenant remains in possession without paying after the pay-or-quit period, Nevada practice uses a separate five-day notice to complete the unlawful-detainer path to a summary eviction. That five-day notice is a distinct document from this 7-day pay-or-quit notice; it is not a renewal of the same demand but the next procedural step. Confirm which notice the county’s Justice Court expects for your situation before filing.
Step four: the order and writ. If the court grants the eviction, it issues an order for removal, and a writ of restitution directs the sheriff or constable to restore possession to the landlord. Self-help eviction — changing locks, removing belongings, or shutting off utilities — is unlawful in Nevada regardless of how far behind the tenant is; only the court-ordered writ authorizes removal.
Nevada vs. California: One Key Contrast
Labeled contrast — Nevada 7-day vs. California 3-day
Landlords who operate in both states should not carry one state’s notice into the other. In California, nonpayment uses a 3-day notice to pay rent or quit under CCP § 1161(2), served under CCP § 1162, and the California courts require the notice to spell out the start and end dates and the holiday exclusion. In Nevada, the initial nonpayment notice is a 7-judicial-day notice to pay rent or quit under NRS § 40.253(1)(a), served by an authorized officer or agent under NRS § 40.280, and the eviction is a tenant-initiated summary proceeding in Justice Court. Different day count, different service statute, different court mechanism — use the Nevada form on this page for a Nevada tenancy, and never substitute a California 3-day notice for it.
Common Mistakes That Void the Notice
- Miscounting the seven judicial days. Treating the seven days as calendar days serves the notice short. The count excludes the day of service, Saturdays, Sundays, and Nevada legal holidays — a short notice cannot support the summary eviction.
- Serving by an unauthorized person. NRS § 40.280 requires the sheriff, a constable, a licensed process server, or an attorney’s agent. A notice served by the landlord in person outside those channels may not satisfy the service statute for a summary eviction.
- Overstating or muddying the demand. Folding late fees, utilities, or other charges into the rent figure makes the demand ambiguous and gives the tenant a basis to contest the notice by affidavit. State the rent figure cleanly.
- Filing before the seventh judicial day passes. Filing the summary eviction before the period fully expires defeats the action. Wait until after the close of business on the seventh judicial day.
- Confusing the 7-day and 5-day notices. The 7-day pay-or-quit is the initial nonpayment notice; the 5-day notice is the later unlawful-detainer step. Serving the wrong one for the stage you are at can derail the filing.
- Accepting partial payment after service. Accepting any portion of the demanded rent can waive or undercut the notice and force a fresh 7-day notice for the balance.
Tenant Rights and Remedies
Nevada tenants served with a 7-day pay-or-quit notice have meaningful statutory rights. Understanding them helps landlords appreciate why procedural precision matters.
Right to cure by paying in full. If the tenant pays the full amount demanded within the seven judicial days, the default is cured and the tenancy continues; the landlord cannot refuse a timely full payment and proceed anyway. Right to contest by affidavit. Nevada summary eviction is tenant-initiated at the hearing stage: the tenant may file an affidavit with the Justice Court contesting the notice, which triggers a hearing at which the tenant can raise defenses.
Right to challenge a defective notice or service. A tenant may defend on the ground that the judicial-day period was miscounted, that the demand was overstated, or that service did not comply with NRS § 40.280. Each is a recognized basis to defeat the summary eviction. Right to raise habitability. Nevada habitability law gives a tenant defenses where the landlord has failed to maintain the premises, and a habitability claim may be asserted in the summary proceeding.
Right to protection from retaliation. Nevada law prohibits retaliatory conduct against a tenant who has exercised a legal right, such as complaining to a code-enforcement agency or requesting repairs; a notice issued in retaliation gives the tenant a defense. Right to be free of self-help eviction. A landlord may not change the locks, remove the tenant’s belongings, or shut off utilities to force a tenant out. Only a court-ordered writ of restitution, executed by the sheriff or constable, may remove a tenant; a self-help lockout exposes the landlord to damages.
Right to fair housing protection. The federal Fair Housing Act and Nevada’s fair-housing law prohibit eviction decisions based on protected characteristics. And where a property is federally backed or federally subsidized, the CARES Act 30-day notice requirement may extend the notice period before a nonpayment eviction may proceed.
Nevada Statute Reference
| Statute / Authority | Subject | Key requirement |
|---|---|---|
| NRS § 40.253(1)(a) | 7-day pay-or-quit authority | Seven judicial days after service to pay rent in full or surrender the premises |
| NRS § 40.253(1) | Short-term exception | 4 full days for a weekly tenancy that has not continued more than 45 days |
| NRS § 40.280 | Service and proof | Served by sheriff, constable, licensed process server, or attorney’s agent; personal, substituted, or post-and-mail; proof required |
| NRS §§ 40.253-40.254 | Summary eviction procedure | Justice Court process; tenant affidavit triggers hearing; order for removal and writ of restitution |
| NRS 236.015 | Legal holidays | List of Nevada legal holidays excluded from the judicial-day count |
| CARES Act § 4024 | Federal overlay | 30-day notice for federally backed or federally assisted properties |
| Fair Housing Act | Anti-discrimination | Prohibits eviction based on protected characteristics |
Local Justice Court practice can vary by township on filing forms and hearing scheduling. Confirm the county’s requirements before filing, and see our guide to Nevada eviction procedure for the full process.
Bottom line
A clean Nevada 7-day pay-or-quit is exact: demand only past-due rent, count seven judicial days excluding the day of service, weekends, and Nevada legal holidays, state the pay-or-surrender alternative and the summary-eviction consequence, serve by an NRS § 40.280 method with proof, never accept partial payment, and file only after the seventh judicial day has fully passed.
Frequently Asked Questions
How much notice does a Nevada landlord have to give before evicting for nonpayment?
For a standard tenancy, NRS § 40.253(1)(a) requires a 7-day notice to pay rent or quit. The tenant has seven judicial days after the day of service to pay in full or surrender the premises. Judicial days exclude the day of service, Saturdays, Sundays, and Nevada legal holidays. Only a short-term weekly tenancy that has not continued more than 45 days uses the shorter 4-full-day period.
What is a judicial day in Nevada and how is the 7 days counted?
A judicial day is a day the Nevada courts are open for business. The seven-judicial-day count under NRS § 40.253 excludes the day of service, every Saturday and Sunday, and every Nevada legal holiday. Because weekends and holidays are skipped, a 7-judicial-day notice usually lands 9 to 11 calendar days after service. Miscounting judicial days as calendar days serves the notice short and can defeat the summary eviction.
What is the difference between the Nevada 7-day and 5-day notices for nonpayment?
They are two different notices in the Nevada nonpayment sequence. The 7-day notice to pay rent or quit under NRS § 40.253(1)(a) is the initial demand: it gives the tenant seven judicial days to pay or surrender. The separate 5-day notice is the unlawful-detainer notice served after the tenant remains in possession without paying, used to complete the summary eviction. This page is the initial 7-day pay-or-quit notice.
Who can serve a Nevada 7-day pay-or-quit notice?
Under NRS § 40.280, the notices required for a summary eviction must be served by the sheriff, a constable, a person licensed as a process server under NRS chapter 648, or the agent of an attorney licensed to practice in Nevada. The methods are personal delivery to the tenant; substituted service on a person of suitable age and discretion plus a mailed copy; or posting a copy in a conspicuous place, delivering to a resident if one is found, and mailing a copy.
What happens if I accept partial payment after serving the 7-day notice?
Accepting partial rent after serving the notice can undercut the demand and may require serving a fresh 7-day notice for the corrected balance. A tenant who tenders partial payment that the landlord accepts can argue the default was cured or the notice waived. Best practice: do not accept any payment during the notice period unless it is the full amount demanded, and document any tender you decline.
Does Nevada require just cause to evict for nonpayment?
Nevada does not impose a general just-cause requirement, but nonpayment of rent is itself the lawful ground for this notice. The 7-day pay-or-quit notice under NRS § 40.253 is the statutory mechanism for a nonpayment termination. Federal overlays still apply: properties with federally backed mortgages or federal housing assistance may require a 30-day notice under the CARES Act, and the Fair Housing Act prohibits discriminatory evictions.
Can the tenant contest the 7-day notice?
Yes. Nevada summary eviction is tenant-initiated at the hearing stage: the tenant may file an affidavit with the Justice Court contesting the notice, and the court then sets a hearing. Common defenses include improper service under NRS § 40.280, a miscounted judicial-day period, an overstated demand, payment tendered before filing, habitability violations, and retaliation. If the tenant does not respond, the landlord may obtain an order for summary eviction.
Where is a Nevada eviction for nonpayment filed?
A Nevada summary eviction for nonpayment is filed in the Justice Court for the township where the property is located, under NRS § 40.253. After the 7-day notice period expires without payment or surrender, the landlord files a complaint or affidavit for summary eviction. The court issues an order for removal, and a writ of restitution directs the sheriff or constable to restore possession to the landlord.
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