Nevada Revised Statutes 40.280 – Service of notices to surrender; proof required before issuance of order to remove or writ of restitution
1. Except as otherwise provided in NRS 40.253 and 40.2542, the notices required by NRS 40.251 to 40.260, inclusive, must be served by the sheriff, a constable, a person who is licensed as a process server pursuant to chapter 648 of NRS or the agent of an attorney licensed to practice in this State:
Terms Used In Nevada Revised Statutes 40.280
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) By delivering a copy to the tenant personally.
(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.
(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. The notices required by NRS 40.230, 40.240 and 40.414 must be served upon an unlawful or unauthorized occupant:
(a) Except as otherwise provided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupant personally, in the presence of a witness. If service is accomplished by the sheriff, constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, the presence of a witness is not required.
(b) If the unlawful or unauthorized occupant is absent from the real property, by leaving a copy with a person of suitable age and discretion at the property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated. If the occupant is unknown, the notice must be addressed to ‘Current Occupant.’
(c) If a person of suitable age or discretion cannot be found at the real property, by posting a copy in a conspicuous place on the property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated. If the occupant is unknown, the notice must be addressed to ‘Current Occupant.’
3. Service upon a subtenant may be made in the same manner as provided in subsection 1.
4. Proof of service of any notice required by NRS 40.230 to 40.260, inclusive, must be filed with the court before:
(a) An order for removal of a tenant is issued pursuant to NRS 40.253 or 40.254;
(b) An order for removal of an unlawful or unauthorized occupant is issued pursuant to NRS 40.414;
(c) A writ of restitution is issued pursuant to NRS 40.290 to 40.420, inclusive; or
(d) An order for removal of a commercial tenant pursuant to NRS 40.2542.
5. Proof of service of notice pursuant to NRS 40.230 to 40.260, inclusive, that must be filed before the court may issue an order or writ filed pursuant to paragraph (a), (b) or (c) of subsection 4 must consist of:
(a) Except as otherwise provided in paragraph (b):
(1) If the notice was served pursuant to subsection 1, a written statement, endorsed by the person who served the notice, stating the date and manner of service. The statement must also include the number of the badge or license of the person who served the notice. If the notice was served by the agent of an attorney licensed in this State, the statement must be accompanied by a declaration, signed by the attorney and bearing the license number of the attorney, stating that the attorney:
(I) Was retained by the landlord in an action pursuant to NRS 40.230 to 40.420, inclusive;
(II) Reviewed the date and manner of service by the agent; and
(III) Believes to the best of his or her knowledge that such service complies with the requirements of this section.
(2) If the notice was served pursuant to paragraph (a) of subsection 2, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, as applicable, and a witness, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.
(3) If the notice was served pursuant to paragraph (b) or (c) of subsection 2, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.
(b) For a short-term tenancy, if service of the notice was not delivered in person:
(1) 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
(2) The endorsement of a sheriff or constable stating the:
(I) Time and date the request for service was made by the landlord or the landlord’s agent;
(II) Time, date and manner of the service; and
(III) Fees paid for the service.
6. Proof of service of notice pursuant to NRS 40.230 to 40.260, inclusive, that must be filed before the court may issue an order filed pursuant to paragraph (d) of subsection 4 must consist of:
(a) Except as otherwise provided in paragraphs (b) and (c):
(1) If the notice was served pursuant to subsection 2 of NRS 40.2542, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, and a witness, as applicable, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.
(2) If the notice was served pursuant to paragraph (b) or (c) of subsection 1, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.
(b) If the notice was served by a sheriff, a constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, a written statement, endorsed by the person who served the notice, stating the date and manner of service. The statement must also include the number of the badge or license of the person who served the notice.
(c) For a short-term tenancy, if service of the notice was not delivered in person:
(1) 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
(2) The endorsement of a sheriff or constable stating the:
(I) Time and date the request for service was made by the landlord or the landlord’s agent;
(II) Time, date and manner of the service; and
(III) Fees paid for the service.
7. For the purpose of this section, an agent of an attorney licensed in this State shall only serve notice pursuant to subsection 1 if:
(a) The landlord has retained the attorney in an action pursuant to NRS 40.230 to 40.420, inclusive; and
(b) The agent is acting at the direction and under the direct supervision of the attorney.