• Tenant's Affidavit in Opposition to Summary Eviction

  • IN THE JUSTICE COURT OF SPARKS TOWNSHIP

    COUNTY OF WASHOE, STATE OF NEVADA

  • Landlord,

    v.

       

          
       

    Tenant.

  • Tenant, appearing in proper person, contests this matter pursuant to NRS 40.254 and states as follows:

  • 1. I am the tenant of the rental unit located at (insert complete address of rental premises, including city, state, and zip code):

  • 2. My rent (check one box)
       
       
    subsidized by a public housing authority or governmental agency.

  • TENANTS: Find the following question (3, 4, 5, or 6) that corresponds to the notice you received. Complete that section only, then skip to Section A of this form.

  • Question 3: Nuisance, Waste, Assigning/Subletting, Unlawful Business. (Complete this question ONLY if you received a Three-Day Notice to Quit for Nuisance/Waste/Etc.)

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  •  box if additional sheets are attached.  

  • 1*NRS 40.2514(4) defines "nuisance" as "conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures" or violation of the controlled substance laws in NRS 453.011 to 453.552.

  • Question 4: Lease Violation. (Complete this question ONLY if you received a Five-Day Notice to Perform Lease Condition or Quit.)

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  •  box if additional sheets are attached.     

  • Question 5: No Cause. (Complete this question ONLY if you received a Seven-Day or Thirty-Day "No Cause" Notice to Quit.)

  • 5. I received a seven-day or thirty-day notice to vacate my rental premises. I disagree with this notice for the following reasons (check all that apply and provide your written explanation at end of this section):

    My lease agreement has not expired and will not expire until    Pick a Date   
    My lease agreement has expired, but Landlord renewed by tenancy by accepting rent for a new rental period and/or entering into a new lease agreement.
     
     I received a thirty-day notice to quit and am 60 years of age or older or have a physical or mental disability. I gave Landlord a written request (along with proof of my age or disability) on    Pick a Date   ,   asking to continue in possession for an additional thirty days.
    Landlord (check one)  
    on     Pick a Date   , or
     my request 2, or 
    responded to my request.

     Landlord's notices did not comply with Nevada law because the thirty-day notice did not notify me of my right to request to be allowed to continue in possession for an additional thirty days as required by NRS 40.251(3).   

     Other defense (explain below):

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  •  box if additional sheets are attached.  

  • 2 If Landlord rejected your written request, NRS 40.251(6) allows you to file petition with the court asking for the additional thirty days.

  • Question 6: Tenancy-At-Will. (Complete this question ONLY if you received a Five-Day Tenancy-At-Will Notice to Quit.)

  • 6. I received a five-day notice to vacate my rental premises. I disagree with this notice for the following reasons (check all that apply and provide your written explanation at the end of this section):

     I am not a tenant-at-will because I pay rent to the Landlord in the amount of $    per (check one) 
     
    or
     .
    My lease agreement has not expired and will not expire until   Pick a Date                
     I am not a tenant-at-will because I have an agreement with my Landlord regarding the length of my tenancy.

     Other defense (explain below):       

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  •  box if additional sheets are attached.

  • SECTION A

  • Therefore, I ask that Landlord receive nothing requested in Landlord's Notice to Pay

    Rent or Quit and/or Affidavit/Complaint.

    I understand that if the filing of this Affidavit is timely,

    I will receive a notice of hearing by e-mail and/or regular U.S. Mail.

    I declare under penalty of perjury under the law of the State of Nevada that the

    foregoing is true and correct.

  • Pick a Date   

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