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A man in my apartment complex had (thankfully) gotten a 5 day pay or quit notice posted on his door. Oddly enough, there is no court stamp or case number on the document, and the court clerk said there was no formal eviction filed at the courthouse.
My landlady said that is still a perfectly legal eviction notice, how can that be so? Anyone?
I suspect that the landlady is correct. Nevada, and many other states, probably does not require the courts to get involved for the initial notice of eviction. If the tenant fails to comply with the landlord's notice the landlord will probably need a court order before they can use law enforcement officers to literally remove the tenant for non-payment, but notice of non-payment does not have to started in the courts...
FYI - In the states of Kansas and Colorado a landlord may post a 3 day notice to vacate for non-payment of rent. The landlord may mail the notice to the tenant or simply tape it to the front door. If the tenant pays the past due rent (& any late fees/charges) there is no eviction and the tenant may stay.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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Pay or quit notices require no court action. If the tenant fails to pay after the time period in the notice, then the landlord is permitted to file an unlawful detainer action in the appropriate court.
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