Nev. Rev. Stat. §§ 40.215–40.425 § 40.2516
Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer.
Operative Text
1. A tenant of real property, a dwelling unit, a recreational vehicle or a mobile home other than a mobile home lot or a recreational vehicle lot for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the real property, dwelling unit, recreational vehicle or mobile home is held, other than those mentioned in NRS 40.250 to 40.254, inclusive, and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the real property, dwelling unit, recreational vehicle or mobile home, served upon the tenant, and, if there is a subtenant in actual occupation of the premises or property, also upon the subtenant, remains uncomplied with for 5 days after the service thereof. Within 5 days after the service, the tenant, or any subtenant in actual occupation of the premises or property, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given. 2. If a tenant is guilty of an unlawful detainer pursuant to this section, the landlord may seek to recover possession of the real property, dwelling unit, recreational vehicle or mobile home pursuant to the provisions of NRS 40.254 or 40.290 to 40.420, inclusive.
Nevada Revised Statutes § 40.2516 establishes that a tenant (or subtenant) commits an unlawful detainer when they remain on a property after failing to fulfill a lease condition or covenant and then failing to correct that breach within 5 days of receiving a written notice demanding either compliance or surrender of the property. The notice must be served on both the tenant and any subtenant in actual occupation. Importantly, the law provides a saving mechanism: within that 5-day window, the tenant, a subtenant, a mortgagee of the lease term, or any other interested party may cure the breach and prevent the lease from being forfeited — unless the violated covenant is one that can no longer be performed at all.
Plain English — not legal advice.
Under Nev. Rev. Stat. § 40.2516, landlords who wish to address a tenant's failure to perform a lease condition or covenant must first serve a properly written notice that gives the tenant the alternative of either curing the breach or surrendering the property. Compliant operators typically ensure this notice is served on both the tenant and any subtenant in actual occupation of the premises, and they allow the full 5-day cure period to run before taking further action. If the tenant or another interested party cures the breach within that window, the lease is preserved; only if the breach remains uncured — or is incapable of being cured — may the landlord proceed to seek recovery of possession under the procedures outlined in NRS 40.254 or 40.290 through 40.420.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. § 40.2516 gives tenants and subtenants a meaningful opportunity to avoid eviction by curing a lease violation within 5 days of receiving a written notice demanding compliance or surrender. If you receive such a notice, the law recognizes that not only the tenant but also a subtenant, a mortgagee of the lease term, or another interested party may step in to perform the required condition and save the lease from forfeiture. Tenants who believe a notice was improperly served, that the cure period was not honored, or that the alleged breach does not apply to their situation may wish to consult a tenant-rights organization or legal aid provider familiar with Nevada landlord-tenant law for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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