AB226 – 5-day Notice to Pay Rent or Quit

Jurisdiction: Country: United States | Province or State: Nevada

What is an AB226 – 5-day Notice to Pay Rent or Quit?

A AB226 – 5-day Notice to Pay Rent or Quit is a Nevada landlord-tenant form you deliver to a tenant when rent is past due. It tells the tenant exactly how much rent they owe, how to pay it, and gives a strict five-day judicial deadline to either pay in full or move out. If the tenant does not comply within the deadline, the notice sets you up to start a summary eviction case in court.

This notice is a cure-or-quit demand: the tenant has a short window to fix the problem by paying the rent or vacating. It is not a court order, and it does not let you change the locks or remove the tenant. But it is the legally required first step before you can ask the court for an eviction based on nonpayment of rent.

Who typically uses this form?

Residential landlords and property managers use it when a tenant misses a rent payment. Attorneys and eviction services also prepare and serve it for their clients. Tenants may reference the form to understand what is being demanded, the timeline to respond, and the options to stop an eviction.

You would need this form when a tenant fails to pay the rent by the due date in the lease. If your tenant’s rent is due on the first and it is unpaid after any grace period you provide, the 5-day notice starts the clock. You use it to demand current unpaid rent and to inform the tenant of their rights and consequences if they do not pay.

Typical usage scenarios include a tenant who has not paid by the due date, a tenant who made a partial payment but still owes the balance, a returned check or reversed electronic payment, or a missed installment under a written payment plan. The form also works when the lease has rolled into a month-to-month, and rent is not paid. It is not the form for lease violations other than nonpayment, and it is not the form you use to end a tenancy without cause. It is focused on one issue: unpaid rent.

Because Nevada uses a fast summary eviction process, the contents and service of this notice matter. The tenant will either pay, move out, or respond in court within five judicial days. If they do nothing and the notice is valid, you can seek a court order to remove them. If the notice has mistakes—wrong amount, wrong service, or unclear payment information—the court can stop the eviction. Filling it out carefully protects your rights and reduces delays.

When Would You Use an AB226 – 5-day Notice to Pay Rent or Quit?

You use this notice the moment rent is overdue and payable under the lease. If your lease sets rent due on the first of the month and provides a two-day grace period, you can serve the notice once that grace period ends and the rent is still unpaid. If there is no grace period, you can serve it the day after the due date when the rent is in default. In practice, many landlords wait a day or two to confirm whether an expected electronic payment clears, then serve promptly to keep the process moving.

Use it if a tenant’s payment bounces or is reversed. A check that is returned NSF or an ACH that fails means the rent is unpaid. Once you confirm the funds did not clear, you can serve the notice and demand the full unpaid rent. If you accepted a partial payment, you can still use the notice for the remaining balance. The notice should show the partial payment and the balance due, then give the tenant five judicial days to pay the rest.

This notice is appropriate for all residential tenancies where the tenant owes rent. That includes fixed-term leases, periodic tenancies like month-to-month, and holdover tenants who stayed after the lease ended and owe rent for that period. If you and the tenant signed a written rent payment plan and they missed an installment, you can use the notice to demand the unpaid rent covered by the plan.

Do not use this notice for reasons other than nonpayment of rent. If you need to address noise complaints, unauthorized occupants, property damage, or illegal activity, those require different notices with different timelines and cure terms. Do not use it to raise rent, change lease terms, or end a tenancy without cause. If the property is a manufactured home lot rental, subsidized housing, or a commercial lease, different notice rules may apply; make sure you are using the correct form for the type of tenancy.

If a tenant has applied for rental assistance and you have a written agreement to pause eviction steps while an application is pending, follow that agreement. If there is no agreement and rent is still unpaid, you can serve the notice and continue to coordinate with any rental assistance agency. If funds arrive and cover the rent, the tenant can stop the eviction by paying in full within the five-day judicial window.

Finally, use this notice when you want clarity and documentation. It helps to give the tenant a clear written path to cure and provides a record that you made the lawful demand. Even if you believe payment will arrive, serving the notice starts a defined timeline and avoids open-ended delays.

Legal Characteristics of the AB226 – 5-day Notice to Pay Rent or Quit

The notice is a legally required predicate to a summary eviction for nonpayment of rent in Nevada. It is legally effective because state law gives tenants a short, defined period to pay or vacate before a landlord can ask a court for possession. The court will expect to see a proper notice and proof that it was served correctly. Without that, your case will be delayed or dismissed.

What ensures enforceability is strict compliance with content and service requirements. The notice must state the tenant’s name, the rental address, the specific amount of rent owed, and the rental periods covered. It must tell the tenant exactly what to do to cure (pay the rent in full) and by when (five judicial days from service). It should explain how and where to pay and provide contact information so the tenant can act. It must be signed and dated by the landlord or authorized agent. A certificate of service must show how and when the notice was served and by whom.

Service must follow Nevada rules. Acceptable methods typically include personal delivery to the tenant, substituted service on a person of suitable age at the unit, plus mailing, or posting the notice in a conspicuous place at the unit, plus mailing. If you post, you also mail a copy the same or next business day. Counting the five-day period uses judicial days—business days when the court is open—so weekends and legal court holidays do not count. The day after service is day one.

The amount demanded matters. The notice focuses on unpaid rent. You should itemize rent by month or period and separate it from other charges. Do not inflate the amount or include non-rent charges in the sum the tenant must pay to cure if those charges are not legally collectible to stop a summary eviction. Courts are sensitive to this. If you demand the wrong amount or include prohibited fees, a tenant can successfully contest your case.

Timing and tenant rights also play a role. The notice does not transfer possession automatically. The tenant can pay in full within the deadline and remain in the unit. They can also file a court response within the five-day window, which triggers a hearing before any lockout. You cannot seize property or change locks without a court order. Any self-help lockout, utility shutoff, or intimidation can lead to penalties and a loss of your eviction case.

Retaliation and discrimination are prohibited. If the timing of your notice suggests retaliation for a lawful tenant action—like complaining about conditions—or discrimination based on a protected characteristic, a court can block your eviction. The cleanest way to proceed is to make the notice about one thing: the actual, provable rent balance and the clear opportunity to cure.

In short, the notice is legally binding as a step in the eviction process when it is accurate, clear, and properly served. It preserves your right to ask the court for possession while giving the tenant a fair chance to pay and stay.

How to Fill Out an AB226 – 5-day Notice to Pay Rent or Quit

Approach the form like a checklist. Every field should help the tenant understand what is owed, how to cure, and the deadline. Here is a step-by-step guide to complete it correctly.

1) Title and reference

• Enter the form title at the top: “AB226 — 5-day Notice to Pay Rent or Quit.”
• If your property or file system uses an internal reference or account number, add it to the top corner for your records.

2) Landlord or authorized agent information

• List your full legal name as it appears on the lease or the property title. If an LLC or corporation owns the property, use the entity name.
• If a property manager is serving the notice, add the manager’s business name and state that the manager acts as agent for the owner.
• Include a mailing address, phone number, and email where the tenant can reach you and send payment-related questions.

3) Tenant and property information

• List every adult tenant named on the lease. Include the full legal names, spelled correctly. If you know the complete names of additional occupants, you can list “and all other occupants” after the named tenants to put all adults on notice.
• Provide the full rental property address, including unit number, city, state, and ZIP code. Accuracy here is essential to avoid confusion with other units.

4) Lease details

• State the original lease start date and the current rent amount per the lease or any written renewal.
• Identify the rent due date (for example, “Rent is due on the 1st day of each month”). If there is a written grace period, note it briefly (for example, “A 2-day grace period applies under the lease”).

5) Amount of rent owed (itemization)

• Create a simple ledger within the notice or as an attachment.

List each rental period and the rent amount for that period. For example:

• June 1–30, 2025: $1,500 rent unpaid
• July 1–31, 2025: $1,500 rent unpaid
• Subtotal the rent owed and show a line for any partial payments received with dates. Then show the current balance due as of the date of the notice.
• Keep this section for rent only. If your lease authorizes late fees and they are lawful, itemize them separately and clarify whether the tenant must pay them now to stop eviction. Do not obscure the rent number. Courts want clarity on the rent owed to cure nonpayment.

6) Total demanded to cure

• In bold or otherwise prominent text, state: “Total rent due to stop eviction: $[amount].”
• If you show other charges separately, clarify that those do not alter the rent total required to cure nonpayment unless the law allows them to be included.

7) Deadline to pay or vacate

• State the five-day judicial deadline plainly. Use language like: “You have 5 judicial days after service of this notice to pay the total rent due in full or vacate the premises.”
• Give a specific calendar date if you can calculate it accurately using judicial days. If you are unsure because of holidays, keep the “5 judicial days after service” phrasing and fill out the certificate of service so the counting is clear.
• Explain judicial days concisely: “Judicial days do not include weekends or legal court holidays.”

8) How and where to pay

• Tell the tenant exactly how to pay: acceptable methods (e.g., cashier’s check, money order, online portal), payee name, and where to deliver payment.
• Provide a physical address for in-person or overnight delivery and list business hours. If you accept electronic payments, include the portal URL or platform name and any required tenant ID or account number. If you require certified funds after a bounced check, say so.
• Add a warning not to mail cash. If you require that payment be delivered to a property manager’s office or a lockbox, give those instructions clearly.

9) How to comply with the vacating

• State the vacate option clearly: “If you do not pay the total rent due within five judicial days, you must vacate and return possession of the premises by the deadline.”
• Give move-out instructions for returning keys and providing a forwarding address for the security deposit settlement.

10) Tenant rights and consequences

• Include a plain-language statement of rights: “You may stop the eviction by paying the total rent due within five judicial days. If you disagree with this notice, you may file a response with the appropriate court within the same 5 judicial-day period.”
• State the consequence of inaction: “If you do not pay, vacate, or file a court response within five judicial days, the landlord may seek a court order for your removal.”

11) Landlord or agent signature

• Sign and date the notice. Print your name and title (Owner, Property Manager, Authorized Agent). If you sign on behalf of an entity, include the entity name and your capacity.

12) Certificate of service

• This section proves when and how the notice was delivered. It is critical for enforcement.
• The person who serves the notice completes this section. They should check the method used:
• Personal delivery to the tenant at the unit, with date and time.
• Substituted service on a person of suitable age at the unit, with that person’s name if available, and a same-day or next-business-day mailing to the tenant’s address.
• Posting in a conspicuous place at the unit (for example, on the front door), with a same-day or next-business-day mailing to the tenant’s address.
• The server prints their name, signs, and dates the certificate. If the server is a constable, sheriff, or licensed process server, they should include their badge or license number if applicable. Keep any mailing receipts.

13) Attachments (recommended)

• Attach a rent ledger showing periods, charges for base rent, payments received, and current balance. This minimizes disputes over the amount owed.
• If the tenant recently made a payment that is not reflected in your system, note it. Transparency reduces challenges in court.

14) Final review before service

• Confirm names and addresses are accurate.
• Recheck the rent math and the period dates.
• Make sure payment instructions are specific and workable within the five-day window.
• Ensure the deadline language references “5 judicial days.”

15) Serving the notice

• Choose a compliant service method. Personal service is strongest. If you cannot personally serve, use substituted service with mailing or posting with mailing as allowed.
• Complete the certificate of service immediately. Accurate time-stamping helps with the judicial-day count.
• Keep copies of everything: the notice, attachments, and proof of mailing.

16) After service: what to expect

• Start counting the five judicial days the day after service. Do not count weekends or court holidays.
• If the tenant tenders full rent within the deadline using an accepted method, provide a receipt and confirm in writing that the notice is satisfied.
• If the tenant does not pay or vacate by the deadline, prepare your court filing for summary eviction. You will need a copy of the notice, the certificate of service, and your rent ledger. If the tenant files a response in court, attend the hearing with your documents.

Common Mistakes to Avoid

• Demanding the wrong amount or mixing non-rent charges into the cure amount without explaining them.
• Forgetting to mail a copy when required after posting or substituted service.
• Miscounting the five judicial days and filing too early.
• Leaving out payment instructions or listing a payment method you cannot process quickly.
• Failing to sign the notice or to complete the certificate of service.

If you complete the form with precise amounts, clear instructions, and proper service, you give the tenant a fair path to cure and protect your ability to move forward in court if they do not.

Legal Terms You Might Encounter

• Rent is the base amount you agreed to pay for the unit. Your form should state the unpaid rent only, unless the form allows more.
• Delinquent amount is the total you claim as unpaid when you serve the notice. It should match your ledger for the period you list.
• Notice to Pay Rent or Quit is a written demand to pay or move. This form tells the tenant what is due and the deadline to fix it.
• Cure means the tenant can fix the issue by paying the full amount on time. If they cure, the notice ends, and no case should follow.
• Quit means surrender the unit and return the keys. If the tenant does not pay on time, the notice demands that they quit possession.
• Service of notice is how you deliver the form to the tenant. Delivery rules are strict, and you must document how the service happened.
• Proof of service is a signed statement showing when and how you served. Courts rely on it to verify that proper notice was given.
• Grace period is extra time to pay after the due date if the lease provides it. If you give a grace period, start your notice after it.
• Late fees are charged for paying late under the lease. Some forms allow you to claim late fees; others limit the claim to rent only.
• Partial payment means you accept less than the full amount. Accepting partial payment can affect your notice. Decide before you accept.
• Possession is the legal right to occupy the unit. The notice tells the tenant to pay or give up possession by the deadline.
• Business days and calendar days affect how you count the five days. Follow the counting rules stated on the form instructions.
• Holdover is when the tenant stays after the deadline without paying. That may allow you to pursue an eviction for nonpayment.
• Waiver happens if your actions undo your notice. Accepting terms that conflict with the notice may waive it. Document your intent.

FAQs

Do you include late fees in the amount due?

If the form allows late fees, you can list them. If the form limits amounts to rent only, list only unpaid rent. Keep a separate ledger for any other charges. Always show clear math. If you include fees, reference the lease clause that authorizes them.

Do you count weekends and holidays in the five days?

Follow the counting rules stated on your form and any instructions that come with it. Some notices count only certain days. If the form uses specific day counting, apply that method exactly. Mark your calendar based on the counting rule you must follow.

Do you have to serve every adult listed on the lease?

Serve each named tenant and any other adult you intend to include. If the form has space for multiple names, list them. If you know about additional adult occupants, include “all other occupants” where the form allows. Service must give fair notice to everyone you claim against.

Can you email or text the notice?

Only use delivery methods allowed by the form and applicable rules. Many notices require personal delivery, substitute delivery, or posting and mailing. If electronic delivery is not listed as allowed, do not rely on it alone. You can send a courtesy copy by email in addition to proper service.

What if the tenant pays part of the amount before the deadline?

Decide on your policy before serving. If you accept partial payment, put in writing that the notice remains in effect unless you receive the full balance by the deadline. If you prefer not to accept partial payment, state that clearly when payment is offered. Keep detailed records either way.

What if the tenant pays in full within the deadline?

Issue a receipt and stop the notice process. Document the date and amount paid. Confirm in writing that the account is current. Do not file an eviction for that notice if the tenant cured on time.

What happens if the amount on the notice is wrong?

A wrong amount can cause delays or dismissal of your case. If you discover an error, withdraw or disregard the notice and serve a corrected one. Do not proceed on a notice with math errors or unverified charges. Keep your ledger accurate and current.

Do you need to file the notice with a court right away?

No. You first serve the notice on the tenant and wait the required time. If the tenant does not pay or move by the deadline, you can start a case. Bring the notice and proof of service with your filing. Keep copies of everything you served and mailed.

Checklist: Before, During, and After the AB226 – 5-day Notice to Pay Rent or Quit

Before signing

• Lease or rental agreement, including any addenda on fees.
• Full rent ledger showing charges, payments, and balances.
• The exact unpaid rent amount and the period it covers.
• Late fee terms, if you plan to include fees allowed by the form.
• Tenant names as they appear on the lease.
• Unit address, including unit number and county.
• Your legal name or business entity name, and authority to sign.
• Clear payment instructions: how, where, and to whom to pay.
• Service address for payment in person and mailing address for checks.
• A neutral person available to serve, if you will not serve yourself.
• A fresh, complete copy of the correct form version.
• Calendar to calculate the notice period as the form requires.

During signing

• Verify the unpaid rent amount matches your ledger.
• Confirm that the rent period and due date are correct.
• Make sure names, spellings, and the property address are exact.
• State only the amounts that the form allows you to claim.
• Provide at least one reliable payment method.
• Enter clear contact information for questions about the balance.
• Date the notice the day you will serve it.
• Sign in the correct signature block as landlord or agent.
• Leave the proof of service blank for the server to complete later.
• Make two copies: one to serve, one to keep before service.

After signing

• Serve the notice using a permitted method stated on the form.
• Complete the proof of service with date, time, and method.
• If posting is used, also follow any mailing requirements on the form.
• Keep copies of the notice, proof of service, and any mail receipts.
• Record all payments received after service in your ledger.
• Calendar the exact deadline date based on the form’s counting rules.
• Do not accept cash without issuing a receipt.
• Avoid side deals that conflict with the notice unless documented.
• If full payment arrives on time, stop and confirm in writing.
• If no cure occurs, prepare your filing packet with all records.

Common Mistakes to Avoid AB226 – 5-day Notice to Pay Rent or Quit

• Listing the wrong amount due can sink your case. A court can dismiss a case if your figures are off. Don’t forget to reconcile your ledger before you sign.
• Including charges that the form does not allow can void your notice. You risk starting over. Only include amounts that the form permits. Separate other charges if needed.
• Serving incorrectly can delay everything. Improper delivery often forces a restart. Don’t forget to follow the service steps stated on the form and document them.
• Accepting partial payment without terms can waive your notice. You may lose the right to proceed. Don’t forget to state in writing whether the notice still stands.
• Using the wrong date count can make your filing premature. That can cause dismissal. Don’t forget to count days exactly as the form instructs.

What to Do After Filling Out the Form AB226 – 5-day Notice to Pay Rent or Quit

1. Make copies for each tenant and for your records. Keep an extra office copy.
2. Choose a permitted service method. Use a neutral adult if possible.
3. Serve the notice. Note the date, time, and place of service.
4. If posting is used, complete any mailing required by the form the same day.
5. Complete the proof of service. Sign and date it. Attach mail receipts if used.
6. Calendar the cure deadline based on the form’s day-count rules.
7. Monitor payments. Issue receipts for any funds you accept.
8. If the tenant pays in full on time, confirm in writing and close the file.
9. If the tenant pays partially, decide whether to accept with conditions. Confirm your terms in writing.
10. If no cure occurs by the deadline, prepare your filing. Include the notice, proof of service, the lease, and your ledger.
11. If you discover an error, stop and re-serve a corrected notice. Do not file on a defective notice.
12. Store all documents securely. Keep copies of the notice, proof of service, ledger, lease, and correspondence.
13. If you reach a payment plan, put it in writing. State dates, amounts, and what happens if payments stop.
14. If the tenant moves out, schedule a move-out inspection. Document the condition and handle any deposit accounting as required.
15. Review your process after each case. Update your checklist to prevent repeat issues.