Legal Question in Real Estate Law in Nevada

Nevada law is very specific concerning the actions a landlord must take, and the appropriate response by a tenant of residential real property, when there is an issue of performance of a lease covenant. The question posed suggests that the covenant has something to do with some action taken by the tenant's minor child. Without more, there is no way to determine what the lease covenent (promise) requires, or what the tenant can do to comply. The law governing this type of clause in the context of formal eviction actions reads:

NRS 40.2516 Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture. A tenant of real property or a mobile home 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 property or mobile home is held, other than those mentioned in NRS 40.250 to 40.252, inclusive, and NRS 40.254, and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the property, served upon the tenant, and, if there is a subtenant in actual occupation of the premises, also upon the subtenant, remains uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, 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.

(Added to NRS by 1985, 226)

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