Law Office of Hayes & Welsh

Recent Nevada Supreme Court Decision on Notices of Default

In Rose v. Treasure Island, Case No. 71941-COA, 135 Nev. , Adv. Op. 19 (June 6, 2019), the Nevada Supreme Court held that strict compliance with the notice requirements in a lease agreement was not required where the defaulting party had actual notice of the default. Id. at *5 - 6. Although the Court did not decide whether Nevada is a strict compliance state (majority), or a substantial compliance state (minority), it seemed to indicate that it would follow the majority approach and require strict compliance if there was no actual notice involved. Id. at *5. The Court further held that the subtenant was not a necessary party under NRCP 19. Id. at *16.

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
199 North Arroyo Grande Blvd
Suite 200
Henderson, NV 89074

Phone: 702-434-3444
Fax: 702-434-3739

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