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Recent Nevada Supreme Court Decision on Notices of Default

On Behalf of | Apr 14, 2020 | Business Litigation

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.