A.B. 283
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ASSEMBLY BILL NO. 283–ASSEMBLYMEMBER CARTER
FEBRUARY 25, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing certain actions and
proceedings relating to real property. (BDR 3-819)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to property; revising provisions relating to
summary evictions; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
In general, existing law authorizes a landlord who seeks to recover possession 1
of a premises from a tenant to do so by filing an unlawful detainer action or an 2
action for summary eviction. (NRS 40.253, 40.254, 40.2542, 40.290-40.420) 3
Existing law prescribes separate summary eviction procedures for the summary 4
eviction of: (1) certain tenants who are not tenants of a commercial premises and 5
who default in the payment of rent; (2) certain tenants who are guilty of unlawful 6
detainer for reasons other than a default in the payment of rent; and (3) certain 7
tenants of a commercial premises who default in the payment of rent. (NRS 40.253, 8
40.254, 40.2542) 9
In general, the summary eviction procedures prescribed by existing law require 10
a landlord to provide certain written notice to a tenant: (1) informing the tenant that 11
he or she must take certain action or surrender the premises on or before a date 12
specified in the notice; and (2) advising the tenant of his or her right to contest the 13
matter by filing an affidavit with the court that has jurisdiction over the matter. In 14
so doing, the summary eviction procedures prescribed by existing law require a 15
tenant who contests a summary eviction to file an affidavit in court concerning an 16
action for summary eviction before a landlord is required to make any filing 17
concerning the matter. If such an affidavit is filed, a hearing is held. If no such 18
affidavit is filed, upon noncompliance of a tenant with the written notice, existing 19
law authorizes: (1) the landlord to apply by affidavit of complaint for the summary 20
eviction of the tenant; and (2) the court, without holding a hearing, to order the 21
removal of the tenant within a prescribed period. (NRS 40.253, 40.254, 40.2542) 22
Section 20 of this bill repeals the summary eviction procedures prescribed by 23
existing law for the summary eviction of: (1) certain tenants who are not tenants of 24
a commercial premises and who default in the payment of rent; and (2) certain 25
tenants who are guilty of unlawful detainer for reasons other than a default in the 26
payment of rent. Sections 2-6 of this bill reenact, reorganize and revise these 27
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procedures. Section 2 establishes a new procedure for the summary eviction of 28
certain tenants who are not tenants of a commercial premises and who default in the 29
payment of rent. Section 6 establishes a new procedure for the summary eviction of 30
certain tenants who are guilty of unlawful detainer for reasons other than a default 31
in the payment of rent. 32
The new procedures for summary eviction set forth in sections 2 and 6 are 33
similar to the procedures repealed by section 20 except with regard to: (1) the 34
required contents of a written notice; (2) certain requirements relating to filings 35
made with the court; and (3) the period before the removal of a tenant. Instead of 36
requiring a tenant who contests a summary eviction to file an affidavit in court 37
before the landlord files a complaint, sections 2 and 6 require the landlord, upon 38
the expiration of certain notice provided to the tenant, to: (1) apply by affidavit of 39
complaint for the summary eviction of the tenant; and (2) serve the tenant with a 40
file-stamped copy of the affidavit of complaint and a copy of the summons. 41
Sections 2 and 6 additionally require the landlord to file with the court proof of 42
service of the affidavit, summons and notice within a prescribed period. Sections 2 43
and 6 require the tenant to file an answer to the affidavit of complaint within 7 44
judicial days after the date of service. If a tenant files an answer within the 45
prescribed period, a hearing is held. If no such answer is filed, sections 2 and 6 46
authorize the court, without holding a hearing, to order the removal of the tenant 47
within a prescribed period under certain circumstances. Sections 7-18 of this bill 48
make conforming changes relating to the repeal, revision and reorganization of the 49
procedures for summary eviction. 50
Existing law requires a court that grants an action for summary eviction for a 51
default in the payment of rent during the COVID-19 emergency to automatically 52
seal the eviction case court file. (NRS 40.2545) Section 9 removes requirements 53
relating to the COVID-19 emergency. Section 9 also requires a court to 54
automatically seal the eviction case court file for an action for summary eviction 55
brought pursuant to section 2 or 6 under certain circumstances. Section 19 of this 56
bill makes the amendatory provisions of sections 2-18 applicable to an action for 57
summary eviction which accrues on or after October 1, 2025. 58
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 6, inclusive, of this 2
act. 3
Sec. 2. 1. Except as otherwise provided in subsection 14, in 4
addition to the remedies provided in NRS 40.290 to 40.420, 5
inclusive, a landlord may pursue the summary eviction of a tenant 6
for a default in the payment of rent using the procedure for 7
summary eviction provided in this section. 8
2. Before a landlord or landlord’s agent may file an affidavit 9
of complaint for the summary eviction of a tenant for a default in 10
the payment of rent, the landlord or the landlord’s agent must 11
serve upon the tenant a written notice which: 12
(a) Except as otherwise provided in subsection 12, requires the 13
tenant to pay the past due rent or surrender the premises before 14
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the close of business on the seventh judicial day following the date 1
of service; and 2
(b) Informs the tenant that if the tenant fails to comply with 3
the requirements of paragraph (a), the landlord may apply by 4
affidavit of complaint for the summary eviction of the tenant. 5
3. Upon noncompliance of a tenant with the notice served 6
pursuant to subsection 2, the landlord or the landlord’s agent may 7
apply by affidavit of complaint for summary eviction to the justice 8
court of the township in which the dwelling, apartment, mobile 9
home or recreational vehicle is located. After the filing of an 10
affidavit of complaint for summary eviction, a summons must be 11
issued. 12
4. An affidavit of complaint for summary eviction filed 13
pursuant to subsection 3 must: 14
(a) Except as otherwise provided in subsection 12, be filed with 15
the court not later than 30 calendar days after the expiration of 16
the notice period described in subsection 2; and 17
(b) State or contain: 18
(1) The date the tenancy commenced; 19
(2) The amount of periodic rent reserved; 20
(3) The amounts of any cleaning, security or rent deposits 21
paid in advance, in excess of the first month’s rent, by the tenant; 22
(4) The date the rental payments became delinquent; 23
(5) The length of time the tenant has remained in 24
possession without paying rent; 25
(6) The amount of rent claimed due and delinquent; 26
(7) A statement that the written notice was served on the 27
tenant in accordance with NRS 40.280; 28
(8) A copy of the written notice served on the tenant 29
pursuant to subsection 2; and 30
(9) A copy of the signed written rental agreement, if any. 31
5. A landlord or landlord’s agent who applies for summary 32
eviction pursuant to subsection 3 shall, within: 33
(a) Fifteen calendar days after the date on which the affidavit 34
of complaint for summary eviction is filed, serve upon the tenant a 35
file-stamped copy of the affidavit of complaint, with or without a 36
copy of the signed rental agreement, and a copy of the summons 37
which must advise the tenant that: 38
(1) Except as otherwise provided in subsection 12, the 39
tenant must file a written answer to the affidavit of complaint for 40
summary eviction with the court that has jurisdiction over the 41
matter not later than 7 judicial days after service of the affidavit of 42
complaint for summary eviction; 43
(2) If the tenant does not file an answer within the period 44
described in subparagraph (1), the court may issue a summary 45
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order for the removal of the tenant or providing for the 1
nonadmittance of the tenant; 2
(3) Pursuant to NRS 118A.390, the tenant may seek relief if 3
a landlord unlawfully removes the tenant from the premises or 4
excludes the tenant by blocking or attempting to block the tenant’s 5
entry upon the premises or willfully interrupts or causes or permits 6
the interruption of an essential item or service required by the 7
rental agreement or chapter 118A of NRS; and 8
(4) The tenant may request that the court stay the execution 9
of the summary order for the removal of the tenant or providing 10
for the nonadmittance of the tenant for a period not exceeding 10 11
days pursuant to subsection 2 of NRS 70.010, stating the reasons 12
why such a stay is warranted. 13
(b) Thirty calendar days after the date on which the affidavit 14
of complaint for summary eviction is filed, file with the court proof 15
of service of the affidavit and summons required by paragraph (a). 16
6. Except as otherwise provided in subsection 12, upon being 17
served pursuant to subsection 5, the tenant shall, within 7 judicial 18
days after the date of service, file a written answer with the court 19
that has jurisdiction over the matter. If no written answer is filed 20
within the period prescribed by this subsection and the landlord 21
otherwise complies with the requirements prescribed by this 22
section, the court may, without holding a hearing but after 23
determining that a landlord has complied with the requirements 24
prescribed by this section and the tenant is guilty of an unlawful 25
detainer, issue a summary order which: 26
(a) Provides for the removal of the tenant or for the 27
nonadmittance of the tenant; and 28
(b) Directs the sheriff or constable of the county to perform the 29
actions required by section 3 of this act. 30
7. If a tenant files a written answer pursuant to subsection 6, 31
the court shall hold a hearing to determine the truthfulness and 32
sufficiency of the affidavit of complaint for summary eviction. 33
8. If, after a hearing held pursuant to subsection 7, the court 34
determines that: 35
(a) There is no legal defense as to the alleged unlawful 36
detainer and the tenant is guilty of an unlawful detainer, the court 37
may issue a summary order for the removal of the tenant or 38
providing for the nonadmittance of the tenant. 39
(b) There is a legal defense as to the alleged unlawful detainer, 40
the court shall take no further action and any further proceedings 41
must be conducted pursuant to NRS 40.290 to 40.420, inclusive. 42
9. The court shall dismiss an action for summary eviction if 43
the landlord does not comply with the requirements prescribed by 44
paragraph (b) of subsection 5. 45
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10. Written notices to the tenant prescribed by this section, 1
including, without limitation, the affidavit of complaint and 2
summons, must be served in the manner provided by NRS 40.280. 3
11. Proof of service of any notice required by this section 4
must be filed with the court before a summary order for the 5
removal of the tenant or providing for the nonadmittance of the 6
tenant is issued pursuant to subsection 6 or 8, as applicable. 7
12. For the purposes of this section, if the date on which: 8
(a) An affidavit of complaint for summary eviction or a written 9
answer to such an affidavit must be filed falls on a nonjudicial 10
day, the filing is timely if performed on the next judicial day. 11
(b) A tenant must pay any past due rent or surrender the 12
premises falls on a Saturday, Sunday or legal holiday, the tenant 13
must pay the past due rent or surrender the premises before the 14
close of business on the next day the business office of the 15
landlord is open. 16
13. A landlord shall not refuse to accept rent from a tenant 17
that is submitted after the landlord or the landlord’s agent has 18
served a notice pursuant to subsection 2 if the refusal is based on 19
the fact that the tenant has not paid collection fees, attorney’s fees 20
or other costs other than rent, a reasonable charge for late 21
payments of rent or dishonored checks, or a security deposit. 22
14. Except as otherwise provided in NRS 118A.315, this 23
section does not apply to: 24
(a) A tenant of a commercial premises; 25
(b) A tenant of a mobile home lot in a mobile home park or a 26
tenant of a recreational vehicle lot in an area of a mobile home 27
park in this State, other than an area designated as a recreational 28
vehicle lot pursuant to the provisions of subsection 8 of NRS 29
40.215; or 30
(c) A tenant who provides proof to the landlord that he or she 31
is a federal worker, tribal worker, state worker or household 32
member of such a worker during a shutdown. 33
15. As used in this section, “security deposit” has the 34
meaning ascribed to it in NRS 118A.240. 35
Sec. 3. Upon receipt of a summary order for the removal of 36
the tenant or providing for the nonadmittance of the tenant issued 37
pursuant to subsection 6 of section 2 of this act, the sheriff or 38
constable shall: 39
1. Post the order in a conspicuous place on the premises not 40
later than 24 hours after the order is received by the sheriff or 41
constable. 42
2. As soon as reasonably practicable, but not earlier than 24 43
hours after the posting of the order, remove the tenant. 44
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Sec. 4. 1. A tenant against whom a court issues a summary 1
order for removal pursuant to section 2 of this act may, upon 2
payment of the appropriate fees relating to the filing and service of 3
a motion, file a motion to dispute the amount of the costs, if any, 4
claimed by the landlord pursuant to NRS 118A.460. 5
2. A motion filed pursuant to subsection 1 must be made on a 6
form prescribed by the clerk of the court and filed within 20 days 7
after the later of: 8
(a) The date on which the summary order for removal or 9
providing for nonadmittance was issued. 10
(b) The date on which the tenant vacated or was removed from 11
the premises. 12
(c) The date on which a copy of the costs claimed by the 13
landlord was requested by or provided to the tenant. 14
3. Upon the filing of a motion pursuant to subsection 1, the 15
court shall schedule a hearing on the motion. The hearing must be 16
held within 10 days after the filing of the motion. The court shall 17
affix the date of the hearing to the motion and order a copy served 18
upon the landlord by the sheriff, constable or other process server 19
licensed pursuant to chapter 648 of NRS. At the hearing, the court 20
may: 21
(a) Determine the costs, if any, claimed by the landlord 22
pursuant to NRS 118A.460 and any accumulating daily costs; and 23
(b) Order the release of the tenant’s property upon the 24
payment of the charges determined to be due or if no charges are 25
determined to be due. 26
Sec. 5. 1. A tenant against whom a court issues a summary 27
order for removal pursuant to section 2 of this act may, upon 28
payment of the appropriate fees relating to the filing and service of 29
a motion, file a motion to dispute the reasonableness of any action 30
taken by the landlord pursuant to subsection 3 of NRS 118A.460. 31
2. A motion filed pursuant to subsection 1 must be made on a 32
form prescribed by the clerk of the court and filed within 5 days 33
after the date on which the tenant vacated or was removed from 34
the premises. 35
3. Upon the filing of a motion pursuant to subsection 1, the 36
court shall schedule a hearing on the motion. The hearing must be 37
held within 5 days after the filing of the motion. The court shall 38
affix the date of the hearing to the motion and order a copy served 39
upon the landlord by the sheriff, constable or other process server. 40
At the hearing, the court may: 41
(a) Order the landlord to allow the tenant to retrieve his or her 42
essential personal effects at the date and time and for a period 43
necessary for the retrieval, as determined by the court; and 44
(b) Award damages in an amount not greater than $2,500. 45
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4. In determining the amount of damages, if any, to be 1
awarded under paragraph (b) of subsection 3, the court shall 2
consider: 3
(a) Whether the landlord acted in good faith; 4
(b) The course of conduct between the landlord and the 5
tenant; and 6
(c) The degree of harm to the tenant caused by the landlord’s 7
conduct. 8
Sec. 6. 1. Except as otherwise provided in subsection 15, in 9
addition to the remedies provided in NRS 40.290 to 40.420, 10
inclusive, a landlord may pursue the summary eviction of a tenant 11
for an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 12
or 40.2516 using the procedure for summary eviction provided in 13
this section. 14
2. Before a landlord or landlord’s agent may file an affidavit 15
of complaint for the summary eviction of a tenant for an unlawful 16
detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the 17
landlord or the landlord’s agent must serve upon the tenant: 18
(a) The written notice to surrender required by NRS 40.251, 19
40.2514 or 40.2516, as applicable; and 20
(b) A written notice which informs the tenant that if the tenant 21
fails to comply with the requirements of the written notice to 22
surrender, the landlord may apply by affidavit of complaint for the 23
summary eviction of the tenant. 24
3. Upon noncompliance of a tenant with the written notice 25
required by paragraph (a) of subsection 2, the landlord or the 26
landlord’s agent may apply by affidavit of complaint for summary 27
eviction to the justice court of the township in which the dwelling, 28
apartment, mobile home or recreational vehicle is located. After 29
the filing of an affidavit of complaint for summary eviction, a 30
summons must be issued. 31
4. An affidavit of complaint for summary eviction filed 32
pursuant to subsection 3 must: 33
(a) Except as otherwise provided in subsection 12, be filed with 34
the court not later than 30 calendar days after the expiration of 35
the period described in the written notice to surrender required by 36
paragraph (a) of subsection 2; and 37
(b) State or contain: 38
(1) The date the tenancy commenced; 39
(2) The date when the tenancy or rental agreement 40
allegedly terminated; 41
(3) A copy of the written notice served on the tenant 42
pursuant to subsection 2; 43
(4) Any facts supporting the written notice; 44
(5) A copy of the signed written rental agreement, if any; 45
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(6) A statement that the written notice was served on the 1
tenant in accordance with NRS 40.280; and 2
(7) A copy of the notice of change of ownership served on 3
the tenant pursuant to NRS 40.255, if the property has been 4
purchased in a residential foreclosure. 5
5. A landlord or landlord’s agent who applies for summary 6
eviction pursuant to subsection 3 shall, within: 7
(a) Fifteen calendar days after the date on which the affidavit 8
of complaint for summary eviction is filed, serve upon the tenant a 9
file-stamped copy of the affidavit of complaint, with or without a 10
copy of the signed rental agreement and a copy of the summons 11
which must advise the tenant that: 12
(1) Except as otherwise provided in subsection 12, the 13
tenant must file a written answer to the affidavit of complaint for 14
summary eviction with the court that has jurisdiction over the 15
matter not later than 7 judicial days after service of the affidavit of 16
complaint for summary eviction; 17
(2) If the tenant does not file an answer within the period 18
described in subparagraph (1), the court may issue a summary 19
order for the removal of the tenant or providing for the 20
nonadmittance of the tenant; 21
(3) Pursuant to NRS 118A.390, the tenant may seek relief if 22
a landlord unlawfully removes the tenant from the premises or 23
excludes the tenant by blocking or attempting to block the tenant’s 24
entry upon the premises or willfully interrupts or causes or permits 25
the interruption of an essential item or service required by the 26
rental agreement or chapter 118A of NRS; and 27
(4) The tenant may request that the court stay the execution 28
of the summary order for the removal of the tenant or providing 29
for the nonadmittance of the tenant for a period not exceeding 10 30
days pursuant to subsection 2 of NRS 70.010, stating the reasons 31
why such a stay is warranted. 32
(b) Thirty calendar days after the date on which the affidavit 33
of complaint for summary eviction is filed, file with the court proof 34
of service of the affidavit and summons required by paragraph (a). 35
6. Except as otherwise provided in subsection 12, upon being 36
served pursuant to subsection 5, the tenant shall, within 7 judicial 37
days after the date of service, file a written answer with the court 38
that has jurisdiction over the matter. If no written answer is filed 39
within the period prescribed by this subsection and the landlord 40
otherwise complies with the requirements prescribed by this 41
section, the court may, without holding a hearing but after 42
determining that a landlord has complied with the requirements 43
prescribed by this section and the tenant is guilty of an unlawful 44
detainer, issue a summary order which: 45
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(a) Provides for the removal of the tenant or for the 1
nonadmittance of the tenant; and 2
(b) Directs the sheriff or constable of the county to perform the 3
actions required by section 3 of this act. 4
7. If a tenant files a written answer pursuant to subsection 6, 5
the court shall hold a hearing to determine the truthfulness and 6
sufficiency of the affidavit of complaint for summary eviction. 7
8. If, after a hearing held pursuant to subsection 7, the court 8
determines that: 9
(a) There is no legal defense as to the alleged unlawful 10
detainer and the tenant is guilty of an unlawful detainer, the court 11
may issue a summary order for the removal of the tenant or 12
providing for the nonadmittance of the tenant. 13
(b) There is a legal defense as to the alleged unlawful detainer, 14
the court shall take no further action and any further proceedings 15
be conducted pursuant to NRS 40.290 to 40.420, inclusive. 16
9. The court shall dismiss an action for summary eviction if 17
the landlord does not comply with the requirements prescribed by 18
paragraph (b) of subsection 5. 19
10. Written notices to the tenant prescribed by this section, 20
including, without limitation, the affidavit of complaint and 21
summons, must be served in the manner provided by NRS 40.280. 22
11. Proof of service of any notice required by this section 23
must be filed with the court before a summary order for the 24
removal of the tenant or providing for the nonadmittance of the 25
tenant is issued pursuant to subsection 6 or 8, as applicable. 26
12. For the purposes of this section, if the date on which an 27
affidavit of complaint for summary eviction or a written answer to 28
such an affidavit must be filed falls on a nonjudicial day, the filing 29
is timely if performed on the next judicial day. 30
13. A landlord shall not refuse to accept rent from a tenant 31
that is submitted after the landlord or the landlord’s agent has 32
served a notice pursuant to subsection 2 if the refusal is based on 33
the fact that the tenant has not paid collection fees, attorney’s fees 34
or other costs other than rent, a reasonable charge for late 35
payments of rent or dishonored checks, or a security deposit. 36
14. If the tenant is found guilty of unlawful detainer as a 37
result of the tenant’s violation of any of the provisions of NRS 38
453.011 to 453.552, inclusive, except NRS 453.336, the landlord is 39
entitled to be awarded any reasonable attorney’s fees incurred by 40
the landlord or the landlord’s agent as a result of a hearing, if 41
any, held pursuant to subsection 7 wherein the tenant contested 42
the eviction. 43
15. Except as otherwise provided in NRS 118A.315, this 44
section does not apply to: 45
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(a) A tenant of a commercial premises; 1
(b) A tenant of a mobile home lot in a mobile home park or a 2
tenant of a recreational vehicle lot in an area of a mobile home 3
park in this State, other than an area designated as a recreational 4
vehicle lot pursuant to the provisions of subsection 8 of NRS 5
40.215; or 6
(c) A tenant who provides proof to the landlord that he or she 7
is a federal worker, tribal worker, state worker or household 8
member of such a worker during a shutdown. 9
16. As used in this section, “security deposit” has the 10
meaning ascribed to it in NRS 118A.240. 11
Sec. 7. NRS 40.2516 is hereby amended to read as follows: 12
40.2516 1. A tenant of real property, a dwelling unit, a 13
recreational vehicle or a mobile home other than a mobile home lot 14
or a recreational vehicle lot for a term less than life is guilty of an 15
unlawful detainer when the tenant continues in possession, in person 16
or by subtenant, after a neglect or failure to perform any condition 17
or covenant of the lease or agreement under which the real property, 18
dwelling unit, recreational vehicle or mobile home is held, other 19
than those mentioned in NRS 40.250 to [40.254,] 40.252, inclusive, 20
and sections 2 to 6, inclusive, of this act, and after notice in writing, 21
requiring in the alternative the performance of the condition or 22
covenant or the surrender of the real property, dwelling unit, 23
recreational vehicle or mobile home, served upon the tenant, and, if 24
there is a subtenant in actual occupation of the premises or property, 25
also upon the subtenant, remains uncomplied with for 5 days after 26
the service thereof. Within 5 days after the service, the tenant, or 27
any subtenant in actual occupation of the premises or property, or 28
any mortgagee of the term, or other person, interested in its 29
continuance, may perform the condition or covenant and thereby 30
save the lease from forfeiture; but if the covenants and conditions of 31
the lease, violated by the lessee, cannot afterwards be performed, 32
then no notice need be given. 33
2. If a tenant is guilty of an unlawful detainer pursuant to this 34
section, the landlord may seek to recover possession of the real 35
property, dwelling unit, recreational vehicle or mobile home 36
pursuant to the provisions of NRS [40.254 or] 40.290 to 40.420, 37
inclusive [.] , or section 6 of this act. 38
Sec. 8. NRS 40.252 is hereby amended to read as follows: 39
40.252 For the purposes of NRS 40.250 to 40.252, inclusive, 40
and [NRS 40.254:] sections 2 to 6, inclusive, of this act: 41
1. It is unlawful for a landlord to attempt by contract or other 42
agreement to shorten the specified periods of notice and any such 43
contract or agreement is void. 44
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2. Notice to surrender the premises which was given by one 1
colessor of real property or a mobile home is valid unless it is 2
affirmatively shown that one or more of the other colessors did not 3
authorize the giving of the notice. 4
Sec. 9. NRS 40.2545 is hereby amended to read as follows: 5
40.2545 1. [If a court grants an action for summary eviction 6
pursuant to NRS 40.253 during the COVID-19 emergency, the court 7
shall automatically seal the eviction case court file. 8
2. In addition to the provisions for the automatic sealing of an 9
eviction case court file pursuant to subsection 1, in] In any action 10
for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542 11
[,] or section 2 or 6 of this act, the eviction case court file is sealed 12
automatically and not open to inspection: 13
(a) Upon the entry of a court order which dismisses the action 14
for summary eviction; 15
(b) Ten judicial days after the entry of a court order which 16
denies the action for summary eviction; or 17
(c) Thirty-one days after the tenant has filed an affidavit 18
described in [subsection 3 of NRS 40.253 or] subsection 3 of NRS 19
40.2542 . [, if the landlord has failed to file an affidavit of complaint 20
pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 21
40.2542 within 30 days after the tenant filed the affidavit. 22
3.] 2. In addition to the provisions for the automatic sealing of 23
an eviction case court file pursuant to [subsections] subsection 1 , 24
[and 2,] the court may order the sealing of an eviction case court file 25
for an action for summary eviction pursuant to NRS [40.253, 40.254 26
or] 40.2542 [:] or section 2 or 6 of this act: 27
(a) Upon the filing of a written stipulation by the landlord and 28
the tenant to set aside the order of eviction and seal the eviction case 29
court file; or 30
(b) Upon motion of the tenant and decision by the court if the 31
court finds that: 32
(1) The eviction should be set aside pursuant to Rule 60 of 33
the Justice Court Rules of Civil Procedure; or 34
(2) Sealing the eviction case court file is in the interests of 35
justice and those interests are not outweighed by the public’s 36
interest in knowing about the contents of the eviction case court file, 37
after considering, without limitation, the following factors: 38
(I) Circumstances beyond the control of the tenant that 39
led to the eviction; 40
(II) Other extenuating circumstances under which the 41
order of eviction was granted; and 42
(III) The amount of time that has elapsed between the 43
granting of the order of eviction and the filing of the motion to seal 44
the eviction case court file. 45
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[4.] 3. If the court orders the eviction case court file sealed 1
pursuant to this section, all proceedings recounted in the eviction 2
case court file shall be deemed never to have occurred. 3
[5.] 4. Except as otherwise provided in this subsection, a notice 4
to surrender must not be made available for public inspection by any 5
person or governmental entity, including, without limitation, by a 6
sheriff or constable. This subsection does not: 7
(a) Apply to a notice to surrender which has been filed with a 8
court and which is part of an eviction case court file that has not 9
been sealed pursuant to this section. 10
(b) Prohibit the service of a notice to surrender pursuant to NRS 11
40.280, and such service of a notice to surrender shall be deemed 12
not to constitute making the notice to surrender available for public 13
inspection as described in this subsection. 14
[6.] 5. As used in this section [: 15
(a) “COVID-19 emergency” means the period of time: 16
(1) Beginning on March 12, 2020, the date on which the 17
Governor issued the Declaration of Emergency for COVID-19; and 18
(2) Ending on the date on which the Governor terminates the 19
emergency described in the Declaration May 20, 2022. 20
(b) “Eviction] , “eviction case court file” means all records 21
relating to an action for summary eviction which are maintained by 22
the court, including, without limitation, the affidavit of complaint 23
and any other pleadings, proof of service, findings of the court, any 24
order made on motion as provided in Nevada Rules of Civil 25
Procedure, Justice Court Rules of Civil Procedure and local rules of 26
practice and all other papers, records, proceedings and evidence, 27
including exhibits and transcript of the testimony. 28
Sec. 10. NRS 40.255 is hereby amended to read as follows: 29
40.255 1. Except as otherwise provided in subsections 2 and 30
7, in any of the following cases, a person who holds over and 31
continues in possession of real property or a mobile home after a 3-32
day written notice to surrender has been served upon the person may 33
be removed as prescribed in NRS 40.290 to 40.420, inclusive: 34
(a) Where the property or mobile home has been sold under an 35
execution against the person, or against another person under whom 36
the person claims, and the title under the sale has been perfected; 37
(b) Where the property or mobile home has been sold upon the 38
foreclosure of a mortgage, or under an express power of sale 39
contained therein, executed by the person, or by another person 40
under whom the person claims, and the title under the sale has been 41
perfected; 42
(c) Where the property or mobile home has been sold under a 43
power of sale granted by NRS 107.080 to the trustee of a deed of 44
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trust executed by the person, or by another person under whom the 1
person claims, and the title under such sale has been perfected; or 2
(d) Where the property or mobile home has been sold by the 3
person, or by another person under whom the person claims, and the 4
title under the sale has been perfected. 5
2. If the property has been sold as a residential foreclosure, a 6
tenant or subtenant in actual occupation of the premises, other than a 7
person whose name appears on the mortgage or deed, who holds 8
over and continues in possession of real property or a mobile home 9
in any of the cases described in paragraph (b) or (c) of subsection 1 10
may be removed as prescribed in NRS 40.290 to 40.420, inclusive, 11
after receiving a notice of the change of ownership of the real 12
property or mobile home and after the expiration of a notice period 13
beginning on the date the notice was received by the tenant or 14
subtenant and expiring: 15
(a) For all periodic tenancies with a period of less than 1 month, 16
after not less than the number of days in the period; and 17
(b) For all other periodic tenancies or tenancies at will, after not 18
less than 60 days. 19
3. During the notice period described in subsection 2: 20
(a) The new owner has the rights, obligations and liabilities of 21
the previous owner or landlord pursuant to chapter 118A of NRS 22
under the lease or rental agreement which the previous owner or 23
landlord entered into with the tenant or subtenant regarding the 24
property; and 25
(b) The tenant or subtenant continues to have the rights, 26
obligations and liabilities that the tenant or subtenant had pursuant 27
to chapter 118A of NRS under the lease or rental agreement which 28
the tenant or subtenant entered into with the previous owner or 29
landlord regarding the property. 30
4. The notice described in subsection 2 must contain a 31
statement: 32
(a) Providing the contact information of the new owner to whom 33
rent should be remitted; 34
(b) Notifying the tenant or subtenant that the lease or rental 35
agreement the tenant or subtenant entered into with the previous 36
owner or landlord of the property continues in effect through the 37
notice period described in subsection 2; and 38
(c) Notifying the tenant or subtenant that failure to pay rent to 39
the new owner or comply with any other term of the agreement or 40
applicable law constitutes a breach of the lease or rental agreement 41
and may result in eviction proceedings, including, without 42
limitation, proceedings conducted pursuant to [NRS 40.253 and 43
40.254.] sections 2 and 6 of this act. 44
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5. If the property has been sold as a residential foreclosure in 1
any of the cases described in paragraph (b) or (c) of subsection 1, no 2
person may enter a record of eviction for a tenant or subtenant who 3
vacates a property during the notice period described in 4
subsection 2. 5
6. If the property has been sold as a residential foreclosure in 6
any of the cases described in paragraph (b) or (c) of subsection 1, 7
nothing in this section shall be deemed to prohibit: 8
(a) The tenant from vacating the property at any time before the 9
expiration of the notice period described in subsection 2 without any 10
obligation to the new owner of a property purchased pursuant to a 11
foreclosure sale or trustee’s sale; or 12
(b) The new owner of a property purchased pursuant to a 13
foreclosure sale or trustee’s sale from: 14
(1) Negotiating a new purchase, lease or rental agreement 15
with the tenant or subtenant; or 16
(2) Offering a payment to the tenant or subtenant in 17
exchange for vacating the premises on a date earlier than the 18
expiration of the notice period described in subsection 2. 19
7. This section does not apply to the tenant of a mobile home 20
lot in a mobile home park. 21
8. As used in this section, “residential foreclosure” means the 22
sale of a single family residence pursuant to NRS 40.430 or under a 23
power of sale granted by NRS 107.080. As used in this subsection, 24
“single family residence” means a structure that is comprised of not 25
more than four units. 26
Sec. 11. NRS 40.280 is hereby amended to read as follows: 27
40.280 1. Except as otherwise provided in NRS [40.253 and] 28
40.2542, the notices required by NRS 40.251 to 40.260, inclusive, 29
and sections 2 to 6, inclusive, of this act must be served by the 30
sheriff, a constable, a person who is licensed as a process server 31
pursuant to chapter 648 of NRS or the agent of an attorney licensed 32
to practice in this State: 33
(a) By delivering a copy to the tenant personally. 34
(b) If the tenant is absent from the tenant’s place of residence or 35
from the tenant’s usual place of business, by leaving a copy with a 36
person of suitable age and discretion at either place and mailing a 37
copy to the tenant at the tenant’s place of residence or place of 38
business. 39
(c) If the place of residence or business cannot be ascertained, or 40
a person of suitable age or discretion cannot be found there, by 41
posting a copy in a conspicuous place on the leased property, 42
delivering a copy to a person there residing, if the person can be 43
found, and mailing a copy to the tenant at the place where the leased 44
property is situated. 45
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2. The notices required by NRS 40.230, 40.240 and 40.414 1
must be served upon an unlawful or unauthorized occupant: 2
(a) Except as otherwise provided in this paragraph and 3
paragraph (b), by delivering a copy to the unlawful or unauthorized 4
occupant personally, in the presence of a witness. If service is 5
accomplished by the sheriff, constable or a person who is licensed 6
as a process server pursuant to chapter 648 of NRS, the presence of 7
a witness is not required. 8
(b) If the unlawful or unauthorized occupant is absent from the 9
real property, by leaving a copy with a person of suitable age and 10
discretion at the property and mailing a copy to the unlawful or 11
unauthorized occupant at the place where the property is situated. If 12
the occupant is unknown, the notice must be addressed to “Current 13
Occupant.” 14
(c) If a person of suitable age or discretion cannot be found at 15
the real property, by posting a copy in a conspicuous place on the 16
property and mailing a copy to the unlawful or unauthorized 17
occupant at the place where the property is situated. If the occupant 18
is unknown, the notice must be addressed to “Current Occupant.” 19
3. Service upon a subtenant may be made in the same manner 20
as provided in subsection 1. 21
4. Proof of service of any notice required by NRS 40.230 to 22
40.260, inclusive, and sections 2 to 6, inclusive, of this act must be 23
filed with the court before: 24
(a) An order for removal of a tenant is issued pursuant to [NRS 25
40.253 or 40.254;] section 2 or 6 of this act; 26
(b) An order for removal of an unlawful or unauthorized 27
occupant is issued pursuant to NRS 40.414; 28
(c) A writ of restitution is issued pursuant to NRS 40.290 to 29
40.420, inclusive; or 30
(d) An order for removal of a commercial tenant pursuant to 31
NRS 40.2542. 32
5. Proof of service of notice pursuant to NRS 40.230 to 40.260, 33
inclusive, and sections 2 to 6, inclusive, of this act that must be 34
filed before the court may issue an order or writ filed pursuant to 35
paragraph (a), (b) or (c) of subsection 4 must consist of: 36
(a) [Except as otherwise provided in paragraph (b): 37
(1)] If the notice was served pursuant to subsection 1, a 38
written statement, endorsed by the person who served the notice, 39
stating the date and manner of service. The statement must also 40
include the number of the badge or license of the person who served 41
the notice. If the notice was served by the agent of an attorney 42
licensed in this State, the statement must be accompanied by a 43
declaration, signed by the attorney and bearing the license number 44
of the attorney, stating that the attorney: 45
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[(I)] (1) Was retained by the landlord in an action 1
pursuant to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 2
6, inclusive, of this act; 3
[(II)] (2) Reviewed the date and manner of service by the 4
agent; and 5
[(III)] (3) Believes to the best of his or her knowledge that 6
such service complies with the requirements of this section. 7
[(2)] (b) If the notice was served pursuant to paragraph (a) of 8
subsection 2, an affidavit or declaration signed by the tenant or the 9
unlawful or unauthorized occupant, as applicable, and a witness, 10
signed under penalty of perjury by the server, acknowledging that 11
the tenant or occupant received the notice on a specified date. 12
[(3)] (c) If the notice was served pursuant to paragraph (b) or 13
(c) of subsection 2, an affidavit or declaration signed under penalty 14
of perjury by the person who served the notice, stating the date and 15
manner of service and accompanied by a confirmation of delivery or 16
certificate of mailing issued by the United States Postal Service or 17
confirmation of actual delivery by a private postal service. 18
[(b) For a short-term tenancy, if service of the notice was not 19
delivered in person: 20
(1) A certificate of mailing issued by the United States Postal 21
Service or by a private postal service to the landlord or the 22
landlord’s agent; or 23
(2) The endorsement of a sheriff or constable stating the: 24
(I) Time and date the request for service was made by the 25
landlord or the landlord’s agent; 26
(II) Time, date and manner of the service; and 27
(III) Fees paid for the service.] 28
6. Proof of service of notice pursuant to NRS 40.230 to 40.260, 29
inclusive, and sections 2 to 6, inclusive, of this act that must be 30
filed before the court may issue an order filed pursuant to paragraph 31
(d) of subsection 4 must consist of: 32
(a) Except as otherwise provided in paragraphs (b) and (c): 33
(1) If the notice was served pursuant to subsection 2 of NRS 34
40.2542, an affidavit or declaration signed by the tenant or the 35
unlawful or unauthorized occupant, and a witness, as applicable, 36
signed under penalty of perjury by the server, acknowledging that 37
the tenant or occupant received the notice on a specified date. 38
(2) If the notice was served pursuant to paragraph (b) or (c) 39
of subsection 1, an affidavit or declaration signed under penalty of 40
perjury by the person who served the notice, stating the date and 41
manner of service and accompanied by a confirmation of delivery or 42
certificate of mailing issued by the United States Postal Service or 43
confirmation of actual delivery by a private postal service. 44
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(b) If the notice was served by a sheriff, a constable or a person 1
who is licensed as a process server pursuant to chapter 648 of NRS, 2
a written statement, endorsed by the person who served the notice, 3
stating the date and manner of service. The statement must also 4
include the number of the badge or license of the person who served 5
the notice. 6
(c) For a short-term tenancy, if service of the notice was not 7
delivered in person: 8
(1) A certificate of mailing issued by the United States Postal 9
Service or by a private postal service to the landlord or the 10
landlord’s agent; or 11
(2) The endorsement of a sheriff or constable stating the: 12
(I) Time and date the request for service was made by the 13
landlord or the landlord’s agent; 14
(II) Time, date and manner of the service; and 15
(III) Fees paid for the service. 16
7. For the purpose of this section, an agent of an attorney 17
licensed in this State shall only serve notice pursuant to subsection 1 18
if: 19
(a) The landlord has retained the attorney in an action pursuant 20
to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 6, 21
inclusive, of this act; and 22
(b) The agent is acting at the direction and under the direct 23
supervision of the attorney. 24
Sec. 12. NRS 40.385 is hereby amended to read as follows: 25
40.385 1. Either party may appeal an order entered pursuant 26
to NRS [40.253, 40.254 or] 40.2542 or section 2 or 6 of this act by 27
filing a notice of appeal within 10 judicial days after the date of 28
entry of the order. 29
2. Except as otherwise provided in this section, a stay of 30
execution may be obtained by filing with the trial court a bond in the 31
amount of $250 to cover the expected costs on appeal. A surety 32
upon the bond submits to the jurisdiction of the appellate court and 33
irrevocably appoints the clerk of that court as the surety’s agent 34
upon whom papers affecting the surety’s liability upon the bond 35
may be served. Liability of a surety may be enforced, or the bond 36
may be released, on motion in the appellate court without 37
independent action. A tenant of commercial property may obtain a 38
stay of execution only upon the issuance of a stay pursuant to Rule 8 39
of the Nevada Rules of Appellate Procedure and the posting of a 40
supersedeas bond in the amount of 100 percent of any unpaid rent 41
claim of the landlord. 42
3. A tenant who retains possession of the premises that are the 43
subject of the appeal during the pendency of the appeal shall pay to 44
the landlord rent in the amount provided in the underlying contract 45
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between the tenant and the landlord as it becomes due. If the tenant 1
fails to pay such rent, the landlord may initiate new proceedings for 2
a summary eviction by serving the tenant with a new notice pursuant 3
to NRS [40.253, 40.254 or] 40.2542 [.] or section 2 or 6 of this act. 4
Sec. 13. NRS 118.205 is hereby amended to read as follows: 5
118.205 A notice provided by a landlord to a tenant pursuant to 6
NRS 118.195: 7
1. Must advise the tenant of the provisions of that section and 8
specify: 9
(a) The address or other location of the property; 10
(b) The date upon which the property will be deemed abandoned 11
and the rental agreement terminated; and 12
(c) An address for payment of the rent due and delivery of 13
notice to the landlord. 14
2. Must be served pursuant to subsection 1 of NRS 40.280. 15
3. May be included in the notice required by subsection [1] 2 16
of [NRS 40.253] section 2 of this act or subsection 1 of NRS 17
40.2542, as applicable. 18
Sec. 14. NRS 118A.349 is hereby amended to read as follows: 19
118A.349 1. If the property in which the premises are located 20
has been voluntarily transferred or sold, absent an agreement 21
between the new owner and the tenant to modify or terminate an 22
existing rental agreement: 23
(a) The new owner has the rights, obligations and liabilities of 24
the previous owner or landlord pursuant to this chapter under the 25
rental agreement which the previous owner or landlord entered into 26
with the tenant or subtenant regarding the premises; 27
(b) The tenant or subtenant continues to have the rights, 28
obligations and liabilities that the tenant or subtenant had pursuant 29
to this chapter under the rental agreement which the tenant or 30
subtenant entered into with the previous owner or landlord regarding 31
the premises; and 32
(c) Upon termination of the previous owner’s interest in the 33
premises by a voluntary transfer or sale, the previous owner shall 34
transfer the security deposit in the manner set forth in paragraph (a) 35
of subsection 1 of NRS 118A.244. The successor has the rights, 36
obligations and liabilities of the former landlord as to any security 37
deposit which is owed under NRS 118A.242 at the time of transfer. 38
2. The new owner pursuant to subsection 1 must provide a 39
notice to the tenant or subtenant within 30 days after the date of the 40
transfer or sale: 41
(a) Providing the contact information of the new owner to whom 42
rent should be remitted; 43
(b) Notifying the tenant or subtenant that the rental agreement 44
the tenant or subtenant entered into with the previous owner or 45
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landlord of the premises continues in effect through the period of the 1
tenancy and stating the amount held by the new owner for the 2
security deposit; and 3
(c) Notifying the tenant or subtenant that failure to pay rent to 4
the new owner or comply with any other term of the rental 5
agreement or applicable law constitutes a breach of the rental 6
agreement and may result in eviction proceedings, including, 7
without limitation, proceedings conducted pursuant to [NRS 40.253 8
and 40.254.] sections 2 and 6 of this act. 9
Sec. 15. NRS 118A.460 is hereby amended to read as follows: 10
118A.460 1. The landlord may dispose of personal property 11
abandoned on the premises by a former tenant or left on the 12
premises after eviction of the tenant without incurring civil or 13
criminal liability in the following manner: 14
(a) The landlord shall reasonably provide for the safe storage of 15
the property for 30 days after the abandonment or eviction or the 16
end of the rental period and may charge and collect the reasonable 17
and actual costs of inventory, moving and storage before releasing 18
the property to the tenant or his or her authorized representative 19
rightfully claiming the property within that period. The landlord is 20
liable to the tenant only for the landlord’s negligent or wrongful acts 21
in storing the property. 22
(b) After the expiration of the 30-day period, the landlord may 23
dispose of the property and recover his or her reasonable costs out 24
of the property or the value thereof if the landlord has made 25
reasonable efforts to locate the tenant, has notified the tenant in 26
writing of his or her intention to dispose of the property and 14 days 27
have elapsed since the notice was given to the tenant. The notice 28
must be mailed to the tenant at the tenant’s present address, and if 29
that address is unknown, then at the tenant’s last known address. 30
(c) Vehicles must be disposed of in the manner provided in 31
chapter 487 of NRS for abandoned vehicles. 32
2. Any dispute relating to the amount of the costs claimed by 33
the landlord pursuant to paragraph (a) of subsection 1 may be 34
resolved using the procedure provided in [subsection 7 of NRS 35
40.253.] section 4 of this act. 36
3. During the 5-day period following the eviction or lockout of 37
a tenant, the landlord shall provide the former tenant a reasonable 38
opportunity to retrieve essential personal effects, including, without 39
limitation, medication, baby formula, basic clothing and personal 40
care items. Any dispute relating to the reasonableness of the 41
landlord’s actions pursuant to this section may be resolved using the 42
procedure provided in [subsection 9 of NRS 40.253.] section 5 of 43
this act. 44
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Sec. 16. NRS 179.1164 is hereby amended to read as follows: 1
179.1164 1. Except as otherwise provided in subsection 2, 2
the following property is subject to seizure and forfeiture in a 3
proceeding for forfeiture: 4
(a) Any proceeds attributable to the commission or attempted 5
commission of any felony. 6
(b) Any property or proceeds otherwise subject to forfeiture 7
pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or 8
501.3857. 9
2. Property may not, to the extent of the interest of any 10
claimant, be declared forfeited by reason of an act or omission 11
shown to have been committed or omitted without the knowledge, 12
consent or willful blindness of the claimant. 13
3. Unless the owner of real property or a mobile home: 14
(a) Has given the tenant notice to surrender the premises 15
pursuant to [NRS 40.254] section 6 of this act within 90 days after 16
the owner receives notice of a conviction pursuant to subsection 2 of 17
NRS 453.305; or 18
(b) Shows the court that the owner had good cause not to evict 19
the tenant summarily pursuant to [NRS 40.254,] section 6 of this 20
act, 21
the owner of real property or a mobile home used or intended for 22
use by a tenant to facilitate any violation of the provisions of NRS 23
453.011 to 453.552, inclusive, except NRS 453.336, is disputably 24
presumed to have known of and consented to that use if the notices 25
required by NRS 453.305 have been given in connection with 26
another such violation relating to the property or mobile home. The 27
holder of a lien or encumbrance on the property or mobile home is 28
disputably presumed to have acquired an interest in the property for 29
fair value and without knowledge or consent to such use, regardless 30
of when the act giving rise to the forfeiture occurred. 31
Sec. 17. NRS 453.305 is hereby amended to read as follows: 32
453.305 1. Whenever a person is arrested for violating any of 33
the provisions of NRS 453.011 to 453.552, inclusive, except NRS 34
453.336, and real property or a mobile home occupied by the person 35
as a tenant has been used to facilitate the violation, the prosecuting 36
attorney responsible for the case shall cause to be delivered to the 37
owner of the property or mobile home a written notice of the arrest. 38
2. Whenever a person is convicted of violating any of the 39
provisions of NRS 453.011 to 453.552, inclusive, except NRS 40
453.336, and real property or a mobile home occupied by the person 41
as a tenant has been used to facilitate the violation, the prosecuting 42
attorney responsible for the case shall cause to be delivered to the 43
owner of the property or mobile home a written notice of the 44
conviction. 45
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3. The notices required by this section must: 1
(a) Be written in language which is easily understood; 2
(b) Be sent by certified or registered mail, return receipt 3
requested, to the owner at the owner’s last known address; 4
(c) Be sent within 15 days after the arrest occurs or judgment of 5
conviction is entered against the tenant, as the case may be; 6
(d) Identify the tenant involved and the offense for which the 7
tenant has been arrested or convicted; and 8
(e) Advise the owner that: 9
(1) The property or mobile home is subject to forfeiture 10
pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301 11
unless the tenant, if convicted, is evicted; 12
(2) Any similar violation by the same tenant in the future 13
may also result in the forfeiture of the property unless the tenant has 14
been evicted; 15
(3) In any proceeding for forfeiture based upon such a 16
violation the owner will, by reason of the notice, be deemed to have 17
known of and consented to the unlawful use of the property or 18
mobile home; and 19
(4) The provisions of NRS 40.2514 and [40.254] section 6 of 20
this act authorize the supplemental remedy of summary eviction to 21
facilitate the owner’s recovery of the property or mobile home upon 22
such a violation and provide for the recovery of any reasonable 23
attorney’s fees the owner incurs in doing so. 24
4. Nothing in this section shall be deemed to preclude the 25
commencement of a proceeding for forfeiture or the forfeiture of the 26
property or mobile home, whether or not the notices required by this 27
section are given as required, if the proceeding and forfeiture are 28
otherwise authorized pursuant to NRS 179.1156 to 179.1205, 29
inclusive, and 453.301. 30
5. As used in this section, “tenant” means any person entitled 31
under a written or oral rental agreement to occupy real property or a 32
mobile home to the exclusion of others. 33
Sec. 18. NRS 645H.520 is hereby amended to read as follows: 34
645H.520 1. Subject to the provisions of NRS 645H.770, the 35
services an asset management company may provide include, 36
without limitation: 37
(a) Securing real property in foreclosure once it has been 38
determined to be abandoned and all notice provisions required by 39
law have been complied with; 40
(b) Providing maintenance for real property in foreclosure, 41
including landscape and pool maintenance; 42
(c) Cleaning the interior or exterior of real property in 43
foreclosure; 44
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(d) Providing repair or improvements for real property in 1
foreclosure; and 2
(e) Removing trash and debris from real property in foreclosure 3
and the surrounding property. 4
2. An asset management company may dispose of personal 5
property abandoned on the premises of a residence in foreclosure or 6
left on the premises after the eviction of a homeowner or a tenant of 7
a homeowner without incurring civil or criminal liability in the 8
following manner: 9
(a) The asset management company shall reasonably provide for 10
the safe storage of the property for 30 days after the abandonment or 11
eviction and may charge and collect the reasonable and actual costs 12
of inventory, moving and storage before releasing the property to 13
the homeowner or the tenant of the homeowner or his or her 14
authorized representative rightfully claiming the property within that 15
period. The asset management company is liable to the homeowner 16
or the tenant of the homeowner only for the asset management 17
company’s negligent or wrongful acts in storing the property. 18
(b) After the expiration of the 30-day period, the asset 19
management company may dispose of the property and recover his 20
or her reasonable costs from the property or the value thereof if the 21
asset management company has made reasonable efforts to locate 22
the homeowner or the tenant of the homeowner, has notified the 23
homeowner or the tenant of the homeowner in writing of his or her 24
intention to dispose of the property and 14 days have elapsed since 25
the notice was given to the homeowner or the tenant of the 26
homeowner. The notice must be mailed to the homeowner or the 27
tenant of the homeowner at the present address of the homeowner or 28
the tenant of the homeowner and, if that address is unknown, then at 29
the last known address of the homeowner or the tenant of the 30
homeowner. 31
(c) Vehicles must be disposed of in the manner provided in 32
chapter 487 of NRS for abandoned vehicles. 33
3. Any dispute relating to the amount of the costs claimed by 34
the asset management company pursuant to paragraph (a) of 35
subsection 2 may be resolved using the procedure provided in 36
[subsection 7 of NRS 40.253.] section 4 of this act. 37
Sec. 19. The amendatory provisions of sections 2 to 18, 38
inclusive, of this act apply to an action for summary eviction which 39
accrues on or after October 1, 2025. 40
Sec. 20. NRS 40.253 and 40.254 are hereby repealed. 41
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TEXT OF REPEALED SECTIONS
40.253 Unlawful detainer: Supplemental remedy of
summary eviction and exclusion of tenant for default in
payment of rent.
1. Except as otherwise provided in subsection 12, in addition to
the remedy provided in NRS 40.2512 and 40.290 to 40.420,
inclusive, when the tenant of any dwelling, apartment, mobile home
or recreational vehicle with periodic rent reserved by the month or
any shorter period is in default in payment of the rent, the landlord
or the landlord’s agent may cause to be served a notice in writing,
requiring in the alternative the payment of the rent or the surrender
of the premises:
(a) Before the close of business on the seventh judicial day
following the day of service; or
(b) If the landlord chooses not to proceed in the manner set forth
in paragraph (a) and the rent is reserved by a period of 1 week or
less and the tenancy has not continued for more than 45 days, at or
before noon of the fourth full day following the day of service.
As used in this subsection, “day of service” means the day the
landlord or the landlord’s agent personally delivers the notice to the
tenant. If personal service was not so delivered, the “day of service”
means the day the notice is delivered, after posting and mailing
pursuant to subsection 2, to the sheriff or constable for service if the
request for service is made before noon. If the request for service by
the sheriff or constable is made after noon, the “day of service” shall
be deemed to be the day next following the day that the request is
made for service by the sheriff or constable.
2. A landlord or the landlord’s agent who serves a notice to a
tenant pursuant to paragraph (b) of subsection 1 shall attempt to
deliver the notice in person in the manner set forth in subsection 2 of
NRS 40.2542. If the notice cannot be delivered in person, the
landlord or the landlord’s agent:
(a) Shall post a copy of the notice in a conspicuous place on the
premises and mail the notice by overnight mail; and
(b) After the notice has been posted and mailed, may deliver the
notice to the sheriff or constable for service in the manner set forth
in subsection 1 of NRS 40.280. The sheriff or constable shall not
accept the notice for service unless it is accompanied by written
evidence, signed by the tenant when the tenant took possession of
the premises, that the landlord or the landlord’s agent informed the
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tenant of the provisions of this section which set forth the lawful
procedures for eviction from a short-term tenancy. Upon
acceptance, the sheriff or constable shall serve the notice within 48
hours after the request for service was made by the landlord or the
landlord’s agent.
3. A notice served pursuant to subsection 1 or 2 must:
(a) Identify the court that has jurisdiction over the matter; and
(b) Advise the tenant:
(1) Of the tenant’s right to contest the matter by filing, within
the time specified in subsection 1 for the payment of the rent or
surrender of the premises, an affidavit with the court that has
jurisdiction over the matter stating that the tenant has tendered
payment or is not in default in the payment of the rent;
(2) That if the court determines that the tenant is guilty of an
unlawful detainer, the court may issue a summary order for removal
of the tenant or an order providing for the nonadmittance of the
tenant, directing the sheriff or constable of the county to post the
order in a conspicuous place on the premises not later than 24 hours
after the order is received by the sheriff or constable. The sheriff or
constable shall remove the tenant not earlier than 24 hours but not
later than 36 hours after the posting of the order; and
(3) That, pursuant to NRS 118A.390, a tenant may seek relief
if a landlord unlawfully removes the tenant from the premises or
excludes the tenant by blocking or attempting to block the tenant’s
entry upon the premises or willfully interrupts or causes or permits
the interruption of an essential service required by the rental
agreement or chapter 118A of NRS.
4. If the tenant files such an affidavit at or before the time
stated in the notice, the landlord or the landlord’s agent, after receipt
of a file-stamped copy of the affidavit which was filed, shall not
provide for the nonadmittance of the tenant to the premises by
locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlord’s agent may apply by affidavit
of complaint for eviction to the justice court of the township in
which the dwelling, apartment, mobile home or recreational vehicle
are located or to the district court of the county in which the
dwelling, apartment, mobile home or recreational vehicle are
located, whichever has jurisdiction over the matter. The court may
thereupon issue an order directing the sheriff or constable of the
county to post the order in a conspicuous place on the premises not
later than 24 hours after the order is received by the sheriff or
constable. The sheriff or constable shall remove the tenant not
earlier than 24 hours but not later than 36 hours after the posting of
the order. The affidavit must state or contain:
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(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning, security or rent deposits
paid in advance, in excess of the first month’s rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession
without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the
tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(9) A copy of the signed written rental agreement, if any.
(b) Except when the tenant has timely filed the affidavit
described in subsection 3 and a file-stamped copy of it has been
received by the landlord or the landlord’s agent, and except when
the landlord is prohibited pursuant to NRS 118A.480, the landlord
or the landlord’s agent may, in a peaceable manner, provide for the
nonadmittance of the tenant to the premises by locking or otherwise.
6. Upon the filing by the tenant of the affidavit permitted in
subsection 3, regardless of the information contained in the
affidavit, and the filing by the landlord of the affidavit permitted by
subsection 5, the justice court or the district court shall hold a
hearing, after service of notice of the hearing upon the parties, to
determine the truthfulness and sufficiency of any affidavit or notice
provided for in this section. If the court determines that there is no
legal defense as to the alleged unlawful detainer and the tenant is
guilty of an unlawful detainer, the court may issue a summary order
for removal of the tenant or an order providing for the
nonadmittance of the tenant. If the court determines that there is a
legal defense as to the alleged unlawful detainer, the court shall
refuse to grant either party any relief, and, except as otherwise
provided in this subsection, shall require that any further
proceedings be conducted pursuant to NRS 40.290 to 40.420,
inclusive. The issuance of a summary order for removal of the
tenant does not preclude an action by the tenant for any damages or
other relief to which the tenant may be entitled. If the alleged
unlawful detainer was based upon subsection 5 of NRS 40.2514, the
refusal by the court to grant relief does not preclude the landlord
thereafter from pursuing an action for unlawful detainer in
accordance with NRS 40.251.
7. The tenant may, upon payment of the appropriate fees
relating to the filing and service of a motion, file a motion with the
court, on a form provided by the clerk of the court, to dispute the
amount of the costs, if any, claimed by the landlord pursuant to NRS
118A.460 for the inventory, moving and storage of personal
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property left on the premises. The motion must be filed within 20
days after the summary order for removal of the tenant or the
abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises;
and
(b) A copy of those charges has been requested by or provided
to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the
court shall schedule a hearing on the motion. The hearing must be
held within 10 days after the filing of the motion. The court shall
affix the date of the hearing to the motion and order a copy served
upon the landlord by the sheriff, constable or other process server.
At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant
to NRS 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenant’s property upon the payment
of the charges determined to be due or if no charges are determined
to be due.
9. The tenant may, upon payment of the appropriate fees
relating to the filing and service of a motion, file a motion with the
court on a form provided by the clerk of court to dispute the
reasonableness of the actions of a landlord pursuant to subsection 3
of NRS 118A.460. The motion must be filed within 5 days after the
tenant has vacated or been removed from the premises. Upon the
filing of a motion pursuant to this subsection, the court shall
schedule a hearing on the motion. The hearing must be held within 5
days after the filing of the motion. The court shall affix the date of
the hearing to the motion and order a copy served upon the landlord
by the sheriff, constable or other process server. At the hearing, the
court may:
(a) Order the landlord to allow the retrieval of the tenant’s
essential personal effects at the date and time and for a period
necessary for the retrieval, as determined by the court; and
(b) Award damages in an amount not greater than $2,500.
10. In determining the amount of damages, if any, to be
awarded under paragraph (b) of subsection 9, the court shall
consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant;
and
(c) The degree of harm to the tenant caused by the landlord’s
conduct.
11. A landlord shall not refuse to accept rent from a tenant that
is submitted after the landlord or the landlord’s agent has served or
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had served a notice pursuant to subsection 1 if the refusal is based
on the fact that the tenant has not paid collection fees, attorney’s
fees or other costs other than rent, a reasonable charge for late
payments of rent or dishonored checks, or a security deposit. As
used in this subsection, “security deposit” has the meaning ascribed
to it in NRS 118A.240.
12. Except as otherwise provided in NRS 118A.315, this
section does not apply to:
(a) The tenant of a mobile home lot in a mobile home park or to
the tenant of a recreational vehicle lot in an area of a mobile home
park in this State other than an area designated as a recreational
vehicle lot pursuant to the provisions of subsection 8 of
NRS 40.215.
(b) A tenant who provides proof to the landlord that he or she is
a federal worker, tribal worker, state worker or household member
of such a worker during a shutdown.
13. As used in this section, “close of business” means the close
of business of the court that has jurisdiction over the matter.
40.254 Unlawful detainer: Supplemental remedy of
summary eviction and exclusion of tenant from certain types of
property.
1. Except as otherwise provided by specific statute, in addition
to the remedy provided in NRS 40.290 to 40.420, inclusive, when
the tenant of a dwelling unit, part of a low-rent housing program
operated by a public housing authority, a mobile home or a
recreational vehicle is guilty of an unlawful detainer pursuant to
NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or the
landlord’s agent may utilize the summary procedures for eviction as
provided in NRS 40.253 except that written notice to surrender the
premises must:
(a) Be given to the tenant in accordance with the provisions of
NRS 40.280;
(b) Advise the tenant of the court that has jurisdiction over the
matter; and
(c) Advise the tenant of the tenant’s right to:
(1) Contest the notice by filing before the court’s close of
business on the fifth judicial day after the day of service of the
notice an affidavit with the court that has jurisdiction over the matter
stating the reasons why the tenant is not guilty of an unlawful
detainer; or
(2) Request that the court stay the execution of the order for
removal of the tenant or order providing for nonadmittance of the
tenant for a period not exceeding 10 days pursuant to subsection 2
of NRS 70.010, stating the reasons why such a stay is warranted.
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2. The affidavit of the landlord or the landlord’s agent
submitted to the justice court or the district court must state or
contain:
(a) The date when the tenancy commenced, the term of the
tenancy and, if any, a copy of the rental agreement. If the rental
agreement has been lost or destroyed, the landlord or the landlord’s
agent may attach an affidavit or declaration, signed under penalty of
perjury, stating such loss or destruction.
(b) The date when the tenancy or rental agreement allegedly
terminated.
(c) The date when written notice to surrender was given to the
tenant pursuant to the provisions of NRS 40.251, 40.2514 or
40.2516, together with any facts supporting the notice.
(d) The date when the written notice was given, a copy of the
notice and a statement that notice was served in accordance with
NRS 40.280 and, if applicable, a copy of the notice of change of
ownership served on the tenant pursuant to NRS 40.255 if the
property has been purchased as a residential foreclosure.
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result
of the tenant’s violation of any of the provisions of NRS 453.011 to
453.552, inclusive, except NRS 453.336, the landlord is entitled to
be awarded any reasonable attorney’s fees incurred by the landlord
or the landlord’s agent as a result of a hearing, if any, held pursuant
to subsection 6 of NRS 40.253 wherein the tenant contested the
eviction.
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