(Reprinted with amendments adopted on May 25, 2023)
THIRD REPRINT A.B. 340
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ASSEMBLY BILL NO. 340–ASSEMBLYMEN SUMMERS-ARMSTRONG;
BROWN-MAY, DURAN, GORELOW, NEWBY, ORENTLICHER,
PETERS, THOMAS, TORRES AND WATTS
MARCH 20, 2023
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions governing certain actions and
proceedings relating to real property. (BDR 3-77)
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 22 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
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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 2-6.5 of this bill reenact, reorganize and revise these 27
procedures. Section 2 of this bill establishes a new procedure for the summary 28
eviction of certain tenants who are not tenants of a commercial premises and who 29
default in the payment of rent. Section 6.5 of this bill establishes a new procedure 30
for the summary eviction of certain tenants who are guilty of unlawful detainer for 31
reasons other than a default in the payment of rent. 32
The new procedures for summary eviction set forth in sections 2 and 6.5 are 33
similar to the procedures repealed by section 22 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 of time before the removal of a tenant. 36
Instead of requiring a tenant who contests a summary eviction to file an affidavit in 37
court before the landlord files a complaint, sections 2 and 6.5 require the landlord, 38
upon the expiration of certain notice provided to the tenant, to: (1) apply by 39
affidavit of complaint for the summary eviction of the tenant; and (2) serve the 40
tenant with a file-stamped copy of the affidavit of complaint and a copy of the 41
summons. Sections 2 and 6.5 additionally require the landlord to file with the court 42
proof of service of the affidavit, summons and notice within a prescribed period. 43
Sections 2 and 6.5 require the tenant to file an answer to the affidavit of compliant 44
within 7 calendar days after the date of service. If a tenant files an answer within 45
the prescribed period, a hearing is held. If no such answer is filed, sections 2 and 46
6.5 authorize the court, without holding a hearing, to order the removal of the 47
tenant within a prescribed period under certain circumstances. Sections 9-20 of this 48
bill make conforming changes relating to the repeal, revision and reorganization of 49
the 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 11 of this bill removes 53
requirements relating to the COVID-19 emergency. Section 11 also requires a court 54
to automatically seal the eviction case court file for an action for summary eviction 55
brought pursuant to section 2 or 6.5 under certain circumstances. 56
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 8, 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 calendar day following the 1
date 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 provided 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 the 36
documents required to be included in the affidavit of complaint 37
pursuant to subparagraphs (8) and (9) of paragraph (b) of 38
subsection 4, and a copy of the summons which must advise the 39
tenant that: 40
(1) Except as otherwise provided in subsection 12, the 41
tenant must file a written answer to the affidavit of complaint for 42
summary eviction with the court that has jurisdiction over the 43
matter not later than 7 calendar days after service of the affidavit 44
of complaint for summary eviction; 45
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(2) If the tenant does not file an answer within the period 1
described in subparagraph (1), the court may issue a summary 2
order for the removal of the tenant or providing for the 3
nonadmittance of the tenant; 4
(3) Pursuant to NRS 118A.390, the tenant may seek relief if 5
a landlord unlawfully removes the tenant from the premises or 6
excludes the tenant by blocking or attempting to block the tenant’s 7
entry upon the premises or willfully interrupts or causes or permits 8
the interruption of an essential item or service required by the 9
rental agreement or chapter 118A of NRS; and 10
(4) The tenant may request that the court stay the execution 11
of the summary order for the removal of the tenant or providing 12
for the nonadmittance of the tenant for a period not exceeding 10 13
days pursuant to subsection 2 of NRS 70.010, stating the reasons 14
why such a stay is warranted. 15
(b) Thirty calendar days after the date on which the affidavit 16
of complaint for summary eviction is filed, file with the court proof 17
of service of the affidavit and summons required by paragraph (a). 18
6. Except as otherwise provided in subsection 12, upon being 19
served pursuant to subsection 5, the tenant shall, within 7 20
calendar days after the day of service, file a written answer with 21
the court that has jurisdiction over the matter. If no written 22
answer is filed within the time period prescribed by this subsection 23
and the landlord otherwise complies with the requirements 24
prescribed by this section, the court may, without holding a 25
hearing but after determining that a landlord has complied with 26
the requirements prescribed by this section and the tenant is guilty 27
of an unlawful detainer, issue a summary order which: 28
(a) Provides for the removal of the tenant or for the 29
nonadmittance of the tenant; and 30
(b) Directs the sheriff or constable of the county to perform the 31
actions required by section 4 of this act. 32
7. If a tenant files a written answer pursuant to subsection 6, 33
the court shall hold a hearing to determine the truthfulness and 34
sufficiency of the affidavit of complaint for summary eviction. 35
8. If, after a hearing held pursuant to subsection 7, the court 36
determines that: 37
(a) There is no legal defense as to the alleged unlawful 38
detainer and the tenant is guilty of an unlawful detainer, the court 39
may issue a summary order for the removal of the tenant or 40
providing for the nonadmittance of the tenant. 41
(b) There is a legal defense as to the alleged unlawful detainer, 42
the court shall take no further action and any further proceedings 43
must be conducted pursuant to NRS 40.290 to 40.420, inclusive. 44
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9. The court shall dismiss an action for summary eviction if 1
the landlord does not comply with the requirements prescribed by 2
paragraph (b) of subsection 5. 3
10. Written notices to the tenant prescribed by this section, 4
including, without limitation, the affidavit of complaint and 5
summons, must be served in the manner provided by NRS 40.280. 6
11. Proof of service of any notice required by this section 7
must be filed with the court before a summary order for the 8
removal of the tenant or providing for the nonadmittance of the 9
tenant is issued pursuant to subsection 6 or 8, as applicable. 10
12. For the purposes of this section, if the date on which: 11
(a) An affidavit of complaint for summary eviction or a written 12
answer to such an affidavit must be filed falls on a nonjudicial 13
day, the filing is timely if performed on the next judicial day. 14
(b) A tenant must pay any past due rent or surrender the 15
premises falls on a Saturday, Sunday or legal holiday, the tenant 16
must pay the past due rent or surrender the premises before the 17
close of business on the next day the business office of the 18
landlord is open. 19
13. A landlord shall not refuse to accept rent from a tenant 20
that is submitted after the landlord or the landlord’s agent has 21
served a notice pursuant to subsection 2 if the refusal is based on 22
the fact that the tenant has not paid collection fees, attorney’s fees 23
or other costs other than rent, a reasonable charge for late 24
payments of rent or dishonored checks, or a security deposit. 25
14. Except as otherwise provided in NRS 118A.315, this 26
section does not apply to: 27
(a) A tenant of a commercial premises; 28
(b) A tenant of a mobile home lot in a mobile home park or a 29
tenant of a recreational vehicle lot in an area of a mobile home 30
park in this State, other than an area designated as a recreational 31
vehicle lot pursuant to the provisions of subsection 8 of NRS 32
40.215; or 33
(c) A tenant who provides proof to the landlord that he or she 34
is a federal worker, tribal worker, state worker or household 35
member of such a worker during a shutdown. 36
15. As used in this section, “security deposit” has the 37
meaning ascribed to it in NRS 118A.240. 38
Sec. 3. (Deleted by amendment.) 39
Sec. 4. Upon receipt of a summary order for the removal of 40
the tenant or providing for the nonadmittance of the tenant issued 41
pursuant to subsection 6 of section 2 of this act, the sheriff or 42
constable shall: 43
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1. Post the order in a conspicuous place on the premises not 1
later than 24 hours after the order is received by the sheriff or 2
constable. 3
2. As soon as reasonably practicable, but not earlier than 24 4
hours after the posting of the order, remove the tenant. 5
Sec. 5. 1. A tenant against whom a court issues a summary 6
order for removal pursuant to section 2 of this act may, upon 7
payment of the appropriate fees relating to the filing and service of 8
a motion, file a motion to dispute the amount of the costs, if any, 9
claimed by the landlord pursuant to NRS 118A.460. 10
2. A motion filed pursuant to subsection 1 must be made on a 11
form prescribed by the clerk of the court and filed within 20 days 12
after the later of: 13
(a) The date on which the summary order for removal or 14
providing for nonadmittance was issued. 15
(b) The date on which the tenant vacated or was removed from 16
the premises. 17
(c) The date on which a copy of the costs claimed by the 18
landlord was requested by or provided to the tenant. 19
3. Upon the filing of a motion pursuant to subsection 1, the 20
court shall schedule a hearing on the motion. The hearing must be 21
held within 10 days after the filing of the motion. The court shall 22
affix the date of the hearing to the motion and order a copy served 23
upon the landlord by the sheriff, constable or other process server 24
licensed pursuant to chapter 648 of NRS. At the hearing, the court 25
may: 26
(a) Determine the costs, if any, claimed by the landlord 27
pursuant to NRS 118A.460 and any accumulating daily costs; and 28
(b) Order the release of the tenant’s property upon the 29
payment of the charges determined to be due or if no charges are 30
determined to be due. 31
Sec. 6. 1. A tenant against whom a court issues a summary 32
order for removal pursuant to section 2 of this act may, upon 33
payment of the appropriate fees relating to the filing and service of 34
a motion, file a motion to dispute the reasonableness of any action 35
taken by the landlord pursuant to subsection 3 of NRS 118A.460. 36
2. A motion filed pursuant to subsection 1 must be made on a 37
form prescribed by the clerk of the court and filed within 5 days 38
after the date on which the tenant vacated or was removed from 39
the premises. 40
3. Upon the filing of a motion pursuant to subsection 1, the 41
court shall schedule a hearing on the motion. The hearing must be 42
held within 5 days after the filing of the motion. The court shall 43
affix the date of the hearing to the motion and order a copy served 44
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upon the landlord by the sheriff, constable or other process server. 1
At the hearing, the court may: 2
(a) Order the landlord to allow the tenant to retrieve his or her 3
essential personal effects at the date and time and for a period 4
necessary for the retrieval, as determined by the court; and 5
(b) Award damages in an amount not greater than $2,500. 6
4. In determining the amount of damages, if any, to be 7
awarded under paragraph (b) of subsection 3, the court shall 8
consider: 9
(a) Whether the landlord acted in good faith; 10
(b) The course of conduct between the landlord and the 11
tenant; and 12
(c) The degree of harm to the tenant caused by the landlord’s 13
conduct. 14
Sec. 6.5. 1. Except as otherwise provided in subsection 15, 15
in addition to the remedies provided in NRS 40.290 to 40.420, 16
inclusive, a landlord may pursue the summary eviction of a tenant 17
for an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 18
or 40.2516 using the procedure for summary eviction provided in 19
this section. 20
2. Before a landlord or landlord’s agent may file an affidavit 21
of complaint for the summary eviction of a tenant for an unlawful 22
detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the 23
landlord or the landlord’s agent must serve upon the tenant: 24
(a) The written notice to surrender required by NRS 40.251, 25
40.2514 or 40.2516, as applicable; and 26
(b) A written notice which informs the tenant that if the tenant 27
fails to comply with the requirements of written notice to 28
surrender, the landlord may apply by affidavit of complaint for the 29
summary eviction of the tenant. 30
3. Upon noncompliance of a tenant with the written notice 31
required by paragraph (a) of subsection 2, the landlord or the 32
landlord’s agent may apply by affidavit of complaint for summary 33
eviction to the justice court of the township in which the dwelling, 34
apartment, mobile home or recreational vehicle is located. After 35
the filing of an affidavit of complaint for summary eviction, a 36
summons must be issued. 37
4. An affidavit of complaint for summary eviction filed 38
pursuant to subsection 3 must: 39
(a) Except as otherwise provided in subsection 12, be filed with 40
the court not later than 30 calendar days after the expiration of 41
the period described in the written notice to surrender required by 42
paragraph (a) of subsection 2; and 43
(b) State or contain: 44
(1) The date the tenancy commenced; 45
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(2) The date when the tenancy or rental agreement 1
allegedly terminated; 2
(3) A copy of the written notice served on the tenant 3
pursuant to subsection 2; 4
(4) Any facts supporting the written notice; 5
(5) A copy of the signed written rental agreement, if any; 6
(6) A statement that the written notice was served on the 7
tenant in accordance with NRS 40.280; and 8
(7) A copy of the notice of change of ownership served on 9
the tenant pursuant to NRS 40.255, if the property has been 10
purchased in a residential foreclosure. 11
5. A landlord or landlord’s agent who applies for summary 12
eviction pursuant to subsection 3 shall, within: 13
(a) Fifteen calendar days after the date on which the affidavit 14
of complaint for summary eviction is filed, serve upon the tenant a 15
file-stamped copy of the affidavit of complaint, with or without the 16
documents required to be included in the affidavit of complaint 17
pursuant to subparagraphs (3) and (5) of paragraph (b) of 18
subsection 4, and a copy of the summons which must advise the 19
tenant that: 20
(1) Except as otherwise provided in subsection 12, the 21
tenant must file a written answer to the affidavit of complaint for 22
summary eviction with the court that has jurisdiction over the 23
matter not later than 7 calendar days after service of the affidavit 24
of complaint for summary eviction; 25
(2) If the tenant does not file an answer within the period 26
described in subparagraph (1), the court may issue a summary 27
order for the removal of the tenant or providing for the 28
nonadmittance of the tenant; 29
(3) Pursuant to NRS 118A.390, the tenant may seek relief if 30
a landlord unlawfully removes the tenant from the premises or 31
excludes the tenant by blocking or attempting to block the tenant’s 32
entry upon the premises or willfully interrupts or causes or permits 33
the interruption of an essential item or service required by the 34
rental agreement or chapter 118A of NRS; and 35
(4) The tenant may request that the court stay the execution 36
of the summary order for the removal of the tenant or providing 37
for the nonadmittance of the tenant for a period not exceeding 10 38
days pursuant to subsection 2 of NRS 70.010, stating the reasons 39
why such a stay is warranted. 40
(b) Thirty calendar days after the date on which the affidavit 41
of complaint for summary eviction is filed, file with the court proof 42
of service of the affidavit and summons required by paragraph (a). 43
6. Except as otherwise provided in subsection 12, upon being 44
served pursuant to subsection 5, the tenant shall, within 7 45
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calendar days after the day of service, file a written answer with 1
the court that has jurisdiction over the matter. If no written 2
answer is filed within the time period prescribed by this subsection 3
and the landlord otherwise complies with the requirements 4
prescribed by this section, the court may, without holding a 5
hearing but after determining that a landlord has complied with 6
the requirements prescribed by this section and the tenant is guilty 7
of an unlawful detainer, issue a summary order which: 8
(a) Provides for the removal of the tenant or for the 9
nonadmittance of the tenant; and 10
(b) Directs the sheriff or constable of the county to perform the 11
actions required by section 4 of this act. 12
7. If a tenant files a written answer pursuant to subsection 6, 13
the court shall hold a hearing to determine the truthfulness and 14
sufficiency of the affidavit of complaint for summary eviction. 15
8. If, after a hearing held pursuant to subsection 7, the court 16
determines that: 17
(a) There is no legal defense as to the alleged unlawful 18
detainer and the tenant is guilty of an unlawful detainer, the court 19
may issue a summary order for the removal of the tenant or 20
providing for the nonadmittance of the tenant. 21
(b) There is a legal defense as to the alleged unlawful detainer, 22
the court shall take no further action and any further proceedings 23
be conducted pursuant to NRS 40.290 to 40.420, inclusive. 24
9. The court shall dismiss an action for summary eviction if 25
the landlord does not comply with the requirements prescribed by 26
paragraph (b) of subsection 5. 27
10. Written notices to the tenant prescribed by this section, 28
including, without limitation, the affidavit of complaint and 29
summons, must be served in the manner provided by NRS 40.280. 30
11. Proof of service of any notice required by this section 31
must be filed with the court before a summary order for the 32
removal of the tenant or providing for the nonadmittance of the 33
tenant is issued pursuant to subsection 6 or 8, as applicable. 34
12. For the purposes of this section, if the date on which an 35
affidavit of complaint for summary eviction or a written answer to 36
such an affidavit must be filed falls on a nonjudicial day, the filing 37
is timely if performed on the next judicial day. 38
13. A landlord shall not refuse to accept rent from a tenant 39
that is submitted after the landlord or the landlord’s agent has 40
served a notice pursuant to subsection 2 if the refusal is based on 41
the fact that the tenant has not paid collection fees, attorney’s fees 42
or other costs other than rent, a reasonable charge for late 43
payments of rent or dishonored checks, or a security deposit. 44
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14. If the tenant is found guilty of unlawful detainer as a 1
result of the tenant’s violation of any of the provisions of NRS 2
453.011 to 453.552, inclusive, except NRS 453.336, the landlord is 3
entitled to be awarded any reasonable attorney’s fees incurred by 4
the landlord or the landlord’s agent as a result of a hearing, if 5
any, held pursuant to subsection 7 wherein the tenant contested 6
the eviction. 7
15. Except as otherwise provided in NRS 118A.315, this 8
section does not apply to: 9
(a) A tenant of a commercial premises; 10
(b) A tenant of a mobile home lot in a mobile home park or a 11
tenant of a recreational vehicle lot in an area of a mobile home 12
park in this State, other than an area designated as a recreational 13
vehicle lot pursuant to the provisions of subsection 8 of NRS 14
40.215; or 15
(c) A tenant who provides proof to the landlord that he or she 16
is a federal worker, tribal worker, state worker or household 17
member of such a worker during a shutdown. 18
16. As used in this section, “security deposit” has the 19
meaning ascribed to it in NRS 118A.240. 20
Sec. 7. (Deleted by amendment.) 21
Sec. 8. (Deleted by amendment.) 22
Sec. 9. NRS 40.2516 is hereby amended to read as follows: 23
40.2516 1. A tenant of real property, a dwelling unit, a 24
recreational vehicle or a mobile home other than a mobile home lot 25
or a recreational vehicle lot for a term less than life is guilty of an 26
unlawful detainer when the tenant continues in possession, in person 27
or by subtenant, after a neglect or failure to perform any condition 28
or covenant of the lease or agreement under which the real property, 29
dwelling unit, recreational vehicle or mobile home is held, other 30
than those mentioned in NRS 40.250 to [40.254,] 40.252, inclusive, 31
and sections 2 to 6.5, inclusive, of this act, and after notice in 32
writing, requiring in the alternative the performance of the condition 33
or covenant or the surrender of the real property, dwelling unit, 34
recreational vehicle or mobile home, served upon the tenant, and, if 35
there is a subtenant in actual occupation of the premises or property, 36
also upon the subtenant, remains uncomplied with for 5 days after 37
the service thereof. Within 5 days after the service, the tenant, or 38
any subtenant in actual occupation of the premises or property, or 39
any mortgagee of the term, or other person, interested in its 40
continuance, may perform the condition or covenant and thereby 41
save the lease from forfeiture; but if the covenants and conditions of 42
the lease, violated by the lessee, cannot afterwards be performed, 43
then no notice need be given. 44
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2. If a tenant is guilty of an unlawful detainer pursuant to this 1
section, the landlord may seek to recover possession of the real 2
property, dwelling unit, recreational vehicle or mobile home 3
pursuant to the provisions of NRS [40.254 or] 40.290 to 40.420, 4
inclusive [.] , or section 6.5 of this act. 5
Sec. 10. NRS 40.252 is hereby amended to read as follows: 6
40.252 For the purposes of NRS 40.250 to 40.252, inclusive, 7
and [NRS 40.254:] sections 2 to 6.5, inclusive, of this act: 8
1. It is unlawful for a landlord to attempt by contract or other 9
agreement to shorten the specified periods of notice and any such 10
contract or agreement is void. 11
2. Notice to surrender the premises which was given by one 12
colessor of real property or a mobile home is valid unless it is 13
affirmatively shown that one or more of the other colessors did not 14
authorize the giving of the notice. 15
Sec. 11. NRS 40.2545 is hereby amended to read as follows: 16
40.2545 1. [If a court grants an action for summary eviction 17
pursuant to NRS 40.253 during the COVID-19 emergency, the court 18
shall automatically seal the eviction case court file. 19
2. In addition to the provisions for the automatic sealing of an 20
eviction case court file pursuant to subsection 1, in] In any action 21
for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542 22
[,] or section 2 or 6.5 of this act, the eviction case court file is 23
sealed automatically and not open to inspection: 24
(a) Upon the entry of a court order which dismisses the action 25
for summary eviction; 26
(b) Ten judicial days after the entry of a court order which 27
denies the action for summary eviction; or 28
(c) Thirty-one days after the tenant has filed an affidavit 29
described in [subsection 3 of NRS 40.253 or] subsection 3 of NRS 30
40.2542 . [, if the landlord has failed to file an affidavit of complaint 31
pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 32
40.2542 within 30 days after the tenant filed the affidavit. 33
3.] 2. In addition to the provisions for the automatic sealing 34
of an eviction case court file pursuant to [subsections] subsection 1 , 35
[and 2,] the court may order the sealing of an eviction case court file 36
for an action for summary eviction pursuant to NRS [40.253, 40.254 37
or] 40.2542 [:] or section 2 or 6.5 of this act: 38
(a) Upon the filing of a written stipulation by the landlord and 39
the tenant to set aside the order of eviction and seal the eviction case 40
court file; or 41
(b) Upon motion of the tenant and decision by the court if the 42
court finds that: 43
(1) The eviction should be set aside pursuant to Rule 60 of 44
the Justice Court Rules of Civil Procedure; or 45
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(2) Sealing the eviction case court file is in the interests of 1
justice and those interests are not outweighed by the public’s 2
interest in knowing about the contents of the eviction case court file, 3
after considering, without limitation, the following factors: 4
(I) Circumstances beyond the control of the tenant that 5
led to the eviction; 6
(II) Other extenuating circumstances under which the 7
order of eviction was granted; and 8
(III) The amount of time that has elapsed between the 9
granting of the order of eviction and the filing of the motion to seal 10
the eviction case court file. 11
[4.] 3. If the court orders the eviction case court file sealed 12
pursuant to this section, all proceedings recounted in the eviction 13
case court file shall be deemed never to have occurred. 14
[5.] 4. Except as otherwise provided in this subsection, a 15
notice to surrender must not be made available for public inspection 16
by any person or governmental entity, including, without limitation, 17
by a sheriff or constable. This subsection does not: 18
(a) Apply to a notice to surrender which has been filed with a 19
court and which is part of an eviction case court file that has not 20
been sealed pursuant to this section. 21
(b) Prohibit the service of a notice to surrender pursuant to NRS 22
40.280, and such service of a notice to surrender shall be deemed 23
not to constitute making the notice to surrender available for public 24
inspection as described in this subsection. 25
[6.] 5. As used in this section [: 26
(a) “COVID-19 emergency” means the period of time: 27
(1) Beginning on March 12, 2020, the date on which the 28
Governor issued the Declaration of Emergency for COVID-19; and 29
(2) Ending on the date on which the Governor terminates the 30
emergency described in the Declaration May 20, 2022. 31
(b) “Eviction] , “eviction case court file” means all records 32
relating to an action for summary eviction which are maintained by 33
the court, including, without limitation, the affidavit of complaint 34
and any other pleadings, proof of service, findings of the court, any 35
order made on motion as provided in Nevada Rules of Civil 36
Procedure, Justice Court Rules of Civil Procedure and local rules of 37
practice and all other papers, records, proceedings and evidence, 38
including exhibits and transcript of the testimony. 39
Sec. 12. NRS 40.255 is hereby amended to read as follows: 40
40.255 1. Except as otherwise provided in subsections 2, 4 41
and 9, in any of the following cases, a person who holds over and 42
continues in possession of real property or a mobile home after a 3-43
day written notice to surrender has been served upon the person may 44
be removed as prescribed in NRS 40.290 to 40.420, inclusive: 45
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- *AB340_R3*
(a) Where the property or mobile home has been sold under an 1
execution against the person, or against another person under whom 2
the person claims, and the title under the sale has been perfected; 3
(b) Where the property or mobile home has been sold upon the 4
foreclosure of a mortgage, or under an express power of sale 5
contained therein, executed by the person, or by another person 6
under whom the person claims, and the title under the sale has been 7
perfected; 8
(c) Where the property or mobile home has been sold under a 9
power of sale granted by NRS 107.080 to the trustee of a deed of 10
trust executed by the person, or by another person under whom the 11
person claims, and the title under such sale has been perfected; or 12
(d) Where the property or mobile home has been sold by the 13
person, or by another person under whom the person claims, and the 14
title under the sale has been perfected. 15
2. Except as otherwise provided in subsection 4, if the property 16
has been transferred or sold as a residential sale, absent an 17
agreement between the new owner and the tenant to modify or 18
terminate an existing lease: 19
(a) The new owner has the rights, obligations and liabilities of 20
the previous owner or landlord pursuant to chapter 118A of NRS 21
under the lease or rental agreement which the previous owner or 22
landlord entered into with the tenant or subtenant regarding the 23
property; 24
(b) The tenant or subtenant continues to have the rights, 25
obligations and liabilities that the tenant or subtenant had pursuant 26
to chapter 118A of NRS under the lease or rental agreement which 27
the tenant or subtenant entered into with the previous owner or 28
landlord regarding the property; and 29
(c) Upon termination of the previous owner’s interest in the 30
property by residential transfer or sale, the previous owner shall 31
transfer the security deposit in the manner set forth in paragraph (a) 32
of subsection 1 of NRS 118A.244. The successor has the rights, 33
obligations and liabilities of the former landlord as to any securities 34
which are owed under this section or NRS 118A.242 at the time of 35
transfer. 36
3. The new owner pursuant to subsection 2 must provide a 37
notice to the tenant or subtenant within 30 days after the date of the 38
transfer or sale: 39
(a) Providing the contact information of the new owner to whom 40
rent should be remitted; 41
(b) Notifying the tenant or subtenant that the lease or rental 42
agreement the tenant or subtenant entered into with the previous 43
owner or landlord of the property continues in effect through the 44
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- *AB340_R3*
period of the lease term and states the amount held by the new 1
owner for the security deposit; and 2
(c) Notifying the tenant or subtenant that failure to pay rent to 3
the new owner or comply with any other term of the agreement or 4
applicable law constitutes a breach of the lease or rental agreement 5
and may result in eviction proceedings, including, without 6
limitation, proceedings conducted pursuant to [NRS 40.253 and 7
40.254.] sections 2 and 6.5 of this act. 8
4. If the property has been sold as a residential foreclosure, a 9
tenant or subtenant in actual occupation of the premises, other than a 10
person whose name appears on the mortgage or deed, who holds 11
over and continues in possession of real property or a mobile home 12
in any of the cases described in paragraph (b) or (c) of subsection 1 13
may be removed as prescribed in NRS 40.290 to 40.420, inclusive, 14
after receiving a notice of the change of ownership of the real 15
property or mobile home and after the expiration of a notice period 16
beginning on the date the notice was received by the tenant or 17
subtenant and expiring: 18
(a) For all periodic tenancies with a period of less than 1 month, 19
after not less than the number of days in the period; and 20
(b) For all other periodic tenancies or tenancies at will, after not 21
less than 60 days. 22
5. During the notice period described in subsection 4: 23
(a) The new owner has the rights, obligations and liabilities of 24
the previous owner or landlord pursuant to chapter 118A of NRS 25
under the lease or rental agreement which the previous owner or 26
landlord entered into with the tenant or subtenant regarding the 27
property; and 28
(b) The tenant or subtenant continues to have the rights, 29
obligations and liabilities that the tenant or subtenant had pursuant 30
to chapter 118A of NRS under the lease or rental agreement which 31
the tenant or subtenant entered into with the previous owner or 32
landlord regarding the property. 33
6. The notice described in subsection 4 must contain a 34
statement: 35
(a) Providing the contact information of the new owner to whom 36
rent should be remitted; 37
(b) Notifying the tenant or subtenant that the lease or rental 38
agreement the tenant or subtenant entered into with the previous 39
owner or landlord of the property continues in effect through the 40
notice period described in subsection 4; and 41
(c) Notifying the tenant or subtenant that failure to pay rent to 42
the new owner or comply with any other term of the agreement or 43
applicable law constitutes a breach of the lease or rental agreement 44
and may result in eviction proceedings, including, without 45
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- *AB340_R3*
limitation, proceedings conducted pursuant to [NRS 40.253 and 1
40.254.] sections 2 and 6.5 of this act. 2
7. If the property has been sold as a residential foreclosure in 3
any of the cases described in paragraph (b) or (c) of subsection 1, no 4
person may enter a record of eviction for a tenant or subtenant who 5
vacates a property during the notice period described in 6
subsection 4. 7
8. If the property has been sold as a residential foreclosure in 8
any of the cases described in paragraphs (b) or (c) of subsection 1, 9
nothing in this section shall be deemed to prohibit: 10
(a) The tenant from vacating the property at any time before the 11
expiration of the notice period described in subsection 4 without any 12
obligation to the new owner of a property purchased pursuant to a 13
foreclosure sale or trustee’s sale; or 14
(b) The new owner of a property purchased pursuant to a 15
foreclosure sale or trustee’s sale from: 16
(1) Negotiating a new purchase, lease or rental agreement 17
with the tenant or subtenant; or 18
(2) Offering a payment to the tenant or subtenant in 19
exchange for vacating the premises on a date earlier than the 20
expiration of the notice period described in subsection 4. 21
9. This section does not apply to the tenant of a mobile home 22
lot in a mobile home park. 23
10. As used in this section, “residential foreclosure” means the 24
sale of a single family residence pursuant to NRS 40.430 or under a 25
power of sale granted by NRS 107.080. As used in this subsection, 26
“single family residence” means a structure that is comprised of not 27
more than four units. 28
Sec. 13. NRS 40.280 is hereby amended to read as follows: 29
40.280 1. Except as otherwise provided in NRS [40.253 and] 30
40.2542, the notices required by NRS 40.251 to 40.260, inclusive, 31
and sections 2 to 6.5, inclusive, of this act must be served by the 32
sheriff, a constable, a person who is licensed as a process server 33
pursuant to chapter 648 of NRS or the agent of an attorney licensed 34
to practice in this State: 35
(a) By delivering a copy to the tenant personally. 36
(b) If the tenant is absent from the tenant’s place of residence or 37
from the tenant’s usual place of business, by leaving a copy with a 38
person of suitable age and discretion at either place and mailing a 39
copy to the tenant at the tenant’s place of residence or place of 40
business. 41
(c) If the place of residence or business cannot be ascertained, or 42
a person of suitable age or discretion cannot be found there, by 43
posting a copy in a conspicuous place on the leased property, 44
delivering a copy to a person there residing, if the person can be 45
– 16 –
- *AB340_R3*
found, and mailing a copy to the tenant at the place where the leased 1
property is situated. 2
2. The notices required by NRS 40.230, 40.240 and 40.414 3
must be served upon an unlawful or unauthorized occupant: 4
(a) Except as otherwise provided in this paragraph and 5
paragraph (b), by delivering a copy to the unlawful or unauthorized 6
occupant personally, in the presence of a witness. If service is 7
accomplished by the sheriff, constable or a person who is licensed 8
as a process server pursuant to chapter 648 of NRS, the presence of 9
a witness is not required. 10
(b) If the unlawful or unauthorized occupant is absent from the 11
real property, by leaving a copy with a person of suitable age and 12
discretion at the property and mailing a copy to the unlawful or 13
unauthorized occupant at the place where the property is situated. If 14
the occupant is unknown, the notice must be addressed to “Current 15
Occupant.” 16
(c) If a person of suitable age or discretion cannot be found at 17
the real property, by posting a copy in a conspicuous place on the 18
property and mailing a copy to the unlawful or unauthorized 19
occupant at the place where the property is situated. If the occupant 20
is unknown, the notice must be addressed to “Current Occupant.” 21
3. Service upon a subtenant may be made in the same manner 22
as provided in subsection 1. 23
4. Proof of service of any notice required by NRS 40.230 to 24
40.260, inclusive, and sections 2 to 6.5, inclusive, of this act must 25
be filed with the court before: 26
(a) An order for removal of a tenant is issued pursuant to [NRS 27
40.253 or 40.254;] section 2 or 6.5 of this act; 28
(b) An order for removal of an unlawful or unauthorized 29
occupant is issued pursuant to NRS 40.414; 30
(c) A writ of restitution is issued pursuant to NRS 40.290 to 31
40.420, inclusive; or 32
(d) An order for removal of a commercial tenant pursuant to 33
NRS 40.2542. 34
5. Proof of service of notice pursuant to NRS 40.230 to 40.260, 35
inclusive, and sections 2 to 6.5, inclusive, of this act that must be 36
filed before the court may issue an order or writ filed pursuant to 37
paragraph (a), (b) or (c) of subsection 4 must consist of: 38
(a) [Except as otherwise provided in paragraph (b): 39
(1)] If the notice was served pursuant to subsection 1, a 40
written statement, endorsed by the person who served the notice, 41
stating the date and manner of service. The statement must also 42
include the number of the badge or license of the person who served 43
the notice. If the notice was served by the agent of an attorney 44
licensed in this State, the statement must be accompanied by a 45
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- *AB340_R3*
declaration, signed by the attorney and bearing the license number 1
of the attorney, stating that the attorney: 2
[(I)] (1) Was retained by the landlord in an action 3
pursuant to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 4
6.5, inclusive, of this act; 5
[(II)] (2) Reviewed the date and manner of service by the 6
agent; and 7
[(III)] (3) Believes to the best of his or her knowledge that 8
such service complies with the requirements of this section. 9
[(2)] (b) If the notice was served pursuant to paragraph (a) of 10
subsection 2, an affidavit or declaration signed by the tenant or the 11
unlawful or unauthorized occupant, as applicable, and a witness, 12
signed under penalty of perjury by the server, acknowledging that 13
the tenant or occupant received the notice on a specified date. 14
[(3)] (c) If the notice was served pursuant to paragraph (b) or 15
(c) of subsection 2, an affidavit or declaration signed under penalty 16
of perjury by the person who served the notice, stating the date and 17
manner of service and accompanied by a confirmation of delivery or 18
certificate of mailing issued by the United States Postal Service or 19
confirmation of actual delivery by a private postal service. 20
[(b) For a short-term tenancy, if service of the notice was not 21
delivered in person: 22
(1) A certificate of mailing issued by the United States Postal 23
Service or by a private postal service to the landlord or the 24
landlord’s agent; or 25
(2) The endorsement of a sheriff or constable stating the: 26
(I) Time and date the request for service was made by the 27
landlord or the landlord’s agent; 28
(II) Time, date and manner of the service; and 29
(III) Fees paid for the service.] 30
6. Proof of service of notice pursuant to NRS 40.230 to 40.260, 31
inclusive, and sections 2 to 6.5, inclusive, of this act that must be 32
filed before the court may issue an order filed pursuant to paragraph 33
(d) of subsection 4 must consist of: 34
(a) Except as otherwise provided in paragraphs (b) and (c): 35
(1) If the notice was served pursuant to subsection 2 of NRS 36
40.2542, an affidavit or declaration signed by the tenant or the 37
unlawful or unauthorized occupant, and a witness, as applicable, 38
signed under penalty of perjury by the server, acknowledging that 39
the tenant or occupant received the notice on a specified date. 40
(2) If the notice was served pursuant to paragraph (b) or (c) 41
of subsection 1, an affidavit or declaration signed under penalty of 42
perjury by the person who served the notice, stating the date and 43
manner of service and accompanied by a confirmation of delivery or 44
– 18 –
- *AB340_R3*
certificate of mailing issued by the United States Postal Service or 1
confirmation of actual delivery by a private postal service. 2
(b) If the notice was served by a sheriff, a constable or a person 3
who is licensed as a process server pursuant to chapter 648 of NRS, 4
a written statement, endorsed by the person who served the notice, 5
stating the date and manner of service. The statement must also 6
include the number of the badge or license of the person who served 7
the notice. 8
(c) For a short-term tenancy, if service of the notice was not 9
delivered in person: 10
(1) A certificate of mailing issued by the United States Postal 11
Service or by a private postal service to the landlord or the 12
landlord’s agent; or 13
(2) The endorsement of a sheriff or constable stating the: 14
(I) Time and date the request for service was made by the 15
landlord or the landlord’s agent; 16
(II) Time, date and manner of the service; and 17
(III) Fees paid for the service. 18
7. For the purpose of this section, an agent of an attorney 19
licensed in this State shall only serve notice pursuant to subsection 1 20
if: 21
(a) The landlord has retained the attorney in an action pursuant 22
to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 6.5, 23
inclusive, of this act; and 24
(b) The agent is acting at the direction and under the direct 25
supervision of the attorney. 26
Sec. 14. NRS 40.385 is hereby amended to read as follows: 27
40.385 1. Either party may appeal an order entered pursuant 28
to NRS [40.253, 40.254 or] 40.2542 or section 2 or 6.5 of this act 29
by filing a notice of appeal within 10 judicial days after the date of 30
entry of the order. 31
2. Except as otherwise provided in this section, a stay of 32
execution may be obtained by filing with the trial court a bond in the 33
amount of $250 to cover the expected costs on appeal. A surety 34
upon the bond submits to the jurisdiction of the appellate court and 35
irrevocably appoints the clerk of that court as the surety’s agent 36
upon whom papers affecting the surety’s liability upon the bond 37
may be served. Liability of a surety may be enforced, or the bond 38
may be released, on motion in the appellate court without 39
independent action. A tenant of commercial property may obtain a 40
stay of execution only upon the issuance of a stay pursuant to Rule 8 41
of the Nevada Rules of Appellate Procedure and the posting of a 42
supersedeas bond in the amount of 100 percent of any unpaid rent 43
claim of the landlord. 44
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- *AB340_R3*
3. A tenant who retains possession of the premises that are the 1
subject of the appeal during the pendency of the appeal shall pay to 2
the landlord rent in the amount provided in the underlying contract 3
between the tenant and the landlord as it becomes due. If the tenant 4
fails to pay such rent, the landlord may initiate new proceedings for 5
a summary eviction by serving the tenant with a new notice pursuant 6
to NRS [40.253, 40.254 or] 40.2542 [.] or section 2 or 6.5 of this 7
act. 8
Sec. 15. NRS 118.205 is hereby amended to read as follows: 9
118.205 A notice provided by a landlord to a tenant pursuant to 10
NRS 118.195: 11
1. Must advise the tenant of the provisions of that section and 12
specify: 13
(a) The address or other location of the property; 14
(b) The date upon which the property will be deemed abandoned 15
and the rental agreement terminated; and 16
(c) An address for payment of the rent due and delivery of 17
notice to the landlord. 18
2. Must be served pursuant to subsection 1 of NRS 40.280. 19
3. May be included in the notice required by subsection [1] 2 20
of [NRS 40.253] section 2 of this act or subsection 1 of NRS 21
40.2542, as applicable. 22
Sec. 16. NRS 118A.460 is hereby amended to read as follows: 23
118A.460 1. The landlord may dispose of personal property 24
abandoned on the premises by a former tenant or left on the 25
premises after eviction of the tenant without incurring civil or 26
criminal liability in the following manner: 27
(a) The landlord shall reasonably provide for the safe storage of 28
the property for 30 days after the abandonment or eviction or the 29
end of the rental period and may charge and collect the reasonable 30
and actual costs of inventory, moving and storage before releasing 31
the property to the tenant or his or her authorized representative 32
rightfully claiming the property within that period. The landlord is 33
liable to the tenant only for the landlord’s negligent or wrongful acts 34
in storing the property. 35
(b) After the expiration of the 30-day period, the landlord may 36
dispose of the property and recover his or her reasonable costs out 37
of the property or the value thereof if the landlord has made 38
reasonable efforts to locate the tenant, has notified the tenant in 39
writing of his or her intention to dispose of the property and 14 days 40
have elapsed since the notice was given to the tenant. The notice 41
must be mailed to the tenant at the tenant’s present address, and if 42
that address is unknown, then at the tenant’s last known address. 43
(c) Vehicles must be disposed of in the manner provided in 44
chapter 487 of NRS for abandoned vehicles. 45
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- *AB340_R3*
2. Any dispute relating to the amount of the costs claimed by 1
the landlord pursuant to paragraph (a) of subsection 1 may be 2
resolved using the procedure provided in [subsection 7 of NRS 3
40.253.] section 5 of this act. 4
3. During the 5-day period following the eviction or lockout of 5
a tenant, the landlord shall provide the former tenant a reasonable 6
opportunity to retrieve essential personal effects, including, without 7
limitation, medication, baby formula, basic clothing and personal 8
care items. Any dispute relating to the reasonableness of the 9
landlord’s actions pursuant to this section may be resolved using the 10
procedure provided in [subsection 9 of NRS 40.253.] section 6 of 11
this act. 12
Sec. 17. (Deleted by amendment.) 13
Sec. 18. NRS 179.1164 is hereby amended to read as follows: 14
179.1164 1. Except as otherwise provided in subsection 2, 15
the following property is subject to seizure and forfeiture in a 16
proceeding for forfeiture: 17
(a) Any proceeds attributable to the commission or attempted 18
commission of any felony. 19
(b) Any property or proceeds otherwise subject to forfeiture 20
pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or 21
501.3857. 22
2. Property may not, to the extent of the interest of any 23
claimant, be declared forfeited by reason of an act or omission 24
shown to have been committed or omitted without the knowledge, 25
consent or willful blindness of the claimant. 26
3. Unless the owner of real property or a mobile home: 27
(a) Has given the tenant notice to surrender the premises 28
pursuant to [NRS 40.254] section 6.5 of this act within 90 days after 29
the owner receives notice of a conviction pursuant to subsection 2 of 30
NRS 453.305; or 31
(b) Shows the court that the owner had good cause not to evict 32
the tenant summarily pursuant to [NRS 40.254,] section 6.5 of this 33
act, 34
the owner of real property or a mobile home used or intended for 35
use by a tenant to facilitate any violation of the provisions of NRS 36
453.011 to 453.552, inclusive, except NRS 453.336, is disputably 37
presumed to have known of and consented to that use if the notices 38
required by NRS 453.305 have been given in connection with 39
another such violation relating to the property or mobile home. The 40
holder of a lien or encumbrance on the property or mobile home is 41
disputably presumed to have acquired an interest in the property for 42
fair value and without knowledge or consent to such use, regardless 43
of when the act giving rise to the forfeiture occurred. 44
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Sec. 19. NRS 453.305 is hereby amended to read as follows: 1
453.305 1. Whenever a person is arrested for violating any of 2
the provisions of NRS 453.011 to 453.552, inclusive, except NRS 3
453.336, and real property or a mobile home occupied by the person 4
as a tenant has been used to facilitate the violation, the prosecuting 5
attorney responsible for the case shall cause to be delivered to the 6
owner of the property or mobile home a written notice of the arrest. 7
2. Whenever a person is convicted of violating any of the 8
provisions of NRS 453.011 to 453.552, inclusive, except NRS 9
453.336, and real property or a mobile home occupied by the person 10
as a tenant has been used to facilitate the violation, the prosecuting 11
attorney responsible for the case shall cause to be delivered to the 12
owner of the property or mobile home a written notice of the 13
conviction. 14
3. The notices required by this section must: 15
(a) Be written in language which is easily understood; 16
(b) Be sent by certified or registered mail, return receipt 17
requested, to the owner at the owner’s last known address; 18
(c) Be sent within 15 days after the arrest occurs or judgment of 19
conviction is entered against the tenant, as the case may be; 20
(d) Identify the tenant involved and the offense for which the 21
tenant has been arrested or convicted; and 22
(e) Advise the owner that: 23
(1) The property or mobile home is subject to forfeiture 24
pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301 25
unless the tenant, if convicted, is evicted; 26
(2) Any similar violation by the same tenant in the future 27
may also result in the forfeiture of the property unless the tenant has 28
been evicted; 29
(3) In any proceeding for forfeiture based upon such a 30
violation the owner will, by reason of the notice, be deemed to have 31
known of and consented to the unlawful use of the property or 32
mobile home; and 33
(4) The provisions of NRS 40.2514 and [40.254] section 6.5 34
of this act authorize the supplemental remedy of summary eviction 35
to facilitate the owner’s recovery of the property or mobile home 36
upon such a violation and provide for the recovery of any reasonable 37
attorney’s fees the owner incurs in doing so. 38
4. Nothing in this section shall be deemed to preclude the 39
commencement of a proceeding for forfeiture or the forfeiture of the 40
property or mobile home, whether or not the notices required by this 41
section are given as required, if the proceeding and forfeiture are 42
otherwise authorized pursuant to NRS 179.1156 to 179.1205, 43
inclusive, and 453.301. 44
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- *AB340_R3*
5. As used in this section, “tenant” means any person entitled 1
under a written or oral rental agreement to occupy real property or a 2
mobile home to the exclusion of others. 3
Sec. 20. NRS 645H.520 is hereby amended to read as follows: 4
645H.520 1. Subject to the provisions of NRS 645H.770, the 5
services an asset management company may provide include, 6
without limitation: 7
(a) Securing real property in foreclosure once it has been 8
determined to be abandoned and all notice provisions required by 9
law have been complied with; 10
(b) Providing maintenance for real property in foreclosure, 11
including landscape and pool maintenance; 12
(c) Cleaning the interior or exterior of real property in 13
foreclosure; 14
(d) Providing repair or improvements for real property in 15
foreclosure; and 16
(e) Removing trash and debris from real property in foreclosure 17
and the surrounding property. 18
2. An asset management company may dispose of personal 19
property abandoned on the premises of a residence in foreclosure or 20
left on the premises after the eviction of a homeowner or a tenant of 21
a homeowner without incurring civil or criminal liability in the 22
following manner: 23
(a) The asset management company shall reasonably provide for 24
the safe storage of the property for 30 days after the abandonment or 25
eviction and may charge and collect the reasonable and actual costs 26
of inventory, moving and storage before releasing the property to 27
the homeowner or the tenant of the homeowner or his or her 28
authorized representative rightfully claiming the property within that 29
period. The asset management company is liable to the homeowner 30
or the tenant of the homeowner only for the asset management 31
company’s negligent or wrongful acts in storing the property. 32
(b) After the expiration of the 30-day period, the asset 33
management company may dispose of the property and recover his 34
or her reasonable costs from the property or the value thereof if the 35
asset management company has made reasonable efforts to locate 36
the homeowner or the tenant of the homeowner, has notified the 37
homeowner or the tenant of the homeowner in writing of his or her 38
intention to dispose of the property and 14 days have elapsed since 39
the notice was given to the homeowner or the tenant of the 40
homeowner. The notice must be mailed to the homeowner or the 41
tenant of the homeowner at the present address of the homeowner or 42
the tenant of the homeowner and, if that address is unknown, then at 43
the last known address of the homeowner or the tenant of the 44
homeowner. 45
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(c) Vehicles must be disposed of in the manner provided in 1
chapter 487 of NRS for abandoned vehicles. 2
3. Any dispute relating to the amount of the costs claimed by 3
the asset management company pursuant to paragraph (a) of 4
subsection 2 may be resolved using the procedure provided in 5
[subsection 7 of NRS 40.253.] section 5 of this act. 6
Sec. 21. The amendatory provisions of sections 2 to 20, 7
inclusive, of this act apply to an action for summary eviction which 8
accrues on or after October 1, 2023. 9
Sec. 22. NRS 40.253 and 40.254 are hereby repealed. 10
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
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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
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
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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:
(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
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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
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.
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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
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:
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(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.
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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