(Reprinted with amendments adopted on May 23, 2023)
SECOND REPRINT S.B. 78
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SENATE BILL NO. 78–SENATOR DONATE
PREFILED JANUARY 26, 2023
____________
JOINT SPONSORS: ASSEMBLYMEN GONZÁLEZ, PETERS; AND WATTS
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes relating to property.
(BDR 10-623)
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; establishing and revising various
definitions relating to property; establishing provisions
relating to fees charged by landlords to prospective
tenants; prohibiting landlords from transferring, selling,
assigning or reporting to certain agencies information
concerning amounts owed by tenants to landlords;
establishing provisions relating to circumstances under
which a landlord changes his or her agent, broker or
property management company; requiring a rental
agreement to include separate appendices that contain
certain information; making it unlawful for a landlord or
certain other persons to charge a tenant certain fees;
making various changes relating to fees, fines, deposits
and costs paid by tenants; requiring rental agreements to
include a grace period for the late payment of rent;
requiring a tenant to be served with advance notice of
increases in certain fees, fines and costs; revising
provisions relating to agents of attorneys who serve
certain notices relating to evictions; revising provisions
relating to representation in small claim actions; and
providing other matters properly relating thereto.
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Legislative Counsel’s Digest:
Existing law requires a landlord and a tenant to perform certain obligations 1
with respect to a lease of real property. (NRS 118A.240-118A.300) As part of a 2
lease of real property, a landlord may require a tenant to pay a security deposit, 3
defined as a payment, deposit, fee or charge used by the landlord to: (1) remedy a 4
default in the payment of rent by the tenant; (2) repair damage to the premises other 5
than normal wear; and (3) clean the dwelling unit. (NRS 118A.240, 118A.242) 6
Section 5 of this bill defines the term “security deposit” to mean a deposit made in 7
cash or by any other acceptable manner to a landlord for any of the following 8
purposes: (1) remedying any default of the tenant in the payment of periodic rent, 9
including, without limitation, the cost of any fee for the late payment of rent; (2) 10
repairing damage to the premises caused by the tenant other than normal wear; and 11
(3) cleaning the unit. Section 28 of this bill repeals the existing definition of 12
“security deposit.” 13
Existing law requires a landlord to return a security deposit, or any remaining 14
portion thereof, within 30 days after the termination of the tenancy and makes the 15
landlord liable for certain amounts for failing to return the security deposit within 16
this period. (NRS 118A.242) Section 15 of this bill: (1) requires a landlord to 17
deliver an itemized, written accounting of the disposition of the security deposit or 18
surety bond, or a combination thereof in certain circumstances; (2) prescribes how 19
delivery of the itemized, written accounting must be effectuated by the landlord; 20
and (3) makes the landlord liable for certain amounts for failing to deliver the 21
itemized, written accounting. Section 15 also provides that in any action relating to 22
an amount claimed of a security deposit for repairing damage to the premises 23
caused by the tenant, the landlord has the burden of proving: (1) that the damage to 24
the premises occurred during the tenancy; and (2) the actual costs of repair. 25
Existing law defines “normal wear” as deterioration which occurs without 26
negligence, carelessness or abuse of the premises, equipment or chattels by the 27
tenant, a member of the household of the tenant or another person on the premises 28
with the consent of the tenant. (NRS 118A.110) Section 11 of this bill revises the 29
definition of “normal wear” to mean expected deterioration which occurs during the 30
course of a tenancy from the normal use of the premises by such persons. 31
Existing law requires written rental agreements to contain certain provisions, 32
including, without limitation, provisions concerning: (1) the amount of rent and the 33
manner and time of its payment; and (2) fees which are required and the purposes 34
for which they are required. (NRS 118A.200) Existing law authorizes a landlord to 35
charge a reasonable fee for the late payment of rent. (NRS 118A.210) Section 12 of 36
this bill requires such rental agreements to include a grace period for the late 37
payment of rent. Section 13 of this bill prohibits a landlord from charging the fee 38
for the late payment of rent until the expiration of the grace period set forth in the 39
rental agreement. Section 4 of this bill defines the term “grace period” for such 40
purposes. Section 12 also: (1) requires a written rental agreement to include a 41
separate appendix that contains an explanation of each fee that may be charged 42
during the term of the rental agreement and the purpose for which the fee may be 43
charged; and (2) makes it unlawful for a landlord or other person authorized to 44
enter into a rental agreement on his or her behalf to charge a tenant a fee in an 45
amount or for any purpose that is not set forth in the appendix. Finally, section 12 46
requires a written rental agreement to also include a separate appendix that contains 47
an explanation of the rights of the tenant pursuant to federal and state law and local 48
ordinances. 49
Existing law places certain prohibitions on rental agreements. (NRS 118A.220) 50
Section 14 of this bill prohibits rental agreements from requiring tenants to pay any 51
fee, fine or cost except those which are: (1) authorized by statute; or (2) actual and 52
reasonable. Sections 12, 19-21 and 24 of this bill make conforming changes 53
relating to the limitations on fees, fines and costs. 54
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Section 7 of this bill authorizes a landlord to charge a fee for the eviction of a 55
tenant. Section 6 of this bill requires a landlord who collects from a prospective 56
tenant any fee to apply to rent a dwelling unit to refund the fee if the landlord: (1) 57
rents the dwelling unit to a different prospective tenant; and (2) does not conduct 58
the activity for which the fee was collected. Section 6 further prohibits a landlord 59
from collecting an application fee, a fee to obtain a credit report or a fee to obtain a 60
background check for a minor who is a member of the household of the prospective 61
tenant. 62
Section 8 of this bill prohibits a landlord from transferring, selling, assigning or 63
reporting to certain agencies any amount owed by the tenant, unless the landlord 64
first delivers to the tenant an itemized, written accounting of all outstanding 65
amounts owed by the tenant. Section 8.5 of this bill requires any action for the 66
enforcement of any provision of a rental agreement to be brought: (1) not later than 67
2 years after the termination of the tenancy; and (2) as a small claims action, if 68
certain jurisdictional limits apply to the amount owed by the tenant. 69
Section 9 of this bill provides that if a landlord changes his or her agent, broker 70
or property management company, the landlord or the new agent, broker or 71
company is required to send certain information to the tenant within 10 business 72
days after the change. 73
Existing law prohibits a landlord from increasing the rent of a tenant unless the 74
tenant is served with advance notice of the increase. (NRS 118A.300) Section 18 of 75
this bill similarly prohibits a landlord from increasing certain fees, fines and costs 76
charged to the tenant unless the tenant is served with advance notice of the increase. 77
Existing law provides that if a tenant’s failure to perform basic obligations can 78
be remedied by cleaning and the tenant fails to comply with a request to remedy 79
such failure in a timely manner, the landlord may enter the dwelling unit, cause the 80
work to be done and bill the tenant. (NRS 118A.440) Section 22 of this bill deletes 81
this provision of existing law. 82
Existing law requires a tenant to be served with certain notices relating to 83
evictions. Existing law also provides that certain notices may be served by an agent 84
of an attorney who is licensed in this State if: (1) the attorney has been retained by 85
the landlord in certain actions; and (2) the agent is acting at the direction and under 86
the direct supervision of the attorney. (NRS 40.280) In addition to the existing 87
requirements concerning such agents, section 25 of this bill prohibits the agent 88
from being employed as a property manager in this State. 89
Existing law authorizes a nongovernmental legal or commercial entity to be 90
represented by its director, officer or employee in an action in small claims court. 91
(NRS 73.012) Similarly, section 26 of this bill authorizes a landlord to be 92
represented by his or her agent in a small claims action. 93
Section 26.5 of this bill provides that the amendatory provisions of this bill do 94
not apply to a tenant of a dwelling unit that is a manufactured home, or on the 95
premises of a manufactured home lot or a manufactured home park. 96
Finally, section 27 of this bill provides that a rental agreement entered into 97
before the effective date of this bill is binding upon the parties and may be enforced 98
on or after that date, regardless of whether the provisions of the rental agreement 99
conflict with the amendatory provisions of this bill. 100
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118.101 is hereby amended to read as follows: 1
118.101 1. A person may not refuse to: 2
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(a) Authorize a person with a disability to make reasonable 1
modifications to a dwelling which he or she occupies or will occupy 2
if: 3
(1) The person with the disability pays for the modifications; 4
and 5
(2) The modifications are necessary to ensure that the person 6
with the disability may use and enjoy the dwelling; or 7
(b) Make reasonable accommodations in rules, policies, 8
practices or services if those accommodations are necessary to 9
ensure that the person with the disability may use and enjoy the 10
dwelling. 11
2. A landlord may, as a condition for the authorization of such 12
a modification, reasonably require the person who requests the 13
authorization, upon the termination of his or her occupancy, to 14
restore the dwelling to the condition that existed before the 15
modification, reasonable wear and tear excepted. 16
3. Except as otherwise provided in subsection 4, a landlord 17
may not increase the amount of a security deposit the landlord 18
customarily requires a person to deposit because that person has 19
requested authorization to modify a dwelling pursuant to 20
subsection 1. 21
4. If a person requests authorization to modify a dwelling 22
pursuant to subsection 1, the landlord may require that person to 23
deposit an additional security deposit in addition to the amount the 24
landlord usually requires if the additional security deposit: 25
(a) Is necessary to ensure the restoration of the dwelling 26
pursuant to subsection 2; 27
(b) Does not exceed the actual cost of the restoration; and 28
(c) Is deposited by the landlord in an interest-bearing account. 29
Any interest earned on the additional amount must be paid to the 30
person who requested the authorization. 31
5. As used in this section, “security deposit” has the meaning 32
ascribed to it in [NRS 118A.240.] section 5 of this act. 33
Sec. 2. Chapter 118A of NRS is hereby amended by adding 34
thereto the provisions set forth as sections 3 to 9, inclusive, of this 35
act. 36
Sec. 3. (Deleted by amendment.) 37
Sec. 4. “Grace period” means a period of time, not less than 38
3 days, during which rent can be paid late by a tenant. 39
Sec. 5. “Security deposit” means a deposit paid in cash, by 40
check or by any other acceptable manner to a landlord for any of 41
the following purposes: 42
1. Remedying any default of the tenant in the payment of 43
periodic rent, including, without limitation, the cost of any fee for 44
the late payment of rent. 45
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2. Repairing damage to the premises caused by the tenant 1
other than normal wear. 2
3. Cleaning the dwelling unit. 3
Sec. 6. 1. A landlord who collects from a prospective tenant 4
any fee to apply to rent a dwelling unit, including, without 5
limitation, an application fee, a fee to obtain a credit report or a 6
fee to obtain a background check, shall refund the fee to the 7
prospective tenant if the landlord: 8
(a) Rents the dwelling unit to a different prospective tenant; 9
and 10
(b) Does not conduct the activity for which the fee was 11
collected, including, without limitation, processing the application 12
or obtaining a credit report or background check of the 13
prospective tenant. 14
2. A landlord shall not collect an application fee, a fee to 15
obtain a credit report or a fee to obtain a background check for a 16
minor who is a member of the household of the prospective tenant. 17
3. As used in this section: 18
(a) “Household” means an association of persons who live in 19
the same home or dwelling and who are related by blood, 20
adoption, marriage or domestic partnership. 21
(b) “Minor” means a person who is under 18 years of age. 22
Sec. 7. A landlord may charge a tenant a fee for the eviction 23
of the tenant. The amount of the fee must not exceed the direct 24
and actual costs of the landlord associated with the action for 25
eviction. 26
Sec. 8. 1. A landlord may not transfer, sell, assign or report 27
to a collection agency or credit reporting agency any amount owed 28
by the tenant to the landlord, unless the landlord delivers to the 29
tenant an itemized, written accounting of all outstanding amounts 30
owed by the tenant at least 30 days in advance of transferring, 31
selling, assigning or reporting the amount owed to a collection 32
agency or credit reporting agency. 33
2. An itemized, written accounting required by subsection 1 34
must contain a disclosure which states that if the outstanding 35
amounts are not paid within 30 days, the landlord will transfer, 36
sell, assign or report the outstanding amount to a collection 37
agency or credit reporting agency. 38
3. The delivery of the itemized, written accounting must be 39
effectuated by the landlord by: 40
(a) Personally handing the itemized, written accounting to the 41
tenant at the place where rent is paid by the tenant; or 42
(b) Mailing the itemized, written accounting to the tenant at 43
the present address of the tenant, if known, or the last known 44
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address of the tenant, if the present address of the tenant is 1
unknown. 2
Sec. 8.5. 1. Any action for the enforcement of any 3
provision of a rental agreement must be commenced not later than 4
2 years after the termination of the tenancy, as established by the 5
rental agreement. 6
2. If the amount owed by the tenant does not exceed the 7
jurisdictional limit set forth in chapter 73 of NRS, the landlord 8
must bring a small claims action. 9
Sec. 9. Within 10 business days after the landlord changes 10
his or her agent, broker or property management company, the 11
landlord or the new agent, broker or company shall provide 12
written notification to the tenant which must contain: 13
1. The name, address and telephone number of the new 14
agent, broker or company; and 15
2. A statement that the security deposit of the tenant was 16
transferred, in its entirety without deductions, to the new entity 17
and that no additional security deposit is required to be paid by the 18
tenant. 19
Sec. 10. NRS 118A.020 is hereby amended to read as follows: 20
118A.020 As used in this chapter, unless the context otherwise 21
requires, the terms defined in NRS 118A.030 to 118A.175, 22
inclusive, and sections 4 and 5 of this act have the meanings 23
ascribed to them in those sections. 24
Sec. 11. NRS 118A.110 is hereby amended to read as follows: 25
118A.110 1. “Normal wear” means [that] the expected 26
deterioration which occurs [without negligence, carelessness or 27
abuse] during the course of a tenancy from the normal use of the 28
premises [, equipment or chattels] by the tenant, a household 29
member of the [tenant’s household] tenant or other person on the 30
premises with the [tenant’s] consent [.] of the tenant. 31
2. The term does not include damage to the premises which 32
results from the neglect or abuse of the premises by the tenant, a 33
household member of the tenant or other person on the premises. 34
Sec. 12. NRS 118A.200 is hereby amended to read as follows: 35
118A.200 1. Any written agreement for the use and 36
occupancy of a dwelling unit or premises must be signed by the 37
landlord or his or her agent and the tenant or his or her agent. 38
2. The landlord shall provide one copy of any written 39
agreement described in subsection 1 to the tenant free of cost at the 40
time the agreement is executed and, upon request of the tenant, 41
provide additional copies of any such agreement to the tenant within 42
a reasonable time. The landlord may charge a reasonable fee for 43
providing the additional copies. 44
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3. Any written rental agreement must contain, but is not limited 1
to, provisions relating to the following subjects: 2
(a) Duration of the agreement. 3
(b) Amount of rent and the manner and time of its payment [.] , 4
including, without limitation: 5
(1) The duration of the grace period. 6
(2) The fee for the late payment of rent. 7
(c) Occupancy by children or pets. 8
(d) Services included with the dwelling rental. 9
(e) [Fees] Subject to the limitations set forth in NRS 118A.220, 10
fees, fines and costs which are [required] to be paid by the tenant 11
and the purposes for which they are required. 12
(f) Deposits which are required and the conditions for their 13
refund [.] , as applicable. 14
(g) [Charges which may be required for late or partial payment 15
of rent or for return of any dishonored check. 16
(h)] Inspection rights of the landlord. 17
[(i)] (h) A listing of persons or numbers of persons who are to 18
occupy the dwelling. 19
[(j)] (i) Respective responsibilities of the landlord and the tenant 20
as to the payment of utility charges. 21
[(k)] (j) A signed record of the inventory and condition of the 22
premises under the exclusive custody and control of the tenant. 23
[(l)] (k) A summary of the provisions of NRS 202.470. 24
[(m)] (l) Information regarding the procedure pursuant to which 25
a tenant may report to the appropriate authorities: 26
(1) A nuisance. 27
(2) A violation of a building, safety or health code or 28
regulation. 29
[(n)] (m) Information regarding the right of the tenant to engage 30
in the display of the flag of the United States, as set forth in 31
NRS 118A.325. 32
(n) A separate appendix that contains a clear and concise 33
explanation of each fee that may be charged during the term of 34
the rental agreement and the purpose for which the fee may be 35
charged. The appendix must state with specificity: 36
(1) For each fee that is variable, that the cost to be paid by 37
the tenant is the actual cost incurred and that no additional fee 38
will be added unless the fee is for a charge incurred by the tenant, 39
including, without limitation, a late fee; and 40
(2) For each fee that is fixed or provided by a third-party 41
vendor, the current amount of the fee. 42
(o) A separate appendix that contains a clear and concise 43
explanation of the rights of the tenant pursuant to federal and 44
state laws and local ordinances. 45
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4. In addition to the provisions required by subsection 3, any 1
written rental agreement for a single-family residence which is not 2
signed by an authorized agent of the landlord who at the time of 3
signing holds a permit to engage in property management pursuant 4
to chapter 645 of NRS must contain a disclosure at the top of the 5
first page of the agreement, in a font size at least two times larger 6
than any other font size in the agreement, which states that: 7
(a) There are rebuttable presumptions in NRS 205.0813 and 8
205.0817 that the tenant does not have lawful occupancy of the 9
dwelling unless the agreement: 10
(1) Is notarized or is signed by an authorized agent of the 11
landlord who at the time of signing holds a permit to engage in 12
property management pursuant to chapter 645 of NRS; and 13
(2) Includes the current address and telephone number of the 14
landlord or his or her authorized representative; and 15
(b) The agreement is valid and enforceable against the landlord 16
and the tenant regardless of whether the agreement: 17
(1) Is notarized or is signed by an authorized agent of the 18
landlord who at the time of signing holds a permit to engage in 19
property management pursuant to chapter 645 of NRS; or 20
(2) Includes the current address and telephone number of the 21
landlord or his or her authorized representative. 22
5. The absence of a written agreement raises a disputable 23
presumption that: 24
(a) There are no restrictions on occupancy by children or pets. 25
(b) Maintenance and waste removal services are provided 26
without charge to the tenant. 27
(c) [No charges for partial or late payments of rent or for 28
dishonored checks are paid by the tenant.] There is no fee for the 29
late payment of rent. 30
(d) Other than normal wear, the premises will be returned in the 31
same condition as when the tenancy began. 32
6. It is unlawful for a landlord or any person authorized to 33
enter into a rental agreement on his or her behalf to use any written 34
agreement which does not conform to the provisions of this section, 35
and any provision in an agreement which contravenes the provisions 36
of this section is void. 37
7. It is unlawful for a landlord or any person authorized to 38
enter into a rental agreement on his or her behalf to charge a 39
tenant a fee in an amount or for any purpose that is not set forth 40
in the appendix to the rental agreement that is required pursuant 41
to paragraph (n) of subsection 3. 42
8. As used in this section, “single-family residence” means a 43
structure that is comprised of not more than four units. The term 44
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does not include a manufactured home as defined in 1
NRS 118B.015. 2
Sec. 13. NRS 118A.210 is hereby amended to read as follows: 3
118A.210 1. Rent is payable without demand or notice at the 4
time and place agreed upon by the parties. 5
2. Unless the rental agreement establishes a definite term, the 6
tenancy is from week to week in the case of a tenant who pays 7
weekly rent and in all other cases the tenancy is from month to 8
month. 9
3. In the absence of an agreement, either written or oral: 10
(a) Rent is payable at the beginning of the tenancy; and 11
(b) Rent for the use and occupancy of a dwelling is the fair 12
rental value for the use and occupancy. 13
4. A landlord may charge a reasonable late fee for the late 14
payment of rent as set forth in the rental agreement, but: 15
(a) In a tenancy that is longer than week to week, no late fee 16
may be charged or imposed until at least 3 calendar days after the 17
date that rent is due; 18
(b) Such a late fee must not exceed 5 percent of the amount of 19
the periodic rent; [and] 20
(c) Such a late fee must not be charged until the expiration of 21
the grace period set forth in the rental agreement; and 22
(d) The maximum amount of the late fee must not be increased 23
based upon a late fee that was previously imposed. 24
Sec. 14. NRS 118A.220 is hereby amended to read as follows: 25
118A.220 1. A rental agreement shall not provide that the 26
tenant: 27
(a) Agrees to waive or forego rights or remedies afforded by this 28
chapter; 29
(b) Authorizes any person to confess judgment on any claim 30
arising out of the rental agreement; 31
(c) Agrees to pay [the] : 32
(1) The landlord’s attorney’s fees, except that the agreement 33
may provide that reasonable attorney’s fees may be awarded to the 34
prevailing party in the event of court action; or 35
(2) Any fee, fine or cost, except those which are: 36
(I) Expressly authorized by statute; or 37
(II) Actual and reasonable; 38
(d) Agrees to the exculpation or limitation of any liability of the 39
landlord arising under law or to indemnify the landlord for that 40
liability or the costs connected therewith if the liability is based 41
upon an act or omission of the landlord or any agent or employee of 42
the landlord; or 43
(e) Agrees to give the landlord a different notice of termination 44
than that required to be given by the landlord to the tenant. 45
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2. Any provision prohibited by subsection 1 is void as contrary 1
to public policy and the tenant may recover any actual damages 2
incurred through the inclusion of the prohibited provision. 3
Sec. 15. NRS 118A.242 is hereby amended to read as follows: 4
118A.242 1. The landlord may not demand or receive a 5
security deposit or a surety bond, or a combination thereof, 6
including the last month’s rent, whose total amount or value exceeds 7
3 months’ periodic rent. 8
2. In lieu of paying all or part of the security deposit required 9
by the landlord, a tenant may, if the landlord consents, purchase a 10
surety bond to secure the tenant’s obligation to the landlord under 11
the rental agreement to: 12
(a) Remedy any default of the tenant in the payment of rent. 13
(b) Repair damages to the premises other than normal wear and 14
tear. 15
(c) Clean the dwelling unit. 16
3. The landlord: 17
(a) Is not required to accept a surety bond purchased by the 18
tenant in lieu of paying all or part of the security deposit; and 19
(b) May not require a tenant to purchase a surety bond in lieu of 20
paying all or part of the security deposit. 21
4. Upon termination of the tenancy by either party for any 22
reason, the landlord may claim of the security deposit or surety 23
bond, or a combination thereof, only such amounts as are reasonably 24
necessary to [remedy] : 25
(a) Remedy any default of the tenant in the payment of rent [, 26
to repair] ; 27
(b) Repair damages to the premises caused by the tenant 28
other than normal wear [and to pay the reasonable costs of cleaning 29
the premises.] ; and 30
(c) Clean the premises. 31
5. The landlord shall [provide] deliver to the tenant [with] an 32
itemized, written accounting of the disposition of the security 33
deposit or surety bond, or a combination thereof, and return any 34
remaining portion of the security deposit to the tenant [no] not later 35
than 30 days after the termination of the tenancy by handing it to the 36
tenant personally at the place where the rent is paid, or by mailing it 37
to the tenant at the tenant’s present address or, if that address is 38
unknown, at the tenant’s last known address. 39
[5. If a tenant disputes an item contained in an itemized written 40
accounting received from a landlord pursuant to subsection 4, the 41
tenant may send a written response disputing the item to the surety. 42
If the tenant sends the written response within 30 days after 43
receiving the itemized written accounting, the surety shall not report 44
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the claim of the landlord to a credit reporting agency unless the 1
surety obtains a judgment against the tenant.] 2
6. The delivery of the itemized, written accounting must be 3
effectuated by the landlord by: 4
(a) Personally handing the itemized, written accounting to the 5
tenant at the place where rent is paid by the tenant; or 6
(b) Mailing the itemized, written accounting to the tenant at 7
the present address of the tenant, if known, or the last known 8
address of the tenant, if the present address of the tenant is 9
unknown. 10
7. If the landlord fails or refuses to deliver the itemized, 11
written accounting or return the remainder of a security deposit 12
within 30 days after the end of a tenancy, the landlord is liable to the 13
tenant for damages : 14
(a) In an amount equal to the entire security deposit; and 15
(b) For a sum to be fixed by the court of not more than the 16
amount of the entire security deposit. 17
[7.] 8. In determining the sum, if any, to be awarded under 18
paragraph (b) of subsection [6,] 7, the court shall consider: 19
(a) Whether the landlord acted in good faith; 20
(b) The course of conduct between the landlord and the tenant; 21
and 22
(c) The degree of harm to the tenant caused by the landlord’s 23
conduct. 24
[8. Except for an agreement which provides for a 25
nonrefundable charge for cleaning, in a reasonable amount, no] 26
9. In any action relating to an amount claimed of a security 27
deposit or surety bond, or a combination thereof, by a landlord for 28
repairing damage to the premises caused by the tenant other than 29
normal wear, the landlord has the burden of proving: 30
(a) That the damage to the premises occurred during the 31
tenancy of the tenant; and 32
(b) The actual costs of repair. 33
10. A rental agreement [may] must not contain any provision 34
characterizing any security deposit under this section as 35
nonrefundable or any provision waiving or modifying a tenant’s 36
rights under this section. Any such provision is void as contrary to 37
public policy. 38
[9.] 11. The claim of a tenant to a security deposit to which the 39
tenant is entitled under this chapter takes precedence over the claim 40
of any creditor of the landlord. 41
Sec. 16. (Deleted by amendment.) 42
Sec. 17. (Deleted by amendment.) 43
Sec. 18. NRS 118A.300 is hereby amended to read as follows: 44
118A.300 The landlord may not increase [the] : 45
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1. The rent payable by a tenant unless the landlord serves the 1
tenant with a written notice, [60] at least 60 days or, in the case of 2
any periodic tenancy of less than 1 month, [30] at least 30 days in 3
advance of the first rental payment to be increased, advising the 4
tenant of the increase. 5
2. Any fee, fine or cost required to be paid by the tenant, 6
unless the landlord serves the tenant with a written notice: 7
(a) At least 60 days in advance of the first payment to be 8
increased, if the tenancy is from month to month; or 9
(b) At least 30 days in advance of the first payment to be 10
increased, if the tenancy is from week to week. 11
Sec. 19. NRS 118A.355 is hereby amended to read as follows: 12
118A.355 1. Except as otherwise provided in this chapter, if 13
a landlord fails to maintain a dwelling unit in a habitable condition 14
as required by this chapter, the tenant shall deliver a written notice 15
to the landlord specifying each failure by the landlord to maintain 16
the dwelling unit in a habitable condition and requesting that the 17
landlord remedy the failures. If a failure is remediable and the 18
landlord adequately remedies the failure or uses his or her best 19
efforts to remedy the failure within 14 days after receipt of the 20
notice, the tenant may not proceed under this section. If the landlord 21
fails to remedy a material failure to maintain the dwelling unit in a 22
habitable condition or to make a reasonable effort to do so within 23
the prescribed time, the tenant may: 24
(a) Terminate the rental agreement immediately. 25
(b) Recover actual damages. 26
(c) Apply to the court for such relief as the court deems proper 27
under the circumstances. 28
(d) Withhold any rent that becomes due without incurring [late 29
fees, charges for notice or] any [other charge or] fee , fine or cost 30
authorized by [this chapter or] the rental agreement until the 31
landlord has remedied, or has attempted in good faith to remedy, the 32
failure. 33
2. The tenant may not proceed under this section: 34
(a) For a condition caused by the tenant’s own deliberate or 35
negligent act or omission or that of a member of his or her 36
household or other person on the premises with his or her consent; 37
or 38
(b) If the landlord’s inability to adequately remedy the failure or 39
use his or her best efforts to remedy the failure within 14 days is due 40
to the tenant’s refusal to allow lawful access to the dwelling unit as 41
required by the rental agreement or this chapter. 42
3. If the rental agreement is terminated, the landlord shall 43
return all prepaid rent and any security deposit recoverable by the 44
tenant under this chapter. 45
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4. A tenant may not proceed under this section unless the 1
tenant has given notice as required by subsection 1, except that the 2
tenant may, without giving that notice: 3
(a) Recover damages under paragraph (b) of subsection 1 if the 4
landlord: 5
(1) Admits to the court that the landlord had knowledge of 6
the condition constituting the failure to maintain the dwelling in a 7
habitable condition; or 8
(2) Has received written notice of that condition from a 9
governmental agency authorized to inspect for violations of 10
building, housing or health codes. 11
(b) Withhold rent under paragraph (d) of subsection 1 if the 12
landlord: 13
(1) Has received written notice of the condition constituting 14
the failure to maintain the dwelling in a habitable condition from a 15
governmental agency authorized to inspect for violations of 16
building, housing or health codes; and 17
(2) Fails to remedy or attempt in good faith to remedy the 18
failure within the time prescribed in the written notice of that 19
condition from the governmental agency. 20
5. Justice courts shall establish by local rule a mechanism by 21
which tenants may deposit rent withheld under paragraph (d) of 22
subsection 1 into an escrow account maintained or approved by the 23
court. A tenant does not have a defense to an eviction under 24
paragraph (d) of subsection 1 unless the tenant has deposited the 25
withheld rent into an escrow account pursuant to this subsection. 26
Sec. 20. NRS 118A.370 is hereby amended to read as follows: 27
118A.370 If the landlord fails to deliver possession of the 28
dwelling unit to the tenant as provided in this chapter, rent abates 29
until possession is delivered as required, and the tenant may: 30
1. Terminate the rental agreement upon at least 5 days’ written 31
notice to the landlord and upon termination the landlord shall return 32
all prepaid rent, any security deposit recoverable under this chapter 33
[,] and any [payment,] other fee, fine, cost or deposit [, fee or 34
charge to secure the execution of] required under the rental 35
agreement [; or] to be paid by the tenant before his or her 36
possession of the premises. 37
2. Demand performance of the rental agreement by the 38
landlord and, if the tenant elects, maintain an action for possession 39
of the dwelling unit against the landlord or any person wrongfully in 40
possession and recover the actual damages sustained. If the landlord 41
has exercised due diligence to evict the holdover tenant or remedy 42
the condition keeping the new tenant from taking possession, the 43
landlord is not liable for damages . [; or] 44
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3. Pursue any other remedies to which the tenant is entitled, 1
including the right to recover any actual damages suffered. 2
Sec. 21. NRS 118A.380 is hereby amended to read as follows: 3
118A.380 1. If the landlord is required by the rental 4
agreement or this chapter to supply heat, air-conditioning, running 5
water, hot water, electricity, gas, a functioning door lock or another 6
essential item or service and the landlord willfully or negligently 7
fails to do so, causing the premises to become unfit for habitation, 8
the tenant shall give written notice to the landlord specifying the 9
breach. If the landlord does not adequately remedy the breach, or 10
use his or her best efforts to remedy the breach within 48 hours, 11
except a Saturday, Sunday or legal holiday, after it is received by 12
the landlord, the tenant may, in addition to any other remedy: 13
(a) Procure reasonable amounts of such essential items or 14
services during the landlord’s noncompliance and deduct their 15
actual and reasonable cost from the rent; 16
(b) Recover actual damages, including damages based upon the 17
lack of use of the premises or the diminution of the fair rental value 18
of the dwelling unit; 19
(c) Withhold any rent that becomes due during the landlord’s 20
noncompliance without incurring [late fees, charges for notice or] 21
any [other charge or] fee , fine or cost authorized by [this chapter 22
or] the rental agreement, until the landlord has attempted in good 23
faith to restore the essential items or services; or 24
(d) Procure other housing which is comparable during the 25
landlord’s noncompliance, and the rent for the original premises 26
fully abates during this period. The tenant may recover the actual 27
and reasonable cost of that other housing which is in excess of the 28
amount of rent which is abated. 29
2. If the tenant proceeds under this section, the tenant may not 30
proceed under NRS 118A.350 and 118A.360 as to that breach. 31
3. The rights of the tenant under this section do not arise until 32
the tenant has given written notice as required by subsection 1, 33
except that the tenant may, without having given that notice: 34
(a) Recover damages as authorized under paragraph (b) of 35
subsection 1 if the landlord: 36
(1) Admits to the court that the landlord had knowledge of 37
the lack of such essential items or services; or 38
(2) Has received written notice of the uninhabitable 39
condition caused by such a lack from a governmental agency 40
authorized to inspect for violations of building, housing or health 41
codes. 42
(b) Withhold rent under paragraph (c) of subsection 1 if the 43
landlord: 44
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(1) Has received written notice of the condition constituting 1
the breach from a governmental agency authorized to inspect for 2
violations of building, housing or health codes; and 3
(2) Fails to remedy or attempt in good faith to remedy the 4
breach within the time prescribed in the written notice of that 5
condition from the governmental agency. 6
4. The rights of the tenant under paragraph (c) of subsection 1 7
do not arise unless the tenant is current in the payment of rent at the 8
time of giving written notice pursuant to subsection 1. 9
5. If such a condition was caused by the deliberate or negligent 10
act or omission of the tenant, a member of his or her household or 11
other person on the premises with his or her consent, the tenant has 12
no rights under this section. 13
Sec. 22. NRS 118A.440 is hereby amended to read as follows: 14
118A.440 If the tenant’s failure to perform basic obligations 15
under this chapter can be remedied by repair [,] or replacement of a 16
damaged item , [or cleaning,] and the tenant fails to use his or her 17
best efforts to comply within 14 days after written notice by the 18
landlord specifying the breach and requesting that the tenant remedy 19
it within that period of time or more promptly if conditions require 20
in case of emergency, the landlord may enter the dwelling unit and 21
cause the work to be done in a workmanlike manner and submit the 22
itemized bill for the actual and reasonable cost, or the fair and 23
reasonable value of the work. The itemized bill must be paid as rent 24
on the next date periodic rent is due, or if the rental agreement has 25
terminated, may be submitted to the tenant for immediate payment 26
or deducted from the security deposit. 27
Sec. 23. (Deleted by amendment.) 28
Sec. 24. NRS 40.253 is hereby amended to read as follows: 29
40.253 1. Except as otherwise provided in subsection 12, in 30
addition to the remedy provided in NRS 40.2512 and 40.290 to 31
40.420, inclusive, when the tenant of any dwelling, apartment, 32
mobile home or recreational vehicle with periodic rent reserved by 33
the month or any shorter period is in default in payment of the rent, 34
the landlord or the landlord’s agent may cause to be served a notice 35
in writing, requiring in the alternative the payment of the rent or the 36
surrender of the premises: 37
(a) Before the close of business on the seventh judicial day 38
following the day of service; or 39
(b) If the landlord chooses not to proceed in the manner set forth 40
in paragraph (a) and the rent is reserved by a period of 1 week or 41
less and the tenancy has not continued for more than 45 days, at or 42
before noon of the fourth full day following the day of service. 43
As used in this subsection, “day of service” means the day the 44
landlord or the landlord’s agent personally delivers the notice to the 45
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tenant. If personal service was not so delivered, the “day of service” 1
means the day the notice is delivered, after posting and mailing 2
pursuant to subsection 2, to the sheriff or constable for service if the 3
request for service is made before noon. If the request for service by 4
the sheriff or constable is made after noon, the “day of service” shall 5
be deemed to be the day next following the day that the request is 6
made for service by the sheriff or constable. 7
2. A landlord or the landlord’s agent who serves a notice to a 8
tenant pursuant to paragraph (b) of subsection 1 shall attempt to 9
deliver the notice in person in the manner set forth in subsection 2 of 10
NRS 40.2542. If the notice cannot be delivered in person, the 11
landlord or the landlord’s agent: 12
(a) Shall post a copy of the notice in a conspicuous place on the 13
premises and mail the notice by overnight mail; and 14
(b) After the notice has been posted and mailed, may deliver the 15
notice to the sheriff or constable for service in the manner set forth 16
in subsection 1 of NRS 40.280. The sheriff or constable shall not 17
accept the notice for service unless it is accompanied by written 18
evidence, signed by the tenant when the tenant took possession of 19
the premises, that the landlord or the landlord’s agent informed the 20
tenant of the provisions of this section which set forth the lawful 21
procedures for eviction from a short-term tenancy. Upon 22
acceptance, the sheriff or constable shall serve the notice within 48 23
hours after the request for service was made by the landlord or the 24
landlord’s agent. 25
3. A notice served pursuant to subsection 1 or 2 must: 26
(a) Identify the court that has jurisdiction over the matter; and 27
(b) Advise the tenant: 28
(1) Of the tenant’s right to contest the matter by filing, within 29
the time specified in subsection 1 for the payment of the rent or 30
surrender of the premises, an affidavit with the court that has 31
jurisdiction over the matter stating that the tenant has tendered 32
payment or is not in default in the payment of the rent; 33
(2) That if the court determines that the tenant is guilty of an 34
unlawful detainer, the court may issue a summary order for removal 35
of the tenant or an order providing for the nonadmittance of the 36
tenant, directing the sheriff or constable of the county to post the 37
order in a conspicuous place on the premises not later than 24 hours 38
after the order is received by the sheriff or constable. The sheriff or 39
constable shall remove the tenant not earlier than 24 hours but not 40
later than 36 hours after the posting of the order; and 41
(3) That, pursuant to NRS 118A.390, a tenant may seek relief 42
if a landlord unlawfully removes the tenant from the premises or 43
excludes the tenant by blocking or attempting to block the tenant’s 44
entry upon the premises or willfully interrupts or causes or permits 45
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the interruption of an essential service required by the rental 1
agreement or chapter 118A of NRS. 2
4. If the tenant files such an affidavit at or before the time 3
stated in the notice, the landlord or the landlord’s agent, after receipt 4
of a file-stamped copy of the affidavit which was filed, shall not 5
provide for the nonadmittance of the tenant to the premises by 6
locking or otherwise. 7
5. Upon noncompliance with the notice: 8
(a) The landlord or the landlord’s agent may apply by affidavit 9
of complaint for eviction to the justice court of the township in 10
which the dwelling, apartment, mobile home or recreational vehicle 11
are located or to the district court of the county in which the 12
dwelling, apartment, mobile home or recreational vehicle are 13
located, whichever has jurisdiction over the matter. The court may 14
thereupon issue an order directing the sheriff or constable of the 15
county to post the order in a conspicuous place on the premises not 16
later than 24 hours after the order is received by the sheriff or 17
constable. The sheriff or constable shall remove the tenant not 18
earlier than 24 hours but not later than 36 hours after the posting of 19
the order. The affidavit must state or contain: 20
(1) The date the tenancy commenced. 21
(2) The amount of periodic rent reserved. 22
(3) The amounts of any cleaning, security or rent deposits 23
paid in advance, in excess of the first month’s rent, by the tenant. 24
(4) The date the rental payments became delinquent. 25
(5) The length of time the tenant has remained in possession 26
without paying rent. 27
(6) The amount of rent claimed due and delinquent. 28
(7) A statement that the written notice was served on the 29
tenant in accordance with NRS 40.280. 30
(8) A copy of the written notice served on the tenant. 31
(9) A copy of the signed written rental agreement, if any. 32
(b) Except when the tenant has timely filed the affidavit 33
described in subsection 3 and a file-stamped copy of it has been 34
received by the landlord or the landlord’s agent, and except when 35
the landlord is prohibited pursuant to NRS 118A.480, the landlord 36
or the landlord’s agent may, in a peaceable manner, provide for the 37
nonadmittance of the tenant to the premises by locking or otherwise. 38
6. Upon the filing by the tenant of the affidavit permitted in 39
subsection 3, regardless of the information contained in the 40
affidavit, and the filing by the landlord of the affidavit permitted by 41
subsection 5, the justice court or the district court shall hold a 42
hearing, after service of notice of the hearing upon the parties, to 43
determine the truthfulness and sufficiency of any affidavit or notice 44
provided for in this section. If the court determines that there is no 45
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legal defense as to the alleged unlawful detainer and the tenant is 1
guilty of an unlawful detainer, the court may issue a summary order 2
for removal of the tenant or an order providing for the 3
nonadmittance of the tenant. If the court determines that there is a 4
legal defense as to the alleged unlawful detainer, the court shall 5
refuse to grant either party any relief, and, except as otherwise 6
provided in this subsection, shall require that any further 7
proceedings be conducted pursuant to NRS 40.290 to 40.420, 8
inclusive. The issuance of a summary order for removal of the 9
tenant does not preclude an action by the tenant for any damages or 10
other relief to which the tenant may be entitled. If the alleged 11
unlawful detainer was based upon subsection 5 of NRS 40.2514, the 12
refusal by the court to grant relief does not preclude the landlord 13
thereafter from pursuing an action for unlawful detainer in 14
accordance with NRS 40.251. 15
7. The tenant may, upon payment of the appropriate fees 16
relating to the filing and service of a motion, file a motion with the 17
court, on a form provided by the clerk of the court, to dispute the 18
amount of the costs, if any, claimed by the landlord pursuant to NRS 19
118A.460 for the inventory, moving and storage of personal 20
property left on the premises. The motion must be filed within 20 21
days after the summary order for removal of the tenant or the 22
abandonment of the premises by the tenant, or within 20 days after: 23
(a) The tenant has vacated or been removed from the premises; 24
and 25
(b) A copy of those charges has been requested by or provided 26
to the tenant, 27
whichever is later. 28
8. Upon the filing of a motion pursuant to subsection 7, the 29
court shall schedule a hearing on the motion. The hearing must be 30
held within 10 days after the filing of the motion. The court shall 31
affix the date of the hearing to the motion and order a copy served 32
upon the landlord by the sheriff, constable or other process server. 33
At the hearing, the court may: 34
(a) Determine the costs, if any, claimed by the landlord pursuant 35
to NRS 118A.460 and any accumulating daily costs; and 36
(b) Order the release of the tenant’s property upon the payment 37
of the charges determined to be due or if no charges are determined 38
to be due. 39
9. The tenant may, upon payment of the appropriate fees 40
relating to the filing and service of a motion, file a motion with the 41
court on a form provided by the clerk of court to dispute the 42
reasonableness of the actions of a landlord pursuant to subsection 3 43
of NRS 118A.460. The motion must be filed within 5 days after the 44
tenant has vacated or been removed from the premises. Upon the 45
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filing of a motion pursuant to this subsection, the court shall 1
schedule a hearing on the motion. The hearing must be held within 5 2
days after the filing of the motion. The court shall affix the date of 3
the hearing to the motion and order a copy served upon the landlord 4
by the sheriff, constable or other process server. At the hearing, the 5
court may: 6
(a) Order the landlord to allow the retrieval of the tenant’s 7
essential personal effects at the date and time and for a period 8
necessary for the retrieval, as determined by the court; and 9
(b) Award damages in an amount not greater than $2,500. 10
10. In determining the amount of damages, if any, to be 11
awarded under paragraph (b) of subsection 9, the court shall 12
consider: 13
(a) Whether the landlord acted in good faith; 14
(b) The course of conduct between the landlord and the tenant; 15
and 16
(c) The degree of harm to the tenant caused by the landlord’s 17
conduct. 18
11. A landlord shall not refuse to accept rent from a tenant that 19
is submitted after the landlord or the landlord’s agent has served or 20
had served a notice pursuant to subsection 1 if the refusal is based 21
on the fact that the tenant has not paid collection fees, attorney’s 22
fees or other costs other than rent, a reasonable [charge] fee for late 23
[payments] payment of rent [or dishonored checks,] or a security 24
deposit. As used in this subsection, “security deposit” has the 25
meaning ascribed to it in [NRS 118A.240.] section 5 of this act. 26
12. Except as otherwise provided in NRS 118A.315, this 27
section does not apply to: 28
(a) The tenant of a mobile home lot in a mobile home park or to 29
the 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 32
NRS 40.215. 33
(b) A tenant who provides proof to the landlord that he or she is 34
a federal worker, tribal worker, state worker or household member 35
of such a worker during a shutdown. 36
13. As used in this section, “close of business” means the close 37
of business of the court that has jurisdiction over the matter. 38
Sec. 25. NRS 40.280 is hereby amended to read as follows: 39
40.280 1. Except as otherwise provided in NRS 40.253 and 40
40.2542, the notices required by NRS 40.251 to 40.260, inclusive, 41
must be served by the sheriff, a constable, a person who is licensed 42
as a process server pursuant to chapter 648 of NRS or the agent of 43
an attorney licensed to practice in this State: 44
(a) By delivering a copy to the tenant personally. 45
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(b) If the tenant is absent from the tenant’s place of residence or 1
from the tenant’s usual place of business, by leaving a copy with a 2
person of suitable age and discretion at either place and mailing a 3
copy to the tenant at the tenant’s place of residence or place of 4
business. 5
(c) If the place of residence or business cannot be ascertained, or 6
a person of suitable age or discretion cannot be found there, by 7
posting a copy in a conspicuous place on the leased property, 8
delivering a copy to a person there residing, if the person can be 9
found, and mailing a copy to the tenant at the place where the leased 10
property is situated. 11
2. The notices required by NRS 40.230, 40.240 and 40.414 12
must be served upon an unlawful or unauthorized occupant: 13
(a) Except as otherwise provided in this paragraph and 14
paragraph (b), by delivering a copy to the unlawful or unauthorized 15
occupant personally, in the presence of a witness. If service is 16
accomplished by the sheriff, constable or a person who is licensed 17
as a process server pursuant to chapter 648 of NRS, the presence of 18
a witness is not required. 19
(b) If the unlawful or unauthorized occupant is absent from the 20
real property, by leaving a copy with a person of suitable age and 21
discretion at the property and mailing a copy to the unlawful or 22
unauthorized occupant at the place where the property is situated. If 23
the occupant is unknown, the notice must be addressed to “Current 24
Occupant.” 25
(c) If a person of suitable age or discretion cannot be found at 26
the real property, by posting a copy in a conspicuous place on the 27
property and mailing a copy to the unlawful or unauthorized 28
occupant at the place where the property is situated. If the occupant 29
is unknown, the notice must be addressed to “Current Occupant.” 30
3. Service upon a subtenant may be made in the same manner 31
as provided in subsection 1. 32
4. Proof of service of any notice required by NRS 40.230 to 33
40.260, inclusive, must be filed with the court before: 34
(a) An order for removal of a tenant is issued pursuant to NRS 35
40.253 or 40.254; 36
(b) An order for removal of an unlawful or unauthorized 37
occupant is issued pursuant to NRS 40.414; 38
(c) A writ of restitution is issued pursuant to NRS 40.290 to 39
40.420, inclusive; or 40
(d) An order for removal of a commercial tenant pursuant to 41
NRS 40.2542. 42
5. Proof of service of notice pursuant to NRS 40.230 to 40.260, 43
inclusive, that must be filed before the court may issue an order or 44
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writ filed pursuant to paragraph (a), (b) or (c) of subsection 4 must 1
consist of: 2
(a) Except as otherwise provided in paragraph (b): 3
(1) If the notice was served pursuant to subsection 1, a 4
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. If the notice was served by the agent of an attorney 8
licensed in this State, the statement must be accompanied by a 9
declaration, signed by the attorney and bearing the license number 10
of the attorney, stating that the attorney: 11
(I) Was retained by the landlord in an action pursuant to 12
NRS 40.230 to 40.420, inclusive; 13
(II) Reviewed the date and manner of service by the 14
agent; and 15
(III) Believes to the best of his or her knowledge that such 16
service complies with the requirements of this section. 17
(2) If the notice was served pursuant to paragraph (a) of 18
subsection 2, an affidavit or declaration signed by the tenant or the 19
unlawful or unauthorized occupant, as applicable, and a witness, 20
signed under penalty of perjury by the server, acknowledging that 21
the tenant or occupant received the notice on a specified date. 22
(3) If the notice was served pursuant to paragraph (b) or (c) 23
of subsection 2, an affidavit or declaration signed under penalty of 24
perjury by the person who served the notice, stating the date and 25
manner of service and accompanied by a confirmation of delivery or 26
certificate of mailing issued by the United States Postal Service or 27
confirmation of actual delivery by a private postal service. 28
(b) For a short-term tenancy, if service of the notice was not 29
delivered in person: 30
(1) A certificate of mailing issued by the United States Postal 31
Service or by a private postal service to the landlord or the 32
landlord’s agent; or 33
(2) The endorsement of a sheriff or constable stating the: 34
(I) Time and date the request for service was made by the 35
landlord or the landlord’s agent; 36
(II) Time, date and manner of the service; and 37
(III) Fees paid for the service. 38
6. Proof of service of notice pursuant to NRS 40.230 to 40.260, 39
inclusive, that must be filed before the court may issue an order filed 40
pursuant to paragraph (d) of subsection 4 must consist of: 41
(a) Except as otherwise provided in paragraphs (b) and (c): 42
(1) If the notice was served pursuant to subsection 2 of NRS 43
40.2542, an affidavit or declaration signed by the tenant or the 44
unlawful or unauthorized occupant, and a witness, as applicable, 45
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signed under penalty of perjury by the server, acknowledging that 1
the tenant or occupant received the notice on a specified date. 2
(2) If the notice was served pursuant to paragraph (b) or (c) 3
of subsection 1, an affidavit or declaration signed under penalty of 4
perjury by the person who served the notice, stating the date and 5
manner of service and accompanied by a confirmation of delivery or 6
certificate of mailing issued by the United States Postal Service or 7
confirmation of actual delivery by a private postal service. 8
(b) If the notice was served by a sheriff, a constable or a person 9
who is licensed as a process server pursuant to chapter 648 of NRS, 10
a written statement, endorsed by the person who served the notice, 11
stating the date and manner of service. The statement must also 12
include the number of the badge or license of the person who served 13
the notice. 14
(c) For a short-term tenancy, if service of the notice was not 15
delivered in person: 16
(1) A certificate of mailing issued by the United States Postal 17
Service or by a private postal service to the landlord or the 18
landlord’s agent; or 19
(2) The endorsement of a sheriff or constable stating the: 20
(I) Time and date the request for service was made by the 21
landlord or the landlord’s agent; 22
(II) Time, date and manner of the service; and 23
(III) Fees paid for the service. 24
7. For the purpose of this section, an agent of an attorney 25
licensed in this State shall only serve notice pursuant to subsection 1 26
if: 27
(a) The landlord has retained the attorney in an action pursuant 28
to NRS 40.230 to 40.420, inclusive; [and] 29
(b) The agent is acting at the direction and under the direct 30
supervision of the attorney [.] ; and 31
(c) The agent is not employed as the property manager of any 32
premises in this State. 33
Sec. 26. NRS 73.012 is hereby amended to read as follows: 34
73.012 1. A corporation, partnership, business trust, estate, 35
trust, association or any other nongovernmental legal or commercial 36
entity may be represented by its director, officer or employee in an 37
action mentioned or covered by this chapter. 38
2. A landlord may be represented by his or her agent in an 39
action mentioned or covered by this chapter. 40
Sec. 26.5. 1. The amendatory provisions of this act do not 41
apply to the tenant of a dwelling that is a manufactured home or on 42
the premises of a manufactured home lot or a manufactured home 43
park. 44
2. As used in this section: 45
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(a) “Dwelling” has the meaning ascribed to it in 118A.080. 1
(b) “Manufactured home” has the meaning ascribed to it in 2
NRS 118B.015. 3
(c) “Manufactured home lot” has the meaning ascribed to it in 4
NRS 118B.016. 5
(d) “Manufactured home park” has the meaning ascribed to it in 6
NRS 118B.017. 7
(e) “Tenant” has the meaning ascribed to it in NRS 118A.170. 8
Sec. 27. Any rental agreement between a landlord and tenant 9
entered into before the effective date of this act is binding upon 10
the parties to the agreement and may be enforced on or after the 11
effective date of this act, regardless of whether any provision of the 12
rental agreement conflicts with the amendatory provisions of this 13
act. 14
Sec. 28. NRS 118A.240 is hereby repealed. 15
Sec. 29. This act becomes effective upon passage and 16
approval. 17
TEXT OF REPEALED SECTION
118A.240 “Security deposit” defined.
1. Any payment, deposit, fee or charge that is to be used for
any of the following purposes is a “security deposit” and is
governed by the provisions of this section and NRS 118A.242 and
118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear
caused by the tenant.
(c) Cleaning the dwelling unit.
2. “Security deposit” does not include:
(a) Any payment, deposit or fee to secure an option to purchase
the premises; or
(b) Any payment to a corporation qualified under the laws of
this State as a surety, guarantor or obligator for a premium paid to
secure a surety bond or a similar bond, guarantee or insurance
coverage for purposes of securing a tenant’s obligations to a
landlord as described in NRS 118A.242.
H