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--- version:As Introduced+++ version:(document, no version)@@ -1,1347 +1,49 @@- A.B. 283+760 Margrave Drive, Ste 200 • Reno, NV 89502 • Toll free 800-748-5526 • Office 775-829-5911 • Fax 775-829-5915 • NevadaRealtors.org+March 26, 2025-- *AB283*+Chair Miller and Assembly Judiciary Committee Members,-ASSEMBLY BILL NO. 283–ASSEMBLYMEMBER CARTER+Nevada REALTORS® are opposed to AB283 as drafted. We understand that the current summary eviction+process is not perfect, there are times where cases can be duplicated causing issues for the courts and+landlords. For example, under the current process when the landlord provides notice to the tenant and the+tenant is supposed to file an answer with the court, that answer could be filed under different tenant’s name+making it hard for the landlord to file a complaint into the correct case or end up with a complaint filed into+new and different case number. Those two cases continue independently unless the court identifies them+and consolidates the two cases into one. Because the existing law does not require a tenant to serve the+landlord with the answering affidavit, it is difficult for landlords to know if the tenant has filed an answer. It+also falsely elevates the number of eviction case filings as both the answer case and the complaint case are+counted as a new filing. However, the courts are diligent and will often reject the complaint if it is not filed+in the answer case. While we have heard complaints about the process, both landlords and tenants are+familiar with it, and it works. The process has been in place for nearly 40 years. Turning it on its head is+more likely to add to the confusion rather than it is to help in understanding the process.-FEBRUARY 25, 2025-____________+We fail to see how lengthening the process with more legal paperwork and significantly increasing the+burden on the courts and landlords with more document filings, requirements, and tracking of the process+would help a tenant or the process. A tenant who fails to heed the notices currently provided is no more+likely to heed the unfamiliar language of a summons.-Referred to Committee on Judiciary+Furthermore, this bill goes too far. If a tenant is violating a lease through a legal or safety issue, by+committing drug related offenses, operating an illegal business or subleasing a property so that a landlord+does not even know who is in the property, those issues are meant to be addressed in a timely manner. The+process proposed by AB 283 would increase the timeline for these types of violations from about 30 days to+55 days. Increasing the length of time for “summary” eviction to be processed increases the likelihood that a+landlord would be less willing to give a tenant an opportunity to get caught up if a monthly rental payment+is missed, because they know if not addressed, the longer process will leave them with months of+delinquency and no recourse to collect the delinquency without raising security deposits. Even in situations+where the landlord would have been willing to delay an eviction action to work with a tenant, this longer+process proposed in AB 283 leaves them better served to initiate the summary eviction process right away+and attempt to resolve the matter during the process. This could result in an increased number of eviction+filings that could be avoided with the current timelines in place.-SUMMARY—Revises provisions governing certain actions and-proceedings relating to real property. (BDR 3-819)--FISCAL NOTE: Effect on Local Government: No.- Effect on the State: No.--~--EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.--AN ACT relating to property; revising provisions relating to-summary evictions; and providing other matters properly-relating thereto.-Legislative Counsel’s Digest:- In general, existing law authorizes a landlord who seeks to recover possession 1-of a premises from a tenant to do so by filing an unlawful detainer action or an 2-action for summary eviction. (NRS 40.253, 40.254, 40.2542, 40.290 -40.420) 3-Existing law prescribes separate summary eviction procedures for the summary 4-eviction of: (1) certain tenants who are not tenants o f 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 prescribe d 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 h eld. 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, t o order the 21-removal of the tenant within a prescribed period. (NRS 40.253, 40.254, 40.2542) 22- Section 20 of this bill repeals the summary eviction procedures prescribed by 23-existing law for the summary eviction of: (1) certain tenants who are not tenants of 24-a commercial premises and who default in the payment of rent; and (2) certain 25-tenants who are guilty of unlawful detainer for reasons other than a default in the 26-payment of rent. Sections 2-6 of this bill reenact, reorganize and revise these 27-- – 2 –--- *AB283*-procedures. Section 2 establishes a new procedure for the summary eviction of 28-certain tenants who are not tenants of a commercial premises and who default in the 29-payment of rent. Section 6 establishes a new procedure for the summary eviction of 30-certain tenants who are guilty of unlawful detainer for reasons other than a default 31-in the payment of rent. 32- The new procedures for summary eviction set forth in sections 2 and 6 are 33-similar to the procedures repealed by section 20 except with regard to: (1) the 34-required contents of a written notice; (2) certain requirements relating to filings 35-made with the court; and (3) the period before the removal of a tenant. Instead of 36-requiring a tenant who contests a summary eviction to file an affidavit in court 37-before the landlord files a complaint, sections 2 and 6 require the landlord, upon 38-the expiration of certain notice provided to the tenant, to: (1) apply by affidavit of 39-complaint for the summary evict ion of the tenant; and (2) serve the tenant with a 40-file-stamped copy of the affidavit of complaint and a copy of the summons. 41-Sections 2 and 6 additionally require the landlord to file with the court proof of 42-service of the affidavit, summons and notice within a prescribed period. Sections 2 43-and 6 require the tenant to file an answer to the affidavit of complaint within 7 44-judicial days after the date of service. If a tenant files an answer within the 45-prescribed period, a hearing is held. If no such answer is filed, sections 2 and 6 46-authorize the court, without holding a hearing, to order the removal of the tenant 47-within a prescribed period under certain circumstances. Sections 7-18 of this bill 48-make conforming changes relating to the repeal, revision and reorganization of the 49-procedures for summary eviction. 50- Existing law requires a court that grants an action for summary eviction for a 51-default in the payment of rent during the COVI D-19 emergency to automatically 52-seal the eviction case court file. (NRS 40.2545) Section 9 removes requirements 53-relating to the COVID -19 emergency. Section 9 also requires a court to 54-automatically seal the eviction case court file for an action for summary eviction 55-brought pursuant to section 2 or 6 under certain circumstances. Section 19 of this 56-bill makes the amendatory provisions of sections 2-18 applicable to an action for 57-summary eviction which accrues on or after October 1, 2025. 58--THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. Chapter 40 of NRS is hereby amended by adding 1-thereto the provisions set forth as sections 2 to 6, inclusive, of this 2-act. 3- Sec. 2. 1. Except as otherwise provided in subsection 14, in 4-addition to the remedies provided in NRS 40.290 to 40.420, 5-inclusive, a landlord may pursue the summary eviction of a tenant 6-for a default in the payment of rent using the procedure for 7-summary eviction provided in this section. 8- 2. Before a landlord or landlord’s agent may file an affidavit 9-of complaint for the summary eviction of a tenant for a default in 10-the payment of rent, the landlord or the landlord’s agent must 11-serve upon the tenant a written notice which: 12- (a) Except as otherwise provided in subsection 12, requires the 13-tenant to pay the past due rent or surrender the premises before 14-- – 3 –--- *AB283*-the close of business on the seventh judicial day following the date 1-of service; and 2- (b) Informs the tenant that if the tenant fails to comply with 3-the requirements of paragraph (a), the landlord may apply by 4-affidavit of complaint for the summary eviction of the tenant. 5- 3. Upon noncompliance of a tenant with the notice served 6-pursuant to subsection 2, the landlord or the landlord’s agent may 7-apply by affidavit of complaint for summary eviction to the justice 8-court of the township in whic h 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 a ffidavit 34-of complaint for summary eviction is filed, serve upon the tenant a 35-file-stamped copy of the affidavit of complaint, with or without a 36-copy of the signed rental agreement, and a copy of the summons 37-which must advise the tenant that: 38- (1) Except a s otherwise provided in subsection 12, the 39-tenant must file a written answer to the affidavit of complaint for 40-summary eviction with the court that has jurisdiction over the 41-matter not later than 7 judicial days after service of the affidavit of 42-complaint for summary eviction; 43- (2) If the tenant does not file an answer within the period 44-described in subparagraph (1), the court may issue a summary 45-- – 4 –--- *AB283*-order for the removal of the tenant or providing for the 1-nonadmittance of the tenant; 2- (3) Pursuant to NRS 118A.390, the tenant may seek relief if 3-a landlord unlawfully removes the tenant from the premises or 4-excludes the tenant by blocking or attempting to block the tenant’s 5-entry upon the premises or willfully interrupts or causes or permits 6-the interruption of an essential item or service required by the 7-rental agreement or chapter 118A of NRS; and 8- (4) The tenant may request that the court stay the execution 9-of the summary order for the removal of the tenant or providing 10-for the nonadmittance of the tenant fo r a period not exceeding 10 11-days pursuant to subsection 2 of NRS 70.010, stating the reasons 12-why such a stay is warranted. 13- (b) Thirty calendar days after the date on which the affidavit 14-of complaint for summary eviction is filed, file with the court proof 15-of service of the affidavit and summons required by paragraph (a). 16- 6. Except as otherwise provided in subsection 12, upon being 17-served pursuant to subsection 5, the tenant shall, within 7 judicial 18-days after the da te of service, file a written answer with the court 19-that has jurisdiction over the matter. If no written answer is filed 20-within the period prescribed by this subsection and the landlord 21-otherwise complies with the requirements prescribed by this 22-section, the court may, without holding a heari ng but after 23-determining that a landlord has complied with the requirements 24-prescribed by this section and the tenant is guilty of an unlawful 25-detainer, issue a summary order which: 26- (a) Provides for the removal of the tenant or for the 27-nonadmittance of the tenant; and 28- (b) Directs the sheriff or constable of the county to perform the 29-actions required by section 3 of this act. 30- 7. If a tenant files a written answer pursuant to subsection 6, 31-the court shall hold a hearing to determine the truthfulness and 32-sufficiency of the affidavit of complaint for summary eviction. 33- 8. If, after a hearing held pursuant to subsection 7, the court 34-determines that: 35- (a) There is no legal defense as to the alleged unlawful 36-detainer and the tenant is guilty of an unlawful det ainer, the court 37-may issue a summary order for the removal of the tenant or 38-providing for the nonadmittance of the tenant. 39- (b) There is a legal defense as to the alleged unlawful detainer, 40-the court shall take no further action and any further proceeding s 41-must be conducted pursuant to NRS 40.290 to 40.420, inclusive. 42- 9. The court shall dismiss an action for summary eviction if 43-the landlord does not comply with the requirements prescribed by 44-paragraph (b) of subsection 5. 45-- – 5 –--- *AB283*- 10. Written notices to the tenant prescribed by this section, 1-including, without limitation, the affidavit of complaint and 2-summons, must be served in the manner provided by NRS 40.280. 3- 11. Proof of service of any notice required by this section 4-must b e filed with the court before a summary order for the 5-removal of the tenant or providing for the nonadmittance of the 6-tenant is issued pursuant to subsection 6 or 8, as applicable. 7- 12. For the purposes of this section, if the date on which: 8- (a) An affidavit of complaint for summary eviction or a written 9-answer to such an affidavit must be filed falls on a nonjudicial 10-day, the filing is timely if performed on the next judicial day. 11- (b) A tenant must pay any past due rent or surrender the 12-premises falls on a Saturday, Sunday or legal holiday, the tenant 13-must pay the past due rent or surrender the premises before the 14-close of business on the next day the business office of the 15-landlord is open. 16- 13. A landlord shall not refuse to accept rent from a tenant 17-that is submitted after the landlord or the landlord’s agent has 18-served a notice pursuant to subsection 2 if the refusal is based on 19-the fact that the tenant has not paid collection fees, attorney’s fees 20-or other costs other than rent, a reasonable charge for late 21-payments of rent or dishonored checks, or a security deposit. 22- 14. Except as otherwise provided in NRS 118A.315, this 23-section does not apply to: 24- (a) A tenant of a commercial premises; 25- (b) A tenant of a mobile home lot in a mobile home park or a 26-tenant of a recreational vehicle lot in an area of a mobile home 27-park in this State, other than an area designated as a recreational 28-vehicle lot pursuant to the provisions of subsection 8 of NRS 29-40.215; or 30- (c) A tenant who provides proof to the landl ord that he or she 31-is a federal worker, tribal worker, state worker or household 32-member of such a worker during a shutdown. 33- 15. As used in this section, “security deposit” has the 34-meaning ascribed to it in NRS 118A.240. 35- Sec. 3. Upon receipt of a summary order for the removal of 36-the tenant or providing for the nonadmittance of the tenant issued 37-pursuant to subsection 6 of section 2 of this act, the sheriff or 38-constable shall: 39- 1. Post the order in a conspicuous place on th e premises not 40-later than 24 hours after the order is received by the sheriff or 41-constable. 42- 2. As soon as reasonably practicable, but not earlier than 24 43-hours after the posting of the order, remove the tenant. 44-- – 6 –--- *AB283*- Sec. 4. 1. A tenant against whom a court issues a summary 1-order for removal pursuant to section 2 of this act may, upon 2-payment of the appropriate fees relating to the filing and service of 3-a motion, file a motion to dispute the amount of the costs, if any, 4-claimed by the landlord pursuant to NRS 118A.460. 5- 2. A motion filed pursuant to subsection 1 must be made on a 6-form prescribed by the clerk of the court and filed within 20 days 7-after the later of: 8- (a) The date on which the summary order for removal or 9-providing for nonadmittance was issued. 10- (b) The date on which the tenant vacated or was removed from 11-the premises. 12- (c) The date on which a copy of the costs claimed by the 13-landlord was requested by or provided to the tenant. 14- 3. Upon the filing of a motion pursuant to subsection 1, the 15-court shall schedule a hearing on the motion. The hearing must be 16-held within 10 days after the filing of the motion. The court shall 17-affix the date of the hearing to the motion and order a copy served 18-upon the landlord by the sheriff, constable or other process server 19-licensed pursuant to chapter 648 of NRS. At the hearing, the court 20-may: 21- (a) Determine the costs, if any, claimed by the landlord 22-pursuant to NRS 118A.460 and any accumulating daily costs; and 23- (b) Order the rele ase of the tenant’s property upon the 24-payment of the charges determined to be due or if no charges are 25-determined to be due. 26- Sec. 5. 1. A tenant against whom a court issues a summary 27-order for removal pursuant to section 2 of this act may, upon 28-payment of the appropriate fees relating to the filing and service of 29-a motion, file a motion to dispute the reasonableness of any action 30-taken by the landlord pursuant to subsection 3 of NRS 118A.460. 31- 2. A motion filed pursuant to subsection 1 must be made on a 32-form prescribed by the clerk of the court and filed within 5 days 33-after the date on which the tenant vacated or was removed from 34-the premises. 35- 3. Upon the filing of a motion pursuant to subsection 1, the 36-court shall schedule a hearing on the motion. The hearing must be 37-held within 5 days after the filing of the motion. The court shall 38-affix the date of the hearing to the motion and order a copy served 39-upon the landlord by the sheriff, constable or other process server. 40-At the hearing, the court may: 41- (a) Order the landlord to allow the tenant to retrieve his or her 42-essential personal effects at the date and time and for a period 43-necessary for the retrieval, as determined by the court; and 44- (b) Award damages in an amount not greater than $2,500. 45-- – 7 –--- *AB283*- 4. In determining the amount of damages, if any, to be 1-awarded under paragraph (b) of subsection 3, the court shall 2-consider: 3- (a) Whether the landlord acted in good faith; 4- (b) The course of conduct between the landlord and the 5-tenant; and 6- (c) The degree of harm to the tenant caused by the landlord’s 7-conduct. 8- Sec. 6. 1. Except as otherwise provided in subsection 15, in 9-addition to the remedies provided in NRS 40.290 to 40.420, 10-inclusive, a landlord may pursue the summary eviction of a tenant 11-for an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 12-or 40.2516 using the procedure for summary eviction provided in 13-this section. 14- 2. Before a landlord or landlord’s agent may file an affidavit 15-of complaint for the summary eviction of a tenant for an unlawful 16-detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the 17-landlord or the landlord’s agent must serve upon the tenant: 18- (a) The written notice to surrender required by NRS 40.251, 19-40.2514 or 40.2516, as applicable; and 20- (b) A written notice which informs the tenant that if the tenant 21-fails to comply with the requirements of the written notice to 22-surrender, the landlord may apply by affidavit of complaint for the 23-summary eviction of the tenant. 24- 3. Upon noncompliance of a tenant with the written notice 25-required by paragraph (a) of subsection 2, the landlord or the 26-landlord’s agent may apply by affidavit of complaint for summary 27-eviction to the justice court of the township in which th e dwelling, 28-apartment, mobile home or recreational vehicle is located. After 29-the filing of an affidavit of complaint for summary eviction, a 30-summons must be issued. 31- 4. An affidavit of complaint for summary eviction filed 32-pursuant to subsection 3 must: 33- (a) Except as otherwise provided in subsection 12, be filed with 34-the court not later than 30 calendar days after the expiration of 35-the period described in the written notice to surrender required by 36-paragraph (a) of subsection 2; and 37- (b) State or contain: 38- (1) The date the tenancy commenced; 39- (2) The date when the tenancy or rental agreement 40-allegedly terminated; 41- (3) A copy of the written notice served on the tenant 42-pursuant to subsection 2; 43- (4) Any facts supporting the written notice; 44- (5) A copy of the signed written rental agreement, if any; 45-- – 8 –--- *AB283*- (6) A statement that the written notice was served on the 1-tenant in accordance with NRS 40.280; and 2- (7) A copy of the notice of change of ownership served on 3-the tenant pursuant to NRS 40.255, if the prope rty has been 4-purchased in a residential foreclosure. 5- 5. A landlord or landlord’s agent who applies for summary 6-eviction pursuant to subsection 3 shall, within: 7- (a) Fifteen calendar days after the date on which the affidavit 8-of complaint for summary eviction is filed, serve upon the tenant a 9-file-stamped copy of the affidavit of complaint, with or without a 10-copy of the signed rental agreement and a copy of the summons 11-which must advise the tenant that: 12- (1) Except as otherwise provided in subsection 12, the 13-tenant must file a written answer to the affidavit of complaint for 14-summary eviction with the court that has jurisdiction over the 15-matter not later than 7 judicial days after service of the affidavit of 16-complaint for summary eviction; 17- (2) If the tenant does not file an answer within the period 18-described in subparagraph (1), the court may issue a summary 19-order for the removal of the tenant or providing for the 20-nonadmittance of the tenant; 21- (3) Pursuant to NRS 118A.390, the tenant may seek relief if 22-a landlord unlawfully removes the tenant from the premises or 23-excludes the tenant by blocking or attempting to block the tenant’s 24-entry upon the premises or willfully interrupts or causes or permits 25-the interruption of an essential item or service requi red by the 26-rental agreement or chapter 118A of NRS; and 27- (4) The tenant may request that the court stay the execution 28-of the summary order for the removal of the tenant or providing 29-for the nonadmittance of the tenant for a period not exceeding 10 30-days pursuant to subsection 2 of NRS 70.010, stating the reasons 31-why such a stay is warranted. 32- (b) Thirty calendar days after the date on which the affidavit 33-of complaint for summary eviction is filed, file with the court proof 34-of service of the affidavit and summons required by paragraph (a). 35- 6. Except as otherwise provided in subsection 12, upon being 36-served pursuant to subsection 5, the tenant shall, within 7 judicial 37-days after the da te of service, file a written answer with the court 38-that has jurisdiction over the matter. If no written answer is filed 39-within the period prescribed by this subsection and the landlord 40-otherwise complies with the requirements prescribed by this 41-section, the court may, without holding a hearing but after 42-determining that a land lord has complied with the requirements 43-prescribed by this section and the tenant is guilty of an unlawful 44-detainer, issue a summary order which: 45-- – 9 –--- *AB283*- (a) Provides for the removal of the tenant or for the 1-nonadmittance of the tenant; and 2- (b) Directs the sheriff or constable of the county to perform the 3-actions required by section 3 of this act. 4- 7. If a tenant files a written answer pursuant to subsection 6, 5-the court shall hold a hearing to determine the truthfulness and 6-sufficiency of the affidavit of complaint for summary eviction. 7- 8. If, after a hearing held pursuant to subsection 7, the court 8-determines that: 9- (a) There is no legal defense as to the alleged unlawful 10-detainer and the tenant is guilty of an unlawful detainer, the court 11-may issue a su mmary order for the removal of the tenant or 12-providing for the nonadmittance of the tenant. 13- (b) There is a legal defense as to the alleged unlawful detainer, 14-the court shall take no further action and any further proceedings 15-be conducted pursuant to NRS 40.290 to 40.420, inclusive. 16- 9. The court shall dismiss an action for summary eviction if 17-the landlord does not comply with the requirements prescribed by 18-paragraph (b) of subsection 5. 19- 10. Written notices to the tenant prescribed by this section, 20-including, without limitation, the affidavit of complaint and 21-summons, must be served in the manner provided by NRS 40.280. 22- 11. Proof of service of any notice required by this section 23-must be filed with the court before a summary order for the 24-removal of th e tenant or providing for the nonadmittance of the 25-tenant is issued pursuant to subsection 6 or 8, as applicable. 26- 12. For the purposes of this section, if the date on which an 27-affidavit of complaint for summary eviction or a written answer to 28-such an affidavit must be filed falls on a nonjudicial day, the filing 29-is timely if performed on the next judicial day. 30- 13. A landlord shall not refuse to accept rent from a tenant 31-that is submitted after the landlord or the landlord’s agent has 32-served a notice pur suant to subsection 2 if the refusal is based on 33-the fact that the tenant has not paid collection fees, attorney’s fees 34-or other costs other than rent, a reasonable charge for late 35-payments of rent or dishonored checks, or a security deposit. 36- 14. If the tenant is found guilty of unlawful detainer as a 37-result of the tenant’s violation of any of the provisions of NRS 38-453.011 to 453.552, inclusive, except NRS 453.336, the landlord is 39-entitled to be awarded any reasonable attorney’s fees incurred by 40-the land lord or the landlord’s agent as a result of a hearing, if 41-any, held pursuant to subsection 7 wherein the tenant contested 42-the eviction. 43- 15. Except as otherwise provided in NRS 118A.315, this 44-section does not apply to: 45-- – 10 –--- *AB283*- (a) A tenant of a commercial premises; 1- (b) A tenant of a mobile home lot in a mobile home park or a 2-tenant of a recreational vehicle lot in an area of a mobile home 3-park in this State, other than an area designated as a recreational 4-vehicle lot pursuant to the provisions of subsection 8 of NRS 5-40.215; or 6- (c) A tenant who provides proof to the landlord that he or she 7-is a federal worker, tribal worker, state worker or household 8-member of such a worker during a shutdown. 9- 16. As used in this section, “security deposit” has the 10-meaning ascribed to it in NRS 118A.240. 11- Sec. 7. NRS 40.2516 is hereby amended to read as follows: 12- 40.2516 1. A tenant of real property, a dwelling unit, a 13-recreational vehicle or a mobile home other than a mobile home lot 14-or a recreational vehicle lot for a term less than life is guilty of an 15-unlawful detainer when the tenant continues in possession, in person 16-or by subtenant, after a neglect or failure to perform any condition 17-or covenant of the lease or agreement under which the real property, 18-dwelling unit, recreational vehicle or mobile home is held, other 19-than those mentioned in NRS 40.250 to [40.254,] 40.252, inclusive, 20-and sections 2 to 6, inclusive, of this act, and after notice in writing, 21-requiring in the alternative the performance of the condition or 22-covenant or the surrender of the real property, dwelling unit, 23-recreational vehicle or mobile home, serv ed upon the tenant, and, if 24-there is a subtenant in actual occupation of the premises or property, 25-also upon the subtenant, remains uncomplied with for 5 days after 26-the service thereof. Within 5 days after the service, the tenant, or 27-any subtenant in actua l occupation of the premises or property, or 28-any mortgagee of the term, or other person, interested in its 29-continuance, may perform the condition or covenant and thereby 30-save the lease from forfeiture; but if the covenants and conditions of 31-the lease, viol ated by the lessee, cannot afterwards be performed, 32-then no notice need be given. 33- 2. If a tenant is guilty of an unlawful detainer pursuant to this 34-section, the landlord may seek to recover possession of the real 35-property, dwelling unit, recreational veh icle or mobile home 36-pursuant to the provisions of NRS [40.254 or ] 40.290 to 40.420, 37-inclusive [.] , or section 6 of this act. 38- Sec. 8. NRS 40.252 is hereby amended to read as follows: 39- 40.252 For the purposes of NRS 40.250 to 40.252, inclusive, 40-and [NRS 40.254:] sections 2 to 6, inclusive, of this act: 41- 1. It is unlawful for a landlord to attempt by contract or other 42-agreement to shorten the specified periods of notice and any such 43-contract or agreement is void. 44-- – 11 –--- *AB283*- 2. Notice to surrender the premises which was given by one 1-colessor of real property or a mobile home is valid unless it is 2-affirmatively shown that one or more of the other colessors did not 3-authorize the giving of the notice. 4- Sec. 9. NRS 40.2545 is hereby amended to read as follows: 5- 40.2545 1. [If a court grants an action for summary eviction 6-pursuant to NRS 40.253 during the COVID-19 emergency, the court 7-shall automatically seal the eviction case court file. 8- 2. In addition to the provisions for the automatic sealing of an 9-eviction case court file pursuant to subsection 1, in ] In any action 10-for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542 11-[,] or section 2 or 6 of this act, the eviction case court file is sealed 12-automatically and not open to inspection: 13- (a) Upon the entry of a court order which dismisses the action 14-for summary eviction; 15- (b) Ten judicial days after the entry of a court order which 16-denies the action for summary eviction; or 17- (c) Thirty-one days after the tenant has filed an affidavit 18-described in [subsection 3 of NRS 40.253 or ] subsection 3 of NRS 19-40.2542 . [, if the landlord has failed to file an affidavit of complaint 20-pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 21-40.2542 within 30 days after the tenant filed the affidavit. 22- 3.] 2. In addition to the provisions for the automatic sealing of 23-an eviction case court file pursuant to [subsections] subsection 1 , 24-[and 2,] the court may order the sealing of an eviction case court file 25-for an action for summary eviction pursuant to NRS [40.253, 40.254 26-or] 40.2542 [:] or section 2 or 6 of this act: 27- (a) Upon the filing of a written stipulation by the landlord and 28-the tenant to set aside the order of eviction and seal the eviction case 29-court file; or 30- (b) Upon motion of the tenant and decision by the court if the 31-court finds that: 32- (1) The eviction should be set aside pursuant to Rule 60 of 33-the Justice Court Rules of Civil Procedure; or 34- (2) Sealing the eviction case co urt file is in the interests of 35-justice and those interests are not outweighed by the public’s 36-interest in knowing about the contents of the eviction case court file, 37-after considering, without limitation, the following factors: 38- (I) Circumstances beyond the control of the tenant that 39-led to the eviction; 40- (II) Other extenuating circumstances under which the 41-order of eviction was granted; and 42- (III) The amount of time that has elapsed between the 43-granting of the order of eviction and the filing of the motion to seal 44-the eviction case court file. 45-- – 12 –--- *AB283*- [4.] 3. If the court orders the eviction case court file sealed 1-pursuant to this section, all proceedings recounted in the eviction 2-case court file shall be deemed never to have occurred. 3- [5.] 4. Except as otherwise provided in this subsection, a notice 4-to surrender must not be made available for public inspection by any 5-person or governmental entity, including, without limitation, by a 6-sheriff or constable. This subsection does not: 7- (a) Apply to a notice t o surrender which has been filed with a 8-court and which is part of an eviction case court file that has not 9-been sealed pursuant to this section. 10- (b) Prohibit the service of a notice to surrender pursuant to NRS 11-40.280, and such service of a notice to sur render shall be deemed 12-not to constitute making the notice to surrender available for public 13-inspection as described in this subsection. 14- [6.] 5. As used in this section [: 15- (a) “COVID-19 emergency” means the period of time: 16- (1) Beginning on March 12, 2020, the date on which the 17-Governor issued the Declaration of Emergency for COVID-19; and 18- (2) Ending on the date on which the Governor terminates the 19-emergency described in the Declaration May 20, 2022. 20- (b) “Eviction] , “eviction case court file” means all records 21-relating to an action for summary eviction which are maintained by 22-the court, including, without limitation, the affidavit of complaint 23-and any other pleadings, proof of service, findings of the court, any 24-order made on motion as provided in N evada Rules of Civil 25-Procedure, Justice Court Rules of Civil Procedure and local rules of 26-practice and all other papers, records, proceedings and evidence, 27-including exhibits and transcript of the testimony. 28- Sec. 10. NRS 40.255 is hereby amended to read as follows: 29- 40.255 1. Except as otherwise provided in subsections 2 and 30-7, in any of the following cases, a person who holds over and 31-continues in possession of real property or a mobile home after a 3 -32-day written notice to surrender has been served upon the person may 33-be removed as prescribed in NRS 40.290 to 40.420, inclusive: 34- (a) Where the property or mobile home has been sold under an 35-execution against the person, or against another person under whom 36-the person claims, and the title under the sale has been perfected; 37- (b) Where the property or mobile home has been sold upon the 38-foreclosure of a mortgage, or under an express power of sale 39-contained therein, executed by the person, or by another person 40-under whom the person claims, and the title under the sale has been 41-perfected; 42- (c) Where the property or mobile home has been sold under a 43-power of sale granted by NRS 107.080 to the trustee of a deed of 44-- – 13 –--- *AB283*-trust executed by the person, or by another person under whom the 1-person claims, and the title under such sale has been perfected; or 2- (d) Where the property or mobile home has been sold by the 3-person, or by another person under whom the person claims, and the 4-title under the sale has been perfected. 5- 2. If the property has been sold as a residential foreclosure, a 6-tenant or subtenant in actual occupation of the premises, other than a 7-person whose name appears on the mortgage or deed, who holds 8-over and continues in possession of real property or a mobile home 9-in any of the cases described in paragraph (b) or (c) of subsection 1 10-may be removed as prescribed in NRS 40.290 to 40.420, inclusive, 11-after receiving a notice of the change of ownership of the real 12-property or mobile home and after the expiration of a notice period 13-beginning on the date the notice was received by the tenant or 14-subtenant and expiring: 15- (a) For all periodic tenancies with a period of less than 1 month, 16-after not less than the number of days in the period; and 17- (b) For all other periodic tenancies or t enancies at will, after not 18-less than 60 days. 19- 3. During the notice period described in subsection 2: 20- (a) The new owner has the rights, obligations and liabilities of 21-the previous owner or landlord pursuant to chapter 118A of NRS 22-under the lease or rental agreement which the previous owner or 23-landlord entered into with the tenant or subtenant regarding the 24-property; and 25- (b) The tenant or subtenant continues to have the rights, 26-obligations and liabilities that the tenant or subtenant had pursuant 27-to chapter 118A of NRS under the lease or rental agreement which 28-the tenant or subtenant entered into with the previous owner or 29-landlord regarding the property. 30- 4. The notice described in subsection 2 must contain a 31-statement: 32- (a) Providing the contact information of the new owner to whom 33-rent should be remitted; 34- (b) Notifying the tenant or subtenant that the lease or rental 35-agreement the tenant or subtenant entered into with the previous 36-owner or landlord of the property continues in effect through the 37-notice period described in subsection 2; and 38- (c) Notifying the tenant or subtenant that failure to pay rent to 39-the new owner or comply with any other term of the agreement or 40-applicable law constitutes a breach of the lease or rental agreement 41-and may resu lt in eviction proceedings, including, without 42-limitation, proceedings conducted pursuant to [NRS 40.253 and 43-40.254.] sections 2 and 6 of this act. 44-- – 14 –--- *AB283*- 5. If the property has been sold as a residential foreclosure in 1-any of the cases described in paragraph (b) or (c) of subsection 1, no 2-person may enter a record of eviction for a tenant or subtenant who 3-vacates a property during the notice period described in 4-subsection 2. 5- 6. If the property has been sold as a residential foreclosure in 6-any of the cases de scribed in paragraph (b) or (c) of subsection 1, 7-nothing in this section shall be deemed to prohibit: 8- (a) The tenant from vacating the property at any time before the 9-expiration of the notice period described in subsection 2 without any 10-obligation to the new owner of a property purchased pursuant to a 11-foreclosure sale or trustee’s sale; or 12- (b) The new owner of a property purchased pursuant to a 13-foreclosure sale or trustee’s sale from: 14- (1) Negotiating a new purchase, lease or rental agreement 15-with the tenant or subtenant; or 16- (2) Offering a payment to the tenant or subtenant in 17-exchange for vacating the premises on a date earlier than the 18-expiration of the notice period described in subsection 2. 19- 7. This section does not apply to the tenant of a mobile home 20-lot in a mobile home park. 21- 8. As used in this section, “residential foreclosure” means the 22-sale of a single family residence pursuant to NRS 40.430 or under a 23-power of sale granted by NRS 107.080. As used in this subsection, 24-“single family residence” means a structure that is comprised of not 25-more than four units. 26- Sec. 11. NRS 40.280 is hereby amended to read as follows: 27- 40.280 1. Except as otherwise provided in NRS [40.253 and] 28-40.2542, the notices required by NR S 40.251 to 40.260, inclusive, 29-and sections 2 to 6, inclusive, of this act must be served by the 30-sheriff, a constable, a person who is licensed as a process server 31-pursuant to chapter 648 of NRS or the agent of an attorney licensed 32-to practice in this State: 33- (a) By delivering a copy to the tenant personally. 34- (b) If the tenant is absent from the tenant’s place of residence or 35-from the tenant’s usual place of business, by leaving a copy with a 36-person of suitable age and discretion at either place and mailin g a 37-copy to the tenant at the tenant’s place of residence or place of 38-business. 39- (c) If the place of residence or business cannot be ascertained, or 40-a person of suitable age or discretion cannot be found there, by 41-posting a copy in a conspicuous place on t he leased property, 42-delivering a copy to a person there residing, if the person can be 43-found, and mailing a copy to the tenant at the place where the leased 44-property is situated. 45-- – 15 –--- *AB283*- 2. The notices required by NRS 40.230, 40.240 and 40.414 1-must be served upon an unlawful or unauthorized occupant: 2- (a) Except as otherwise provided in this paragraph and 3-paragraph (b), by delivering a copy to the unlawful or unauthorized 4-occupant personally, in the presence of a witness. If service is 5-accomplished by the sheriff , constable or a person who is licensed 6-as a process server pursuant to chapter 648 of NRS, the presence of 7-a witness is not required. 8- (b) If the unlawful or unauthorized occupant is absent from the 9-real property, by leaving a copy with a person of suitab le age and 10-discretion at the property and mailing a copy to the unlawful or 11-unauthorized occupant at the place where the property is situated. If 12-the occupant is unknown, the notice must be addressed to “Current 13-Occupant.” 14- (c) If a person of suitable age or discretion cannot be found at 15-the real property, by posting a copy in a conspicuous place on the 16-property and mailing a copy to the unlawful or unauthorized 17-occupant at the place where the property is situated. If the occupant 18-is unknown, the notice must be addressed to “Current Occupant.” 19- 3. Service upon a subtenant may be made in the same manner 20-as provided in subsection 1. 21- 4. Proof of service of any notice required by NRS 40.230 to 22-40.260, inclusive, and sections 2 to 6, inclusive, of this act must be 23-filed with the court before: 24- (a) An order for removal of a tenant is issued pursuant to [NRS 25-40.253 or 40.254;] section 2 or 6 of this act; 26- (b) An order for removal of an unlawful or unauthorized 27-occupant is issued pursuant to NRS 40.414; 28- (c) A writ of restitution is issued pursuant to NRS 40.290 to 29-40.420, inclusive; or 30- (d) An order for removal of a commercial tenant pursuant to 31-NRS 40.2542. 32- 5. Proof of service of notice pursuant to NRS 40.230 to 40.260, 33-inclusive, and sections 2 to 6, inclusive, of this act that must be 34-filed before the court may issue an order or writ filed pursuant to 35-paragraph (a), (b) or (c) of subsection 4 must consist of: 36- (a) [Except as otherwise provided in paragraph (b): 37- (1)] If the noti ce was served pursuant to subsection 1, a 38-written statement, endorsed by the person who served the notice, 39-stating the date and manner of service. The statement must also 40-include the number of the badge or license of the person who served 41-the notice. If th e notice was served by the agent of an attorney 42-licensed in this State, the statement must be accompanied by a 43-declaration, signed by the attorney and bearing the license number 44-of the attorney, stating that the attorney: 45-- – 16 –--- *AB283*- [(I)] (1) Was retained by the l andlord in an action 1-pursuant to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 2-6, inclusive, of this act; 3- [(II)] (2) Reviewed the date and manner of service by the 4-agent; and 5- [(III)] (3) Believes to the best of his or her knowledge that 6-such service complies with the requirements of this section. 7- [(2)] (b) If the notice was served pursuant to paragraph (a) of 8-subsection 2, an affidavit or declaration signed by the tenant or the 9-unlawful or unauthorized occupant, as applicable, and a wit ness, 10-signed under penalty of perjury by the server, acknowledging that 11-the tenant or occupant received the notice on a specified date. 12- [(3)] (c) If the notice was served pursuant to paragraph (b) or 13-(c) of subsection 2, an affidavit or declaration signe d under penalty 14-of perjury by the person who served the notice, stating the date and 15-manner of service and accompanied by a confirmation of delivery or 16-certificate of mailing issued by the United States Postal Service or 17-confirmation of actual delivery by a private postal service. 18- [(b) For a short -term tenancy, if service of the notice was not 19-delivered in person: 20- (1) A certificate of mailing issued by the United States Postal 21-Service or by a private postal service to the landlord or the 22-landlord’s agent; or 23- (2) The endorsement of a sheriff or constable stating the: 24- (I) Time and date the request for service was made by the 25-landlord or the landlord’s agent; 26- (II) Time, date and manner of the service; and 27- (III) Fees paid for the service.] 28- 6. Proof of service of notice pursuant to NRS 40.230 to 40.260, 29-inclusive, and sections 2 to 6, inclusive, of this act that must be 30-filed before the court may issue an order filed pursuant to paragraph 31-(d) of subsection 4 must consist of: 32- (a) Except as otherwise provided in paragraphs (b) and (c): 33- (1) If the notice was served pursuant to subsection 2 of NRS 34-40.2542, an affidavit or declaration signed by the tenant or the 35-unlawful or unauthorized occupant, and a witness, as applicable, 36-signed under penalty of p erjury by the server, acknowledging that 37-the tenant or occupant received the notice on a specified date. 38- (2) If the notice was served pursuant to paragraph (b) or (c) 39-of subsection 1, an affidavit or declaration signed under penalty of 40-perjury by the per son who served the notice, stating the date and 41-manner of service and accompanied by a confirmation of delivery or 42-certificate of mailing issued by the United States Postal Service or 43-confirmation of actual delivery by a private postal service. 44-- – 17 –--- *AB283*- (b) If the notice was served by a sheriff, a constable or a person 1-who is licensed as a process server pursuant to chapter 648 of NRS, 2-a written statement, endorsed by the person who served the notice, 3-stating the date and manner of service. The statement must also 4-include the number of the badge or license of the person who served 5-the notice. 6- (c) For a short -term tenancy, if service of the notice was not 7-delivered in person: 8- (1) A certificate of mailing issued by the United States Postal 9-Service or by a private p ostal service to the landlord or the 10-landlord’s agent; or 11- (2) The endorsement of a sheriff or constable stating the: 12- (I) Time and date the request for service was made by the 13-landlord or the landlord’s agent; 14- (II) Time, date and manner of the service; and 15- (III) Fees paid for the service. 16- 7. For the purpose of this section, an agent of an attorney 17-licensed in this State shall only serve notice pursuant to subsection 1 18-if: 19- (a) The landlord has retained the attorney in an action pursuant 20-to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 6, 21-inclusive, of this act; and 22- (b) The agent is acting at the direction and under the direct 23-supervision of the attorney. 24- Sec. 12. NRS 40.385 is hereby amended to read as follows: 25- 40.385 1. Either party may appeal an order entered pursuant 26-to NRS [40.253, 40.254 or] 40.2542 or section 2 or 6 of this act by 27-filing a notice of appeal within 10 judicial days after the date of 28-entry of the order. 29- 2. Except as other wise provided in this section, a stay of 30-execution may be obtained by filing with the trial court a bond in the 31-amount of $250 to cover the expected costs on appeal. A surety 32-upon the bond submits to the jurisdiction of the appellate court and 33-irrevocably appoints the clerk of that court as the surety’s agent 34-upon whom papers affecting the surety’s liability upon the bond 35-may be served. Liability of a surety may be enforced, or the bond 36-may be released, on motion in the appellate court without 37-independent action. A tenant of commercial property may obtain a 38-stay of execution only upon the issuance of a stay pursuant to Rule 8 39-of the Nevada Rules of Appellate Procedure and the posting of a 40-supersedeas bond in the amount of 100 percent of any unpaid rent 41-claim of the landlord. 42- 3. A tenant who retains possession of the premises that are the 43-subject of the appeal during the pendency of the appeal shall pay to 44-the landlord rent in the amount provided in the underlying contract 45-- – 18 –--- *AB283*-between the tenant and the landlord as it becomes due. If the tenant 1-fails to pay such rent, the landlord may initiate new proceedings for 2-a summary eviction by serving the tenant with a new notice pursuant 3-to NRS [40.253, 40.254 or] 40.2542 [.] or section 2 or 6 of this act. 4- Sec. 13. NRS 118.205 is hereby amended to read as follows: 5- 118.205 A notice provided by a landlord to a tenant pursuant to 6-NRS 118.195: 7- 1. Must advise the tenant of the provisions of that section and 8-specify: 9- (a) The address or other location of the property; 10- (b) The date upon which the property will be deemed abandoned 11-and the rental agreement terminated; and 12- (c) An address for payment of the rent due and delivery of 13-notice to the landlord. 14- 2. Must be served pursuant to subsection 1 of NRS 40.280. 15- 3. May be included in the notice required by subsection [1] 2 16-of [NRS 40.253 ] section 2 of this act or subsection 1 of NRS 17-40.2542, as applicable. 18- Sec. 14. NRS 118A.349 is hereby amended to read as follows: 19- 118A.349 1. If the property in which the premises are located 20-has been voluntarily transferred or sold, absent an agreement 21-between the new owner and the tenant to modify or terminate an 22-existing rental agreement: 23- (a) The new owner has the rights, obligations and liabilities of 24-the previous owner or landlord pursuant to this chapter under the 25-rental agreement which the previous owner or landlord entered into 26-with the tenant or subtenant regarding the premises; 27- (b) The tenant or subtena nt continues to have the rights, 28-obligations and liabilities that the tenant or subtenant had pursuant 29-to this chapter under the rental agreement which the tenant or 30-subtenant entered into with the previous owner or landlord regarding 31-the premises; and 32- (c) Upon termination of the previous owner’s interest in the 33-premises by a voluntary transfer or sale, the previous owner shall 34-transfer the security deposit in the manner set forth in paragraph (a) 35-of subsection 1 of NRS 118A.244. The successor has the rig hts, 36-obligations and liabilities of the former landlord as to any security 37-deposit which is owed under NRS 118A.242 at the time of transfer. 38- 2. The new owner pursuant to subsection 1 must provide a 39-notice to the tenant or subtenant within 30 days after the date of the 40-transfer or sale: 41- (a) Providing the contact information of the new owner to whom 42-rent should be remitted; 43- (b) Notifying the tenant or subtenant that the rental agreement 44-the tenant or subtenant entered into with the previous owner or 45-- – 19 –--- *AB283*-landlord of the premises continues in effect through the period of the 1-tenancy and stating the amount held by the new owner for the 2-security deposit; and 3- (c) Notifying the tenant or subtenant that failure to pay rent to 4-the new owner or comply with any other term of the rental 5-agreement or applicable law constitutes a breach of the rental 6-agreement and may result in eviction proceedings, including, 7-without limitation, proceedings conducted pursuant to [NRS 40.253 8-and 40.254.] sections 2 and 6 of this act. 9- Sec. 15. NRS 118A.460 is hereby amended to read as follows: 10- 118A.460 1. The landlord may dispose of personal property 11-abandoned on the premises by a former tenant or left on the 12-premises after eviction of the tenant without incurring civil or 13-criminal liability in the following manner: 14- (a) The landlord shall reasonably provide for the safe storage of 15-the property for 30 days after the abandonment or eviction or the 16-end of the rental period and may charge and collect the rea sonable 17-and actual costs of inventory, moving and storage before releasing 18-the property to the tenant or his or her authorized representative 19-rightfully claiming the property within that period. The landlord is 20-liable to the tenant only for the landlord’s negligent or wrongful acts 21-in storing the property. 22- (b) After the expiration of the 30 -day period, the landlord may 23-dispose of the property and recover his or her reasonable costs out 24-of the property or the value thereof if the landlord has made 25-reasonable efforts to locate the tenant, has notified the tenant in 26-writing of his or her intention to dispose of the property and 14 days 27-have elapsed since the notice was given to the tenant. The notice 28-must be mailed to the tenant at the tenant’s present address , and if 29-that address is unknown, then at the tenant’s last known address. 30- (c) Vehicles must be disposed of in the manner provided in 31-chapter 487 of NRS for abandoned vehicles. 32- 2. Any dispute relating to the amount of the costs claimed by 33-the landlord pursuant to paragraph (a) of subsection 1 may be 34-resolved using the procedure provided in [subsection 7 of NRS 35-40.253.] section 4 of this act. 36- 3. During the 5-day period following the eviction or lockout of 37-a tenant, the landlord shall provide the former tenant a reasonable 38-opportunity to retrieve essential personal effects, including, without 39-limitation, medication, baby formula, basic clothing and personal 40-care items. Any dispute r elating to the reasonableness of the 41-landlord’s actions pursuant to this section may be resolved using the 42-procedure provided in [subsection 9 of NRS 40.253. ] section 5 of 43-this act. 44-- – 20 –--- *AB283*- Sec. 16. NRS 179.1164 is hereby amended to read as follows: 1- 179.1164 1. Except as otherwise provided in subsection 2, 2-the following property is subject to seizure and forfeiture in a 3-proceeding for forfeiture: 4- (a) Any proceeds attributable to the commission or attempted 5-commission of any felony. 6- (b) Any property or proceeds otherwise subject to forfeiture 7-pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or 8-501.3857. 9- 2. Property may not, to the extent of the interest of any 10-claimant, be declared forfeited by reason of an act or o mission 11-shown to have been committed or omitted without the knowledge, 12-consent or willful blindness of the claimant. 13- 3. Unless the owner of real property or a mobile home: 14- (a) Has given the tenant notice to surrender the premises 15-pursuant to [NRS 40.254] section 6 of this act within 90 days after 16-the owner receives notice of a conviction pursuant to subsection 2 of 17-NRS 453.305; or 18- (b) Shows the court that the owner had good cause not to evict 19-the tenant summarily pursuant to [NRS 40.254, ] section 6 of t his 20-act, 21- the owner of real property or a mobile home used or intended for 22-use by a tenant to facilitate any violation of the provisions of NRS 23-453.011 to 453.552, inclusive, except NRS 453.336, is disputably 24-presumed to have known of and consented to tha t use if the notices 25-required by NRS 453.305 have been given in connection with 26-another such violation relating to the property or mobile home. The 27-holder of a lien or encumbrance on the property or mobile home is 28-disputably presumed to have acquired an in terest in the property for 29-fair value and without knowledge or consent to such use, regardless 30-of when the act giving rise to the forfeiture occurred. 31- Sec. 17. NRS 453.305 is hereby amended to read as follows: 32- 453.305 1. Whenever a person is arrested for violating any of 33-the provisions of NRS 453.011 to 453.552, inclusive, except NRS 34-453.336, and real property or a mobile home occupied by the person 35-as a tenant has been used to facilitate the violation, the prosecuting 36-attorney responsible for the case shall cause to be delivered to the 37-owner of the property or mobile home a written notice of the arrest. 38- 2. Whenever a person is convicted of violating any of the 39-provisions of NRS 453.011 to 453.552, inclusive, except NRS 40-453.336, and real property or a mobile home occupied by the person 41-as a tenant has been used to facilitate the violation, the prosecuting 42-attorney responsible for the case shall cause to be delivered to the 43-owner of the property or mobile home a written no tice of the 44-conviction. 45-- – 21 –--- *AB283*- 3. The notices required by this section must: 1- (a) Be written in language which is easily understood; 2- (b) Be sent by certified or registered mail, return receipt 3-requested, to the owner at the owner’s last known address; 4- (c) Be sent within 15 days after the arrest occurs or judgment of 5-conviction is entered against the tenant, as the case may be; 6- (d) Identify the tenant involved and the offense for which the 7-tenant has been arrested or convicted; and 8- (e) Advise the owner that: 9- (1) The property or mobile home is subject to forfeiture 10-pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301 11-unless the tenant, if convicted, is evicted; 12- (2) Any similar violation by the same tenant in the future 13-may also result in the forfeiture of the property unless the tenant has 14-been evicted; 15- (3) In any proceeding for forfeiture based upon such a 16-violation the owner will, by reason of the notice, be deemed to have 17-known of and consented to the unlawful use of the property or 18-mobile home; and 19- (4) The provisions of NRS 40.2514 and [40.254] section 6 of 20-this act authorize the supplemental remedy of summary eviction to 21-facilitate the owner’s recovery of the property or mobile home upon 22-such a violation and provide for the recovery of any re asonable 23-attorney’s fees the owner incurs in doing so. 24- 4. Nothing in this section shall be deemed to preclude the 25-commencement of a proceeding for forfeiture or the forfeiture of the 26-property or mobile home, whether or not the notices required by this 27-section are given as required, if the proceeding and forfeiture are 28-otherwise authorized pursuant to NRS 179.1156 to 179.1205, 29-inclusive, and 453.301. 30- 5. As used in this section, “tenant” means any person entitled 31-under a written or oral rental agreement t o occupy real property or a 32-mobile home to the exclusion of others. 33- Sec. 18. NRS 645H.520 is hereby amended to read as follows: 34- 645H.520 1. Subject to the provisions of NRS 645H.770, the 35-services an asset management comp any may provide include, 36-without limitation: 37- (a) Securing real property in foreclosure once it has been 38-determined to be abandoned and all notice provisions required by 39-law have been complied with; 40- (b) Providing maintenance for real property in foreclosure, 41-including landscape and pool maintenance; 42- (c) Cleaning the interior or exterior of real property in 43-foreclosure; 44-- – 22 –--- *AB283*- (d) Providing repair or improvements for real property in 1-foreclosure; and 2- (e) Removing trash and debris from real property in foreclosure 3-and the surrounding property. 4- 2. An asset management company may dispose of personal 5-property abandoned on the premises of a residence in foreclosure or 6-left on the premises after the eviction of a homeowner or a tenant of 7-a homeowner without incurring civil or criminal liability in the 8-following manner: 9- (a) The asset management company shall reasonably provide for 10-the safe storage of the property for 30 days after the abandonment or 11-eviction and may charge and collect the reasonable and actu al costs 12-of inventory, moving and storage before releasing the property to 13-the homeowner or the tenant of the homeowner or his or her 14-authorized representative rightfully claiming the property within that 15-period. The asset management company is liable to t he homeowner 16-or the tenant of the homeowner only for the asset management 17-company’s negligent or wrongful acts in storing the property. 18- (b) After the expiration of the 30 -day period, the asset 19-management company may dispose of the property and recover his 20-or her reasonable costs from the property or the value thereof if the 21-asset management company has made reasonable efforts to locate 22-the homeowner or the tenant of the homeowner, has notified the 23-homeowner or the tenant of the homeowner in writing of his or her 24-intention to dispose of the property and 14 days have elapsed since 25-the notice was given to the homeowner or the tenant of the 26-homeowner. The notice must be mailed to the homeowner or the 27-tenant of the homeowner at the present address of the homeowner or 28-the tenant of the homeowner and, if that address is unknown, then at 29-the last known address of the homeowner or the tenant of the 30-homeowner. 31- (c) Vehicles must be disposed of in the manner provided in 32-chapter 487 of NRS for abandoned vehicles. 33- 3. Any dispute relating to the amount of the costs claimed by 34-the asset management company pursuant to paragraph (a) of 35-subsection 2 may be resolved using the procedure provided in 36-[subsection 7 of NRS 40.253.] section 4 of this act. 37- Sec. 19. The amendatory provisions of sections 2 to 1 8, 38-inclusive, of this act apply to an action for summary eviction which 39-accrues on or after October 1, 2025. 40- Sec. 20. NRS 40.253 and 40.254 are hereby repealed. 41-- – 23 –--- *AB283*--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 a nd 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 ca use 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 subsec tion, “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 t hat the request is-made for service by the sheriff or constable.- 2. A landlord or the landlord’s agent who serves a notice to a-tenant pursuant to paragraph (b) of subsection 1 shall attempt to-deliver the notice in person in the manner set forth in subsection 2 of-NRS 40.2542. If the notice cannot be delivered in person, the-landlord or the landlord’s agent:- (a) Shall post a copy of the notice in a conspicuous place on the-premises and mail the notice by overnight mail; and- (b) After the notice has been posted and mailed, may deliver the-notice to the sheriff or constable for service in the manner set forth-in subsection 1 of NRS 40.280. The sheriff or constable shall not-accept the notice for service unless it is accompanied by written-evidence, signed by the tenant when the tenant took possession of-the premises, that the landlord or the landlord’s agent informed the-- – 24 –--- *AB283*-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 m atter 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 or der 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 suc h an affidavit at or before the time-stated in the notice, the landlord or the landlord’s agent, after receipt-of a file -stamped copy of the affidavit which was filed, shall not-provide for the nonadmittance of the tenant to the premises by-locking or otherwise.- 5. Upon noncompliance with the notice:- (a) The landlord or the landlord’s agent may apply by affidavit-of complaint for eviction to the justice court of the township in-which the dwelling, apartment, mobile home or recreational vehicle-are locate d 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 posti ng of-the order. The affidavit must state or contain:-- – 25 –--- *AB283*- (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 the re 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 th at 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 t o 40.420,-inclusive. The issuance of a summary order for removal of the-tenant does not preclude an action by the tenant for any damages or-other relief to which the tenant may be entitled. If the alleged-unlawful detainer was based upon subsection 5 of NRS 40.2514, the-refusal by the court to grant relief does not preclude the landlord-thereafter from pursuing an action for unlawful detainer in-accordance with NRS 40.251.- 7. The tenant may, upon payment of the appropriate fees-relating to the filing and service of a motion, file a motion with the-court, on a form provided by the clerk of the court, to dispute the-amount of the costs, if any, claimed by the landlord pursuant to NRS-118A.460 for the inventory, moving and storage of personal-- – 26 –--- *AB283*-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 approp riate 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 w ithin 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. T he court shall affix the date of-the hearing to the motion and order a copy served upon the landlord-by the sheriff, constable or other process server. At the hearing, the-court may:- (a) Order the landlord to allow the retrieval of the tenant’s-essential personal effects at the date and time and for a period-necessary for the retrieval, as determined by the court; and- (b) Award damages in an amount not greater than $2,500.- 10. In determining the amount of damages, if any, to be-awarded under paragraph ( b) of subsection 9, the court shall-consider:- (a) Whether the landlord acted in good faith;- (b) The course of conduct between the landlord and the tenant;-and- (c) The degree of harm to the tenant caused by the landlord’s-conduct.- 11. A landlord shall not refuse to accept rent from a tenant that-is submitted after the landlord or the landlord’s agent has served or-- – 27 –--- *AB283*-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 i n NRS 118A.315, this-section does not apply to:- (a) The tenant of a mobile home lot in a mobile home park or to-the tenant of a recreational vehicle lot in an area of a mobile home-park in this State other than an area designated as a recreational-vehicle lot pursuant to the provisions of subsection 8 of-NRS 40.215.- (b) A tenant who provides proof to the landlord that he or she is-a federal worker, tribal worker, state worker or household member-of such a worker during a shutdown.- 13. As used in this section, “close of business” means the close-of business of the court that has jurisdiction over the matter.- 40.254 Unlawful detainer: Supplemental remedy of-summary eviction and exclusion of tenant from certain types of-property.- 1. Except as otherwise provided by specific statute, in addition-to the remedy provided in NRS 40.290 to 40.420, inclusive, when-the tenant of a dwelling unit, part of a low -rent housing program-operated by a public housing authority, a mobile home or a-recreational vehicle is guilty of an unlawful detainer pursuant to-NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or the-landlord’s agent may utilize the summary procedures for eviction as-provided in NRS 40.253 except that written notice to surrender the-premises must:- (a) Be given to the tenant in accordance with the provisions of-NRS 40.280;- (b) Advise the tenant of the court that has jurisdiction over the-matter; and- (c) Advise the tenant of the tenant’s right to:- (1) Contest the notice by filing before the court’s close of-business on the fifth judicial day after the day of service of the-notice an affidavit with the court that has jurisdiction over the matter-stating the reasons why the tenant is not guilty of an unlawful-detainer; or- (2) Request that the court stay the execution of the order for-removal of the tenant or order providing for nonadmittance of the-tenant for a period not exceeding 10 days pursuant to subsection 2-of NRS 70.010, stating the reasons why such a stay is warranted.-- – 28 –--- *AB283*- 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 noti ce 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 reasonabl e 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.--H+The new proposed process in AB283 does nothing to better the known system in place. It serves only to turn+the current system on its head, delay justice in situations where public safety is at issue and discourage a+landlord from working with their tenants and find a solution. We understand that while the intent of the+legislation may be focused on those who are facing summary eviction for missed payments, that is not the+only reason summary evictions are brought forward by a landlord. Ultimately, this could lead to more+formal unlawful detainer complaints at more cost to the landlord that will be passed on to the tenant. The+summary eviction process only resolves possession of the property. If the summary eviction process is+extended, the result would make the formal unlawful detainer process only about 10 days longer, which+would allow a landlord to pursue a money judgment for defaulted rent in addition to possession. With the+additional burden on the courts, document processing times and scheduling of hearings is likely to increase.+We believe that these changes and delays are more likely to cause more unintended consequences and+therefore we oppose AB283.
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