AB 161 — Revises provisions relating to certain rental agreements. (BDR 10-733)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2017) SECOND REPRINT A.B.

161161–Assemblyman ASSEMBLYFlores BCHAPTER.......... ILLN O.

161–A SSEMBLYMAN FLORES PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to certain rental agreements.

(BDR 10-733) 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.

LegislativeLegiExisting Counsel’slaw Digest:sets forth certain requirements relating to a written rental agreement.

Existing(NRS law118A.200) setsSection forth1 certainof requirementsthis relatingbill torequires a written rental agreement.agreement for a single-family residence, unless signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management, to contain a disclosure which states that:

(NRS(1) 118A.200)there Sectionare 1rebuttable presumptions in sections 1.3 and 1.7 of this bill requiresthat athe writtentenant rentaldoes not have an authorized agent of the landlord who at the time of signing holds a permit to by engage in propertyagentproperty ofmanagement theand management,contains tocertain containcontact ainformation disclosurefor whichthe stateslandlord that:or the landlord’s representative;

(1) there are rebuttable presumptions in sections 1.3 and 1.7(2) of this bill that the tenantagreement doesis notvalid haveand lawfulenforceable occupancyregardless of thewhether residence unless the agreement is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management andor contains certain contact information for the enforceablelandlord regardlessor the Sections 1.3 and 1.7 of whetherthis bill create rebuttable presumptions that a person who forcibly enters or takes up residence in an uninhabited or vacant dwelling knows that his or her entry or residency is without permission of the owner or the owner’s representative unless he or she provides a written rental agreement that is notarized or is signed by an authorized agent of the landlordowner who at the time of signing holds a permit to engage in property management orand contains certain contact information for the landlordowner or the landlord’sowner’s representative.

SectionsEXPLANATION 1.3– andMatter 1.7 of this bill create rebuttable presumptions that a person who forcibly enters or takes up residence in anbolded uninhabiteditalics or vacant dwelling knows that his or her entry or residency is withoutnew; permission of the owner or the notarized or is signed by an authorized agent of the owner who at the time ofhat is signing holds a permit to engage in property management and contains certain contact information for the owner or the owner’s representative.

-matter *AB161_R2*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 79th Session (2017) – 2 – 3.

(c) Occupancy by children or pets.

4.written rental agreement for a single-family residence which is not signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS must contain a disclosure at the top of the first page of the agreement, in a font size at least two times larger than any other font size in the agreement, which states that:

In addition to the provisions required by subsection 3, any written rental agreement for a single-family residence which is not signed by an authorized agent of the landlord who at the time of - *AB161_R2* – 3 – signing holds a permit to engage in property management pursuant to chapter 645 of NRS must contain a disclosure at the top of the first page of the agreement, in a font size at least two times larger than any other font size in the agreement, which states that:

and - 79th Session (2017) – 3 – (2) Includes the current address and telephone number of the landlord or his or her authorized representative;

(1) Is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage ininthe property management pursuant to chapter 645 of NRS;

205.0813vacant 1.dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.

A2. person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.

- *AB161_R2* – 4 – 2.

- 79th Session (2017) – 4 – (a) For a first offense, a gross misdemeanor;

(a) Any act of physical force resulting in damage to the structure;str(b) The changing or manipulation of a lock to gain access.

or (b) The changing or manipulation of a lock to gain access.

A person who is accused of unlawful occupancy pursuant to subsection 1 and has previously been convicted two times of housebreaking, unlawful occupancy or any lesser included - *AB161_R2* – 5 – or related offense, or any combination thereof, arising from the same set of facts is presumed to have obtained residency of the dwelling with the knowledge that:

and owner(b) permittedNeither the residency.nowner nor an authorized representative of the Sec.owner permitted the residency.

Sec.

H20~~~~~ 17 - *AB161_R2*79th Session (2017)