Nevada 2019 Regular Session Status: Enacted

SB 74 — Revises provisions governing eviction actions. (BDR 3-492)

Last action — Approved by the Governor. Chapter 43.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 20, 2018. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to unlawful detainer; revising provisions governing eviction actions; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

107 added · 122 removed

107 line(s) added, 122 removed.

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Latest
(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT S.B.
Senate Bill No.
74 S ENATE B ILLN O.
74–Committee on Judiciary CHAPTER..........
74–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing eviction actions.
(BDR 3-492) 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.
(NRS 40.385) Section 1 of this bill:
(NRS 40.385) Section in such an action for summary eviction;
(1) clarifies that either party may appeal an order entered by the court in such an action for summary eviction;
(2) provides that such an appeal is made bycourt filing a notice of appeal within 10 judicial days after the date of the entry of the order;
(2) provides that such an appeal is made by order;
and (3) makes such an appeal available in actions involving mobile home parks.
and (3) makes such an appeal available in actions involving mobile homeof the parks.
Existing law provides that if a landlord unlawfully removes a tenant from the entry upon the premises, willfully interrupts any essential item or service ors otherwise unlawfully recovers possession of the dwelling unit, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief.
Existing law provides that if a landlord unlawfully removes a tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises, willfully interrupts any essential item or service or otherwise unlawfully recovers possession of the dwelling unit, the tenant may recover immediate possession of the premises from the landlord by filing a verified for expedited relief may not be filed with the court if an action for summarymplaint eviction or unlawful detainer is already pending between the landlord and tenant, although the tenant may seek similar relief before the judge presiding over the pending action.
Existing law also provides that a verified complaint for expedited relief may not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and tenant, pending action.
(NRS 118A.390) Section 2 of this bill provides that a verified complaint for expedited relief may be consolidated with an action for summary eviction or unlawful detainer that is already pending between the landlord and tenant.
(NRS 118A.390) Section 2 of this bill provides that a verifiede complaint for expedited relief may be consolidated with an action for summary eviction or unlawful detainer that is already pending between the landlord and tenant.
- *SB74_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action.
Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without - 80th Session (2019) – 2 – independent action.
If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253 [.] or 40.254.
If proceedings for a summary eviction by serving the tenant with aw new notice pursuant to NRS 40.253 [.] or 40.254.
If the landlord unlawfully removes the tenant to block the tenant’s entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant’s actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.
If the 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, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant’s actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.
- *SB74_R1* – 3 – (b) The course of conduct between the landlord and the tenant;
(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.
and conduct.he degree of harm to the tenant caused by the landlord’s 3.
3.
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed.
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint - 80th Session (2019) – 3 – must be dismissed if it is not timely filed.
and (c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
and subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
- *SB74_R1* – 4 – Sec.
Sec.
H - *SB74_R1*
~~~~~ 19 - 80th Session (2019)
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How this bill changes current law

9 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill modifies the provisions regarding appeals in eviction cases and allows for consolidation of expedited relief complaints with summary eviction actions.

  • NRS 40.385

    Upon an

    Removes the word 'Upon' at the beginning of the section.

  • NRS 40.385

    from → an

    Changes the phrase 'appeal from an order' to 'appeal an order'.

  • NRS 40.385

    : 1.

    Removes an unnecessary section number in the text.

  • NRS 40.385

    the → any

    Alters the wording to allow for any unpaid rent claim instead of just the unpaid rent claim.

  • NRS 40.385

    .

    Removes a period at the end of a clause for grammatical continuity.

  • NRS 40.385

    If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253, 40.254 or 40.2542. → If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253 or 40.254.

    Clarifies the process for eviction by removing references to a specific section.

  • NRS 118A.390

    but the tenant may seek similar relief before the judge presiding over the pending action. → that is already pending between the landlord and tenant.

    Changes the language regarding the filing of complaint for expedited relief to allow consolidation with pending actions.

  • NRS 118A.390

    not

    Removes the prohibition on consolidating certain complaints with pending actions.

  • NRS 118A.390

    filed → consolidated

    Changes the language to highlight the new allowance for consolidation of actions.

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by the Governor. Chapter 43.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Read second time.

  7. From committee: Do pass.

  8. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  10. Read second time. Amended. (Amend. No. 14.) To printer.

  11. From committee: Amend, and do pass as amended.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 74 do?
AN ACT relating to unlawful detainer; revising provisions governing eviction actions; and providing other matters properly relating thereto.
Who sponsors SB 74?
SB 74 is sponsored by Senate Committee on Judiciary.
What is the current status of SB 74?
This bill has been enacted into law. Introduced November 20, 2018. Enacted.
Where can I track SB 74?
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