SB 151 — Revises provisions related to certain proceedings concerning property. (BDR 3-516)

(a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail;

and (b) Advise(1) Ofthetenant’srighttocontestthematterbyfiling,within the tenant:time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

(1) Ofthetenant’srighttocontestthematterbyfiling,within the time specified in subsection 1 for the payment of the rent or - *SB151_R5* – 4 – surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

If the tenant files an affidavit pursuant to paragraph (b) of subsection 3 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 - 80th Session (2019) – 4 – affidavit, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order.

(1) The date the tenancy commenced.

(3) The amounts of any cleaning, security or rent deposits paid i(4)in Theadvance, datein excess of the rentalfirst paymentsmonth’s becamerent, delinquent.theby the tenant.

(4) The date the rental payments became delinquent.

(b) Except when the tenant has timely filed an affidavit described in paragraph (b) of subsection 3 and a file-stamped copy of the affidavit has been received by the landlord or the landlord’s agent, the landlord or the landlord’s agent may, in a peaceable manner,provideforthenonadmittanceofthetenanttothepremises by locking or otherwise.otherwise.dmittanceofthetenanttothepremises 6.

6.Upon the filing by the tenant of an affidavit pursuant to paragraph (b) of subsection 3, regardless of the information contained in the affidavit and the filing by the landlord of an affidavit pursuantto paragraph (a) of subsection 5,the justicecourt 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.

Upon the filing by the tenant of an affidavit pursuant to paragraph (b) of subsection 3, regardless of the information contained in the affidavit and the filing by the landlord of an - *SB151_R5* – 5 – affidavit pursuantto paragraph (a) of subsection 5,the justicecourt or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.

If the court determines that there is a legal defense as to the alleged unlawful - 80th Session (2019) – 5 – detainer, the court shall refuse to grant either party any relief and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

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 detainerdet7.nerA intenantmay, accordanceupon payment ofthe 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 bythe landlord pursuant to NRS 40.251.118C.230 for the inventory, moving and storage of personal property left on the premises.

7.The motion must be filed within 20 days after the summary orderforremoval ofthe tenantortheabandonment of the premises by the tenant, or within 20 days after:

A(a) tenantmay,The upontenant paymenthas ofthevacated appropriateor feesbeen relatingremoved tofrom the filingpremises; 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 bythe landlord pursuant to NRS 118C.230 the premises.

The motion must be filed within 20 days after the on summary orderforremoval ofthe tenantortheabandonment of the pre(a) The tenant has vacated or been removed from the premises;

(a) Determine the costs due, if any, claimed by the landlord pursuant to 118C.230 and any accumulating daily costs;

andanddlord (b) Order the release of the tenant’s property upon the payment of the costs determined to be due or if no charges are determined to be due.

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 - *SB151_R5* – 6 – 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.

40.215 As used in NRS 40.215 to 40.425, inclusive, and section 1 of this act, unless the context requires otherwise:

- 80th Session (2019) – 6 – 1.

“Landlord’s agent”means a person whois hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands.

A landlord’s agent may also include a successor landlord and or a property manager as defined in NRS 645.0195.

“Mobile home” means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a residence or sleeping place and which has no foundation other tha4.whe“Mobilethan homewheels, lot”jacks, meansskirting a portion of land within a mobile home park which is rented or heldother outtemporary forsupport. rent to accommodate a mob5.e h“Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent.

4.

“Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

5.

“Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent.

“Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by 8.mot“Recreational vehicle lot” means a motorportion vehicle.of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.

8.

“Recreational vehicle lot” means a portion of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.

- *SB151_R5* – 7 – 10.

- 80th Session (2019) – 7 – Sec.

Except as otherwise provided in subsection [10,] 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420,inclusive,whenthetenantofanydwelling,apartment,40.420,inclusive,whenthetenantofanydwelling,apartment,mobile mobile home [,] or recreational vehicle [or commercial premises] 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 [, unless otherwise agreed in writing,] may [serve or have] cause to be served a notice in writing, requiring in the alternative the payment of the rent or (a) [At or before noon of] Before the surrenderclose of business on the premises:[fifth full] seventh judicial day following the day of service;

(a) [At or before noon of] Before the close of business on the [fifth full] seventh judicial day following the day of service;

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 byheby the sheriff or constable is made after noon, the “day of service” shall madebe fordeemed serviceto bybe the sheriffday ornext constable.yfollowing the day that the request is 2.made for service by the sheriff or constable.

2.

If the notice cannot be delivered in person, the landlord or the landlord’s agent:

cannot be delivered in person, the landlord or the landlord’s (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail;

Upon acceptance, the sheriff or - *SB151_R5* – 8 – constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.

- 80th Session (2019) – 8 – 3.

(2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of thetheal 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.

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 agreementthe orinterruption chapterof 118Aan ofessential NRS.serviceservice required by the rental 4.agreement or chapter 118A of NRS.

If4. the tenant files such an affidavit at or before the time stated file-stamped copy of the affidavit which was filed, shall not provide a for the nonadmittance of the tenant to the premises by locking or otherwise.

If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlord’s agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

(a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in whichwhichf the dwelling, apartment, mobile home [,] or recreational vehicle [or commercial premises] are located or to the district court of the county in which the dwelling, apartment, mobile home [,] or recreational vehicle [or commercial premises] are located, whichever has jurisdiction over the matter.

- *SB151_R5*80th Session (2019) – 9 – (2) The amount of periodic rent reserved.

(8) A copy of the written notice served on the tenant.

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 the alleged unlawful detainer and the tenant is guilty of an unlawfulas to detainer, the court may issue a summary order for removal of the the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection,section. shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant.

If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any require that any further proceedings be conducted pursuant to NRSll 40.290 to 40.420, inclusive.

Thetenantmay,uponpayment oftheappropriatefeesrelating to the filing and service of a motion, file a motion with the court, on a formprovided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 [or 118C.230]fortheinventory, movingandstorageofpersonal property - 80th Session (2019) – 10 – left on the premises.

The motion must be filed within 20 days after - *SB151_R5* – 10 – the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

Upon the filingof a motionpursuant tosubsection7, thecourt shallwithin schedule10 adays hearingafter onthe filing of the motion.

The hearing must be held within 10 days after the filing of the motion.

The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court on a form provided by the clerk of court to dispute the reasonableness of the actions of a landlord pursuant to subsection theof tenantNRS has118A.460. vacated or been removed from the premises.

UponrThe themotion filingmust ofbe afiled motionwithin pursuant5 todays thisafter subsection, the courttenant shallhas 5vacated daysor afterbeen theremoved filingfrom of the motion.premises.

TheUpon court shall affix the datefiling of thea hearing to the motion andpursuant orderto athis copysubsection, served upon the landlordcourt byshall theschedule sheriff,a constablehearing oron otherthe processmotion. server.

The hearing must be held within days after the filing of the motion.

The court shall affix the date landlord by the sheriff, constable or other process server.

and - 80th Session (2019) – 11 – (c) The degree of harm to the tenant caused by the landlord’s conduct.

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 - *SB151_R5* – 11 – 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.

[10.]home 12.lot in a mobile home park or to the tenant of a recreationale 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 .

This section does not apply to 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 .

or (b) Thirty-one days after the tenant has filed an affidavit describedinsubsection3ofNRS40.253[,]orsubsection3of section 1 of this act, if the landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 or subsection 5 of section 1 of 2.isthis Inact additionwithin to30 thedays provisionsafter for the automatictenant sealingfiled of an eviction case court file pursuant to subsection 1, the courtaffidavit. may order the(a) Upon the filing of a written stipulation by the landlord and the tenanttosetasidetheorderofevictionandsealtheevictioncasecourt file;

2.

In addition to the provisions for the automatic sealing of an the sealing of an eviction case court file:tion 1, the court may order (a) Upon the filing of a written stipulation by the landlord and the tenanttosetasidetheorderofevictionandsealtheevictioncasecourt file;

- 80th Session (2019) – 12 – (I) Circumstances beyond the control of the tenant that led to the eviction;

- *SB151_R5* – 12 – 3.

If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court filefil4.shaAs shallused bein deemedthis neversection, “eviction case court file” means all records relating to havean occurred.action for summary eviction which are maintained bythe court, including, withoutlimitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court,anyorder madeonmotionasprovidedinNevadaRulesofCivil Procedure, Justice Court Rules of Civil Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.

4.

As used in this section, “eviction case court file” means all records relating to an action for summary eviction which are maintained bythe court, including, withoutlimitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court,anyorder madeonmotionasprovidedinNevadaRulesofCivil Procedure, Justice Court Rules of Civil Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.

(b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale containedwhom therein, executed by the person, or by another person under perfected;erson claims, and the title under the sale has beenbeenn (c) Where the property or mobile home has been sold under a executed by the person, or by another person under whom the personrust claims, and the title under such sale has been perfected;

(c) Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by the person, or by another person under whom the person claims, and the title under such sale has been perfected;

- 80th Session (2019) – 13 – (a) The new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to chapter 118A of NRS under the lease or rental agreement which the previous owner or landlord entered into with the tenant or subtenant regarding the property;

(b) The tenant or subtenant continues to have the rights, obligations and liabilities that the tenant or subtenanthad pursuant to chapter 118A of NRS under the lease or rental agreement which - *SB151_R5* – 13 – the tenant or subtenant entered into with the previous owner or landlordlan(c) regardingUpon termination of the property;previous owner’s interest in the property by residential transfer or sale, the previous owner shall transfer the security deposit in the manner set forth in paragraph (a) of subsection 1 of NRS 118A.244.

and (c) Upon termination of the previous owner’s interest in the property by residential transfer or sale, the previous owner shall transfer the security deposit in the manner set forth in paragraph (a) of subsection 1 of NRS 118A.244.

and (c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the agreement or applicable law constitutes a breach of the lease or rental agreement and may result in eviction proceedings, including, without 40.254.ion,agreement limitation, proceedings conducted pursuant to NRS 40.253 and 4.40.254.

If4. the property has been sold as a residential foreclosure, a person whose name appears on the mortgage or deed, who holds overhan a and continues in possession of real property or a mobile home in any of the cases described in paragraph (b) or (c) of subsection 1 may be removed as prescribed in NRS 40.290 to 40.420, inclusive, after receiving a notice of the change of ownership of the real property or mobile home and after the expiration of a notice period beginning on the date the notice was received by the tenant or subtenant and expiring:

(a)If Forthe allproperty periodichas tenanciesbeen withsold as a periodresidential foreclosure, a tenant or subtenant in actual occupation of lessthe premises, other than a person whose name appears on the mortgage or deed, who holds over and continues in possession of real property or a mobile home in any of the cases described in paragraph (b) or (c) of subsection 1 month,may be removed as prescribed in NRS 40.290 to 40.420, inclusive, after notreceiving lessa thannotice of the numberchange of daysownership inof the period;real property or mobile home and after the expiration of a notice period beginning on the date the notice was received by the tenant or subtenant and expiring:

- 80th Session (2019) – 14 – (a) For all periodic tenancies with a period of less than 1 month, after not less than the number of days in the period;

and - *SB151_R5* – 14 – (b) The tenant or subtenant continues to have the rights, obligations and liabilities that the tenant or subtenant had pursuant to chapter 118A of NRS under the lease or rental agreement which the tenant or subtenant entered into with the previous owner or landlord regarding the property.

If the property has been sold as a residential foreclosure in any of the cases described in paragraph (b) or (c) of subsection 1, no personmayenter a record ofevictionfor atenant orsubtenant who vacates a property during the notice period described ininsubtenant subsection [2.] 4.

in[6.] any8. of the cases described in paragraphs (b) or (c) of subsection 1, nothing in this section shall be deemed to prohibit:

expirationIf of the noticeproperty periodhas describedbeen insold subsectionas [2]a 4residential withoutforeclosure in any obligationof to the newcases ownerdescribed in paragraphs (b) or (c) of asubsection property1, purchasednothing pursuantin tothis asection foreclosureshall salebe ordeemed trustee’sto sale;prohibit:

(a) The tenant from vacating the property at any time before the expiration of the notice period described in subsection [2] 4 without any obligation to the new owner of a property purchased pursuant to a foreclosure sale or trustee’s sale;

or - 80th Session (2019) – 15 – (2) Offering a payment to the tenant or subtenant in exchange for vacating the premises on a date earlier than the expiration of the notice period described in subsection [2.] 4.

As used in this subsection, “single family residence” means a structure that is comprised of not moremorSec. than four units.

-4.fourNRS *SB151_R5*40.280 –is 15hereby –amended Sec.to read as follows:

4.

NRS 40.280 is hereby amended to read as follows:

If service is accomplished] by the sheriff, a constable , [or] a person who is licensed as a process server pursuant to chapter 648 of NRS [, the presence of a witness is not required.] or the agent of an attorney licensed to practice in this State:

(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found,property andis mailingsituated.copy a copy to the tenant at the place where the leased property2. is situated.

2.

(a) Except as otherwise provided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupanthoccupant personally, in the presence of a witness.

If service is accomplished by the sheriff, constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, the presence of a witness is notservernot required.

If - 80th Session (2019) – 16 – the occupant is unknown, the notice must be addressed to “Current Occupant.” (c) If a person of suitable age or discretion cannot be found at the real property, by posting a copy in a conspicuous place on the propertyandmailinga copytotheunlawful orunauthorized occupant attheplacewherethepropertyissituated.Iftheoccupantisunknown, the notice must be addressed to “Current Occupant.” 3.

4.40.260, inclusive, must be filed with the court before:40.230 to (a) An order for removal of a tenant is issued pursuant to NRS 40.253 or 40.254;

Proof of service of any notice required by NRS 40.230 to 40.260, inclusive, must be filed with the court before:

- *SB151_R5* – 16 – (a) An order for removal of a tenant is issued pursuant to NRS 40.253 or 40.254;

The statement must also include the number of the badge or license of agent of an attorney licensed in this State, the personstatement whomust servedbe accompanied by a declaration, signed by the notice.attorney and bearing the license number of the attorney, stating that the attorney:

If(I) theWas noticeretained was served by the agentlandlord ofin an attorneyaction licensedpursuant into thisNRS State,40.230 theto statement40.420, mustinclusive; be accompanied by a declaration, signed by the attorney and bearing the license number of the attorney, stating that the attorney:

(I)(II) Was retained by the landlord in an action pursuant to NRS 40.23(II) Reviewed the date and manner of service by the agent;

and (III) Believestothebestofhisorherknowledgethatsuch service complies with the requirements of this section.suchsection. (2) If the notice was served pursuant to paragraph (a) of subsection 2, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, as applicable, and a witness, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.

(2) If the notice was served pursuant to paragraph (a) of subsection 2, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, as applicable, and a witness, - 80th Session (2019) – 17 – signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.

(b) [If the notice was served by a sheriff, a constable or a person who is licensed as a process server pursuant to chapter 648 of NRS,NRS,son a written statement, endorsed by the person who served the notice, stating the date and manner of service.

The statement must also - *SB151_R5* – 17 – include the number of the badge or license of the person who served the notice.

(1) If the notice was served pursuant to subsection 2 of section 1 of this act, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, and a witness, as applicable, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.

(2) If the notice was served pursuant to paragraph (b) or (c) of subsection 1, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and of manner of service and accompanied by a confirmation of delivery or confirmationcertificate of actualmailing deliveryissued by a private postal service.rvice (b) If the noticeUnited wasStates servedPostal byService a sheriff, a constable or aconfirmation person who is licensed as a process server pursuant to chapter 648 of NRS,actual adelivery written statement, endorsed by thea personprivate whopostal served the notice, stating the date and manner of service.

- 80th Session (2019) – 18 – (b) If the notice was served by a sheriff, a constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, a written statement, endorsed by the person who served the notice, stating the date and manner of service.

(1) A certificate ofmailingissued by the United States Postal Service or by a private postal service to the landlord or the landlord’s agent;

orate postal service to the landlord or the (2) The endorsement of a sheriff or constable stating the:

and - *SB151_R5* – 18 – (III) Fees paid for the service.

For the purpose of this section, an agent of an attorney licensed in this State shall only serve notice pursuant to subsection 1 if:

A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served.

subject2. of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract 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 section 1 of this act.

A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due.

If the tenant fails to pay such rent, the landlord may initiate new proceedings for a - 80th Session (2019) – 19 – summary eviction by serving the tenant with a new notice pursuant to NRS 40.253 [.] or section 1 of this act.

(a) In cases of perishable property, by posting written notice of the time and place of sale in three public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.

(b) In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than 5 or more than 10 days before the sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there is one in - *SB151_R5* – 19 – the county, at least twice, the first publication being not less than 10 days before the date of the sale.

(3) Publishing a copy of the notice three times, once each week, for 3 successive weeks, in a newspaper, if there is one in the county.advertising as provided in NRS 238.070.

The cost of publication must not exceed the rate for legal advertising as provided in NRS 238.070.

and (5) If the sale of property is a residential foreclosure, posting a copy of the notice in a conspicuous place on the property.

In posting addition to the requirements of NRS 21.140, the notice must not be defaced or removed until the transfer of title is recorded or the - 80th Session (2019) – 20 – property becomes occupied after completion of the sale, whichever is earlier.

(a)(b) The physicalcontact addressinformation of the property;party who is authorized to provide information relating to the foreclosure status of the property.

and (b) The contact information of the party who is authorized to provide information relating to the foreclosure status of the property.

- *SB151_R5* – 20 – NOTICE TO TENANTS OF THE PROPERTY 3 Foreclosureproceedings againstthis propertyhave started, and aissued.e notice of sale of the property to the highest bidder has been issued.You may either:

7 You may either:

- 80th Session (2019) – 21 – If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should ingenerally thatreceive periodnotice of time.e after not less than the number of days Ifin thethat property is sold and you pay rent by the month or any other period of timetime. that is 1 month or longer, you should generally receive notice at least 60 days in advance.

If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.

(2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business and tothe place wherethe leased property is situated, if different;

ororhe -place *SB151_R5*wherethe –leased 21 – (3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property and mailing a copy to you at the place where the leased property is situated.] 7 If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond.

UnderUnde(1) theYouwill Justicebegiven Courtatleast Rules10 ofdays Civilto Procedure:answerasummons and complaint;

(1) Youwill begiven atleast 10 days to answerasummons and complaint;

and - 80th Session (2019) – 22 – (4) A hearing regarding a permanent eviction may be summonscalled andas complaint.ayssoon as 20 days after you are served with the executionsummons or deliver the judgment debtor’s property to the judgment creditor if the judgment debtor or any other person entitled to notice has not been properly notified as required in this section and NRScomplaint. 21.075 and 21.076.

5.4.

AsThe usedsheriff inshall thisnot section,conduct “residentiala foreclosure”sale meansof the saleproperty ofon aexecution singleor familydeliver residencethe pursuantjudgment debtor’s property to the judgment creditor if the judgment debtor or any other person entitled to notice has not been properly notified as required in this section and NRS 40.430.21.075 and 21.076.

sale of a single family residence pursuant to NRS 40.430.

- *SB151_R5* – 22 – (1) The physical address of the property;

In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded orwhichever theis propertyearlier.es becomes occupied after completion of the sale, whichever3. is earlier.

3.

- 80th Session (2019) – 23 – NOTICE TO TENANTS OF THE PROPERTY Foreclosureproceedings againstthis propertyhave started, and a notice of sale of the property to the highest bidder has been issued.

(1) terminate your lease or rental agreement proceedingsand undermove chapterout; 40 of the Nevada Revised Statutes.ion Any subtenants may also be subject to eviction proceedings.

or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes.

Any subtenants may also be subject to eviction proceedings.

- *SB151_R5* – 23 – If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.

5 Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the NevadaRevised StatutesSta(1) .Delivering a copy to you personally in the presence of a witness, unless service is accomplished by a sheriff, constable or licensed process server, in which case the presence of a witness is not required;

[and(2) mayIf beyou servedare by:absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your - 80th Session (2019) – 24 – place of residence or business and tothe place wherethe leased property is situated, if different;

(1) Delivering a copy to you personally in the presence of a witness, unless service is accomplished by a sheriff, constable or licensed process server, in which case the presence of a witness is not required;

(2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business and tothe place wherethe leased property is situated, if different;

Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.

The posting of a notice required by this section must be completed by a process server licensed pursuant to chapter 648 of - *SB151_R5* – 24 – NRS or any constable or sheriff of the county in which the property is located.

and - 80th Session (2019) – 25 – (c) An address for payment of the rent due and delivery of notice to the landlord.

For a tenancy for a fixed term or a tenancy on a month to monthmon2. basis, the amount of money payable each month;

2.baFor a tenancy on a week to week basis, the amount payable each week;

Forand a3. tenancy on a week to week basis, the amount payable eac3.weeFor a tenancy on an annual basis, the amount payable annually divided by 12.

follows:7.15.For a tenancy on an annual basis, the amount payable annually divided by 12.

NRS 118A.020 is hereby amended to read as 118A.020 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 118A.030 to 118A.170, inclusive, and section 7.13 of this act have the meanings ascribed to them in those sections.

7.15.

NRS 118A.020 is hereby amended to read as follows:

118A.020 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 118A.030 to 118A.170, inclusive, and section 7.13 of this act have the meanings ascribed to them in those sections.

Sec.

and (b) Rent for the use and occupancy of a dwelling is the fair rental valueval4. for the use and occupancy.

4.foA landlord may charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but:

A(a) landlordSuch may charge a reasonable late fee formust thenot lateexceed payment5 percent of rentthe asamount setof forth in the renalperiodic agreement,rent; but:

- *SB151_R5* – 25 – (a) Such a late fee must not exceed 5 percent of the amount of the periodic rent;

- 80th Session (2019) – 26 – (a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the propertytothetenantorhisorherauthorizedrepresentativerightfully claiming the property within that period.

(b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his or her reasonable costs out of the property or the value thereof if the landlord has made reasonablereasonablef efforts to locate the tenant, has notified the tenant in writing of his or herintentiontodisposeofthepropertyand14dayshaveelapsedsince tenant at the tenant’snotice presentwas address,given andto if that address is unknown, then at the tenant’stenant. last known address.

chapterThe 487notice ofmust NRSbe formailed abandonedto vehicles.the tenant at the tenant’s present address, and if that address is unknown, then at the tenant’s last known address.

(c) Vehicles must be disposed of in the manner provided in 2.chapter 487 of NRS for abandoned vehicles.

2.

118C.230landlord 1.who leases or subleases any commercial premises under a a rental agreement that has been terminated for any reason may, in accordance with the following provisions, dispose of any abandoned personal property, regardless of its character, left on the commercial premises without incurring any civil or criminal liability:

Except(a) asThe otherwiselandlord providedmay indispose subsectionof 3,the aabandoned landlordpersonal whoproperty leasesand recover his or subleasesher anyreasonable commercialcosts premisesout underof athe rentalabandoned agreementpersonal thatproperty hasor beenthe terminatedvalue forthereof anyif reasonthe may,landlord has notified the tenant in accordancewriting withof the followinglandlord’s provisions,intention to dispose of anythe abandoned personal property,property regardlessand of14 itsdays character,have leftelapsed onsince the commercialnotice premiseswas withoutmailed incurringto anythe civiltenant. or criminal liability:

- *SB151_R5* – 26 – (a) The landlordnotice maymust disposebe ofmailed, theby abandonedcertified personalmail, propertyreturn andreceipt recoverrequested, histo or her reasonable costs out of the abandonedtenant personalat property or the valuetenant’s thereofpresent ifaddress, the- landlord80th hasSession notified(2019) the– tenant27 in– writingand ofif thethat landlord’saddress intentionis tounknown, disposethen ofat the abandonedtenant’s personallast propertyknown andaddress. 14 days have elapsed since the notice was mailed to the tenant.

The notice must be mailed, by certified mail, return receipt requested, to the tenant at the tenant’s present address, and if that address is unknown, then at the tenant’s last known address.

If a written agreement between a landlord and a person who has an ownership interest in any abandoned personal property of the tenant contains provisions which relate to the removal and disposal of abandoned personal property, the provisions of the agreementagreementosal determine the rights and obligations of the landlord and the person with respect to the removal and disposal of the abandoned personal property.

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