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Senate Bill No.
Session (80th) CA SB151 R4 CA6 Amendment No.
151–Senators Ratti, Cancela, Spearman, Parks;
CA6 Conference Committee Amendment to (BDR 3-516) Senate Bill No.
Brooks, D.
151 Fourth Reprint Proposed by:
Harris, Ohrenschall and Woodhouse CHAPTER..........
Conference Committee Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
KMN/NCA - Date:
6/3/2019 S.B.
No.
151—Revises provisions related to certain proceedings concerning property.
(BDR 3-516) Page 1 of 22 *CA_SB151_R4_CA6* Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 3 S ENATE B ILLNO .
151–SENATORS R ATTI, ANCELA , PEARMAN , ARKS ;
ROOKS , D.
H ARRIS, OHRENSCHALL AND W OODHOUSE FEBRUARY 12, 2019 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions related to certain proceedings concerning property.
(BDR 3-516) 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.
LegiExisting law provides for a summary eviction procedure when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent due by the month or a shorter period defaults in the payment of the rent.
Legislative Counsel’s Digest:
Existing law provides for a summary eviction procedure when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent due by the month or a shorter period defaults in the payment of the rent.
a notice in writing informing the tenant that he or she must pay the rent or surrender the premises at or before the fifth full day following the dayofservice.
Existing law requires the landlord or the landlord’s agent to serve or have served a notice before the fifth full day following the day of service.
Existing law requires a sheriff or (NRS 40.253) Section 1.7 revises the period of time before the removal ofthe tenant.
Existing law requires a sheriff or constable to remove such a tenant within 24 hours after the court issues such an order.
(NRS 40.253) Section 1.7 revises the period of time before the removal of the tenant.
Section 1.7 then requires the sheriff or constable to remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order by the sheriff or constable.
Section 1.7 then Conference Committee Amendment No.
Existing law provides that a person who holds over and continues in possession of real property or a mobile home which has been foreclosed or sold under certain to surrender has been served.
CA6 to Senate Bill No.
(NRS 40.255) Section 3 of this bill additionallyice provides that an existing lease of residential property will remain in effect if the property is transferred or sold to a new owner under certain circumstances.
151 Fourth Reprint Page 4 requires the sheriff or constable to remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order by the sheriff or constable.
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Section provides for the duties and obligations of the tenant and the new owner.
Existing law provides that a person who holds over and continues in possession of real property or a mobile home which has been foreclosed or sold under certain circumstances may be removed pursuant to certain proceedings after a 3-day notice to surrender has been served.
property will remain in effect if the property is transferred or sold to a new owner underntial certain circumstances.
Section 3 provides for the duties and obligations of the tenant and the new owner.
(1) by delivering a copy of the notice to the tenant personally, in the presence of a witness, or by a sheriff, constable or certain - 80th Session (2019) – 2 – other persons;
(1) by delivering a copy of the notice to the tenant personally, in the presence of a witness, or by a sheriff, constable or certain other persons;
or (3) by posting the possible, and mailing a copy to the tenant.
or (3) by posting the notice on the rental property, delivering the notice to the person living there, if possible, and mailing a copy to the tenant.
(NRS 40.280) Section 4 of this bill provides that a notice to surrender the premises must be served by a sheriff, a constable, certain persons licensed as a process server or the agent of an attorney under certain circumstances.
(NRS 40.280) Section 4 of this bill provides that a notice to process server or the agent of an attorney under certain circumstances.
Sections 4.5-Existing law defines certain terms used in chapter 118A of NRS, otherwise known as the Residential Landlord and Tenant Act.
Sections 4.5- [7.
3] 7.1 and 7.3 of this bill make conforming changes.
Existing law defines certain terms used in chapter 118A of NRS, otherwise known as the Residential Landlord and Tenant Act.
property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability.
Existing law sets forth the procedure for a landlord to dispose of personal property the tenant without incurring civil or criminal liability.
Section 1.7 establishes an expedited procedure for a former tenant to retrieve essential personal effects if a essential personal effects.in providing access to the former tenant to retrieve EXPLANATION – Matter in bolded italics is new;
Section 1.7 establishes an expedited procedure for a former tenant to retrieve essential personal effects if a landlord acts unreasonably in providing access to the former tenant to retrieve essential personal effects.
matter between brackets [omitted material] is material to be omitted.
As used in this subsection, “day of service” means the day the landlord orthelandlord’sagent personally delivers the noticeto the - 80th Session (2019) – 3 – tenant.
As used in this subsection, “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 therequestforserviceismadebeforenoon.Iftherequestfor 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 that the request is made for service by the sheriff or constable.
If personal service Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 5 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 that the request is made for service by the sheriff or constable.
A landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to of a witness.
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 a copy of the notice to the tenant personally, in the presence of a witness.
If service is accomplished by the sheriff, constable ore a person whoislicensed asa processserver pursuantto chapter 648 of NRS, the presence of a witness is not required.
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 not required.
and (b) (1) Ofthetenant’srighttocontestthematterbyfiling,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 matter stating that the tenant has tendered payment or is not in default in the payment of the rent;
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 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.
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 affidavit, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.
The court may thereupon issue an tenant within 24 hours after receipt of the order.
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.
(4) The date the rental payments became delinquent.
Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 6 (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 by locking or otherwise.dmittanceofthetenanttothepremises 6.
(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, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
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.
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 pursuant to paragraph (a) of 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 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 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, 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 det7.nerA tenantmay, upon 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 118C.230 for the inventory, moving and storage of personal property left on the premises.
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.
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:
7.
A 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 118C.230 for the inventory, moving and storage of personal 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:
pursuant to 118C.230 and any accumulating daily costs;
(a) Determine the costs due, if any, claimed by the landlord pursuant to 118C.230 and any accumulating daily costs;
anddlord (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.
and (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 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.
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 had served a notice Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 7 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 of this act, unless the context requires otherwise:
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.
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 demands.
“Landlord’s agent” means a person who is 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.
A landlord’s agent may also include a successor landlord or a property manager as defined in NRS 645.0195.
“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 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.
“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 a motor vehicle.
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.
- 80th Session (2019) – 7 – Sec.
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,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 close of business on the [fifth full] seventh judicial day following the day of service;
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, when the tenant of any dwelling, apartment, 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 the surrender of the premises:
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.
(a) [At or before noon of] Before the close of business on the [fifth full] seventh judicial day following the day of service;
or Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 8 (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.
If the agent:
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;
(a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail;
- 80th Session (2019) – 8 – 3.
3.
(2) That if the court determines that the tenant is guilty of an of the tenant or an order providing for the nonadmittance of theal 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.
(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 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.
complaint for eviction to the justice court of the township in whichf 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.
Conference Committee Amendment No.
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 orderisreceivedbythesherifforconstable.Thesherifforconstable shall remove the tenant [within 24] not earlier than 24 hours but not later than 36 hours after [receipt] the posting of the order.
CA6 to Senate Bill No.
151 Fourth Reprint Page 9 (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 [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.
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 [within 24] not earlier than 24 hours but not later than 36 hours after [receipt] the posting of the order.
- 80th Session (2019) – 9 – (2) The amount of periodic rent reserved.
(2) The amount of periodic rent reserved.
(3) The amountsofanycleaning, securityor rent deposits paid in advance, in excess of the first month’s rent, by the tenant.
(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.
(8) A copy of the written notice served on the tenant.
(b) Except whenthetenanthastimelyfiledtheaffidavitdescribed 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.
(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.
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.
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 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.
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 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 [or 118C.230] for the inventory, moving and storage of personal property left on the premises.
(a) The tenant has vacated or been removed from the premises;
Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 10 (a) The tenant has vacated or been removed from the premises;
Upon the filingof a motionpursuant tosubsection7, thecourt within 10 days after the filing of the motion.
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 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 of NRS 118A.460.
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 3 of NRS 118A.460.
The hearing must be held within days after the filing of the motion.
The hearing must be held within 5 days after the filing of the motion.
The court shall affix the date landlord by the sheriff, constable or other process server.
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.
and - 80th Session (2019) – 11 – (c) The degree of harm to the tenant caused by the landlord’s conduct.
and (c) The degree of harm to the tenant caused by the landlord’s conduct.
home 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 .
[10.] 12.
13.
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 .
As used in this section, “close of business”means the close of business of the court that has jurisdiction over the matter.
[11.] 13.
As used in this section, “close of business” means the close of business of the court that has jurisdiction over the matter.
or (b) Thirty-one days after the tenant has filed an affidavit describedinsubsection3ofNRS40.253[,]orsubsection3of section 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 this act within 30 days after the tenant filed the affidavit.
or (b) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253 [,] or subsection 3 of section 1 of this act, if the Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 11 landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 or subsection 5 of section 1 of this act within 30 days after the tenant filed the affidavit.
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;
In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, the court may order the sealing of an eviction case court file:
(a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file;
- 80th Session (2019) – 12 – (I) Circumstances beyond the control of the tenant that led to the eviction;
(I) Circumstances beyond the control of the tenant that led to the eviction;
If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court fil4.shaAs 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.
If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court file shall be deemed never to have occurred.
4.
As used in this section, “eviction case court file” means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court, any order made on motion as provided in Nevada Rules of Civil 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.
Except as otherwise provided in subsections 2 , 4 and [7,] 9, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3- day written notice to surrender has been served upon the person may be removed as prescribed in NRS 40.290 to 40.420, inclusive:
Except as otherwise provided in subsections 2 , 4 and [7,] 9, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3-day written notice to surrender has been served upon the person may be removed as prescribed in NRS 40.290 to 40.420, inclusive:
(b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale whom the person claims, and the title under the sale has beenn under perfected;
(b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by the person, or by another person under whom the person claims, and the title under the sale has been perfected;
2.
Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 12 2.
- 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;
(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 the tenant or subtenant entered into with the previous owner or lan(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.
(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;
The successor has the rights, obligations and liabilities of the former landlord as toany securities which are owed under this section or NRS 118A.242 at the time of transfer.
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.
The successor has the rights, obligations and liabilities of the former landlord as to any securities which are owed under this section or NRS 118A.242 at the time of transfer.
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 and may result in eviction proceedings, including, without agreement limitation, proceedings conducted pursuant to NRS 40.253 and 40.254.
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 limitation, proceedings conducted pursuant to NRS 40.253 and 40.254.
- 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;
(a) For all periodic tenancies with a period of less than 1 month, after not less than the number of days in the period;
[3.] 5.
[3.] 5.During the notice period described in subsection [2:] 4:
During the notice period described in subsection [2:] 4:
and 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.
and (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.
[4.] 6.
[4.] 6.The notice described in subsection [2] 4 must contain a statement:
The notice described in subsection [2] 4 must contain a statement:
Conference Committee Amendment No.
(a) Providing the contact information of the new owner to whom rent should be remitted;
CA6 to Senate Bill No.
151 Fourth Reprint Page 13 (a) Providing the contact information of the new owner to whom rent should be remitted;
If the property has been sold as a residential foreclosure in any of the cases described in paragraph (b) or (c) of subsection who vacates a property during the notice period described insubtenant subsection [2.] 4.
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 person may enter a record of eviction for a tenant or subtenant who vacates a property during the notice period described in subsection [2.] 4.
(1) Negotiatinganewpurchase,leaseorrentalagreement with the tenant or subtenant;
(1) Negotiating a new purchase, lease or rental agreement with the tenant or subtenant;
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.
or (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 morSec.
As used in this subsection, “single family residence” means a structure that is comprised of not more than four units.
4.fourNRS 40.280 is hereby amended to read as follows:
Sec.
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 of NRS [, the presence of a witness is not required.] or the agent of an attorney licensed to practice in this State:
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 property is situated.copy to the tenant at the place where the leased 2.
(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, and mailing a copy to the tenant at the place where the leased property is situated.
2.
(a) Except as otherwise provided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupant personally, in the presence of a witness.
Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 14 (a) Except as otherwise provided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupant personally, in the presence of a witness.
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.
If 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 property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated.
If the occupant is unknown, the notice must be addressed to “Current Occupant.” 3.
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;
4.
(b) Anorderforremoval ofanunlawfulorunauthorizedoccupant is issued pursuant to NRS 40.414;
Proof of service of any notice required by NRS 40.230 to 40.260, inclusive, must be filed with the court before:
(a) An order for removal of a tenant is issued pursuant to NRS 40.253 or 40.254;
(b) An order for removal of an unlawful or unauthorized occupant is issued pursuant to NRS 40.414;
The statement must also include the number of the badge or license of agent of an attorney licensed in this State, the statement must be accompanied by a declaration, signed by the attorney and bearing the license number of the attorney, stating that the attorney:
The statement must also include the number of the badge or license of the person who served the notice.
If the notice was served by the agent of an attorney licensed in this State, the statement must be accompanied by a declaration, signed by the attorney and bearing the license number of the attorney, stating that the attorney:
and (III) Believestothebestofhisorherknowledgethatsuch service complies with the requirements of this section.
and (III) Believes to the best of his or her knowledge that such service complies with the requirements of this section.
(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.
(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)] (3) If the notice was served pursuant to [paragraph (b) or (c) of subsection 1 or] paragraph (b) or (c) of subsection 2, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.
[(2)] (3) If the notice was served pursuant to [paragraph (b) or (c) of subsection 1 or] paragraph (b) or (c) of subsection 2, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or Conference Committee Amendment No.
who is licensed as a process server pursuant to chapter 648 of NRS,son a written statement, endorsed by the person who served the notice, stating the date and manner of service.
CA6 to Senate Bill No.
151 Fourth Reprint Page 15 certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.
(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.
Proof of service of notice pursuant to NRS 40.230to 40.260, inclusive,thatmustbefiledbeforethecourtmayissueanorderfiled pursuant to paragraph (d) of subsection 4 must consist of:
Proof of service of notice pursuant to NRS 40.230 to 40.260, inclusive, that must be filed before the court may issue an order filed pursuant to paragraph (d) of subsection 4 must consist 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.
(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.
- 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.
(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.
The statement must also includethe number ofthebadge or license ofthe person who served the notice.
The statement must also include the number of the badge or license of the person who served the notice.
(1) A certificate ofmailingissued by the United States Postal landlord’s agent;
(1) A certificate of mailing issued 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:
or (2) The endorsement of a sheriff or constable stating the:
For the purpose of this section, an agent of an attorney licensed in this State shall only serve notice pursuant to subsection if:
For the purpose of this section, an agent of an attorney licensed in this State shall only serve notice pursuant to subsection 1 if:
Sec.
Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 16 Sec.
A surety upon 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.
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.
Liability of a surety may be enforced, or the bond may be released, on motioninthe appellate court withoutindependent action.
Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action.
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.
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 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 reasonable, considering the character and condition of the property.
(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.
(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 advertising as provided in NRS 238.070.
(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.
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.
and Conference Committee Amendment No.
In 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.
CA6 to Senate Bill No.
151 Fourth Reprint Page 17 (5) If the sale of property is a residential foreclosure, posting a copy of the notice in a conspicuous place on the property.
In 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 property becomes occupied after completion of the sale, whichever is earlier.
(b) The contact information of the party who is authorized to provide information relating to the foreclosure status of the property.
(a) The physical address 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.
If the sale of property is a residential foreclosure, a separate notice must be posted in a conspicuous place on the property and mailed,withacertificateofmailingissuedbytheUnitedStatesPostal Service or another mail delivery service, to any tenant or subtenant, if any, other than the judgment debtor, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 1.
If the sale of property is a residential foreclosure, a separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the judgment debtor, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 1.
NOTICE TO TENANTS OF THE PROPERTY Foreclosureproceedings againstthis propertyhave started, and issued.e of sale of the property to the highest bidder has been You may either:
NOTICE TO TENANTS OF THE PROPERTY Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.
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 generally receive notice after not less than the number of days in that period of time.
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 generally receive notice after not less than the number of days in that period of time.
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the NevadaRevised Statutes .
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes .
(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 property is situated, if different;
Conference Committee Amendment No.
orhe place wherethe leased (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.] 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.
CA6 to Senate Bill No.
151 Fourth Reprint Page 18 (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 to the place where the leased property is situated, if different;
or (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.] 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.
Unde(1) Youwill begiven atleast 10 days to answerasummons and complaint;
Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a summons and complaint;
(3) Ahearingregardingatemporaryevictionmaybecalled as soon as 11 days after you are served with the summons and complaint;
(3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint;
and - 80th Session (2019) – 22 – (4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.
and (4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.
sale of a single family residence pursuant to NRS 40.430.
5.
As used in this section, “residential foreclosure” means the sale of a single family residence pursuant to NRS 40.430.
In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded whichever is earlier.es occupied after completion of the sale, 3.
In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.
A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantor’s successor in interest, in actual occupation of the premises not later than 15 days before the date of sale.
3.
A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 19 or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantor’s successor in interest, in actual occupation of the premises not later than 15 days before the date of sale.
- 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.
6 NOTICE TO TENANTS OF THE PROPERTY 8 Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the NevadaRevised Sta(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;
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes .
(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 - 80th Session (2019) – 24 – place of residence or business and tothe place wherethe leased property is situated, if different;
[and may be served by:
or (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.] If the property is sold and a landlord, successful bidder or court, you will be served with a summons and complaint andin have the opportunity to respond.
(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;
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.
(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 to the place where the leased property is situated, if different;
Under the Justice Court Rules of Civil Procedure:
or (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.] 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.
(1) Youwill begiven atleast 10 days to answerasummons and complaint;
Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 20 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.
5 Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a summons and complaint;
(3) Ahearingregardingatemporaryevictionmaybecalled as soon as 11 days after you are served with the summons and complaint;
(3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint;
The posting of a notice required by this section must be NRS or any constable or sheriff of the county in which the property is located.
The posting of a notice required by this section must be completed by a process server licensed pursuant to chapter 648 of 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.
and (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 mon2.
For a tenancy for a fixed term or a tenancy on a month to month basis, the amount of money payable each month;
baFor a tenancy on a week to week basis, the amount payable each week;
2.
For a tenancy on a week to week basis, the amount payable each week;
Unless the rental agreement establishes a definite term, the tenancyis fromweekto weekin the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month.
Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month.
and (b) Rent for the use and occupancy of a dwelling is the fair rental val4.
and Conference Committee Amendment No.
foA landlord may charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but:
CA6 to Senate Bill No.
151 Fourth Reprint Page 21 (b) Rent for the use and occupancy of a dwelling is the fair rental value for the use and occupancy.
4.
A landlord may charge a reasonable late fee for the late payment of rent as set forth in the renal agreement, but:
- 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.
(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 property to the tenant or his or her authorized representative rightfully claiming the property within that period.
The landlord is liable to the tenant onlyfor thelandlord’s negligent or wrongful actsin storingthe property.
The landlord is liable to the tenant only for the landlord’s negligent or wrongful acts in storing the property.
(b) After the expiration of the 30-day period, the landlord may the property or the value thereof if the landlord has made reasonablef efforts to locate the tenant, has notified the tenant in writing of his or herintentiontodisposeofthepropertyand14dayshaveelapsedsince the notice was given to the tenant.
(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 reasonable efforts to locate the tenant, has notified the tenant in writing of his or her intention to dispose of the property and 14 days have elapsed since the notice was given to the tenant.
landlord 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:
118C.230 1.
Except as otherwise provided in subsection 3, a landlord who leases or subleases any commercial premises under 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:
The notice must be mailed, by certified mail, return receipt requested, to the tenant at the tenant’s present address, - 80th Session (2019) – 27 – and if that address is unknown, then at the tenant’s last known address.
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.
(b) Thelandlord maycharge andcollect thereasonableand actual costs of inventory, moving and safe storage, if necessary, before releasing the abandoned personal property to the tenant or his or her authorized representative rightfully claiming the abandoned personal property within the appropriate period set forth in paragraph (a).
(b) The landlord may charge and collect the reasonable and actual costs of inventory, moving and safe storage, if necessary, before releasing the abandoned Conference Committee Amendment No.
CA6 to Senate Bill No.
151 Fourth Reprint Page 22 personal property to the tenant or his or her authorized representative rightfully claiming the abandoned personal property within the appropriate period set forth in paragraph (a).
If a written agreement between a landlord and a person who has an ownership interest in any abandoned personal property of the of abandoned personal property, the provisions of the agreementosal determine the rights and obligations of the landlord and the person with respect to the removal and disposal of the abandoned personal property.
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 agreement determine the rights and obligations of the landlord and the person with respect to the removal and disposal of the abandoned personal property.
~~~~~ 19 - 80th Session (2019)