Nevada 2019 Regular Session Status: In Committee 2 D cosponsors

SB 256 — Revises various provisions relating to landlords and tenants. (BDR 10-569)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to housing; revising provisions relating to the return of security deposits; limiting the amount of fees for late rent; revising provisions relating to the recovery of damages by a tenant for a landlord's failure to maintain a dwelling unit in a habitable condition; requiring a landlord to allow a former tenant to retrieve essential personal effects and establishing an expedited procedure if a landlord acts unreasonably under such circumstances; authorizing a tenant to take certain actions if a landlord abuses the right of access to a dwelling unit or uses that right to harass the tenant; making various other changes to provisions relating to housing; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

659 added · 723 removed

659 line(s) added, 723 removed.

→
Previous
Latest
S.B.
(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT S.B.
256–S ENATORS C ANCELA , SPEARMAN , RATTI, P ARKS ;
256–SENATORS C ANCELA , SPEARMAN , RATTI, PARKS ;
HARRIS, OHRENSCHALL , CHEIBLE AND W OODHOUSE M ARCH 11, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to discrimination in housing and various provisions relating to landlords and tenants.
D.
HARRIS, OHRENSCHALL , CHEIBLE AND W OODHOUSE M ARCH 11, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises various provisions relating to landlords and tenants.
revising provisions relating to discrimination in housing;
Existing law, commonly referred to as the Nevada Fair Housing Law, prohibits discrimination in housing, including discrimination when selling or renting a dwelling on the basis of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
practices on the basis that the income of a person is derived from governmental benefits.
Existing law prohibits certain acts and practices relating to discrimination in housing on the basis of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
(NRS 118.100) Section 2 of this bill further prohibits discrimination in such acts - *SB256* – 2 – and practices on the basis that the income of a person is derived from governmental benefits.
In addition, section 2 prohibits a person from refusing to rent a dwelling in a low-income housing project or qualified low-income housing project to an applicant because the applicant has a previous history of an inability to pay rent.
(NRS 118A.030-118A.170) Sections 5, 6 and 9 of this bill add new definitions and revise certain existing changes.ons, and sections 3, 11-14, 16, 18, 19 and 23 of this bill make conforming Existing law establishes the manner in which a landlord may receive a security deposit or surety bond, or combination thereof to secure a rental agreement.
(NRS 118A.030-118A.170) Sections 5, 6 and 9 of this bill add new definitions and revise certain existing definitions, and sections 3, 12-14, 16, 18, 19 and 23 of this bill make conforming chaExisting law establishes the manner in which a landlord may receive a security deposit or surety bond, or combination thereof to secure a rental agreement.
(NRS 118A.242) Section 7 of this bill allows a tenant, upon termination of a rental agreement, to request an initial inspection of the premises by the landlord so that the tenant has an opportunity to remedy any deficiency that may otherwise cause a deduction in the security deposit or from the surety bond.
(NRS 118A.242) Section 7 of this bill allows a tenant, upon termination of a rental agreement, to request an initial remedy any deficiency that may otherwise cause a deduction in the security deposito or from the surety bond.
In addition, section 7 allows a tenant who requests an initial inspection to request a final inspection within 3 days after vacating the return of the security deposit within 30 days and makes a landlord liable for certain amounts for failing to return the security deposit within that period.
In addition, section 7 allows a tenant who requests an - *SB256_R1* – 2 – premises and receive a statement of any deficiencies.
(NRS 118A.242) Section 11 of this bill reduces that to 14 days after termination of the tenancy, or within 5 days after a final inspection pursuant to section 7, whichever is earlier.
Existing law requires thethe return of the security deposit within 30 days and makes a landlord liable for certain amounts for failing to return the security deposit within that period.
(NRS 118A.242) Section 11 of this bill reduces that to 21 days after termination of the tenancy.
Section 10 of this bill authorizes a landlord to charge a reasonable late fee for the late payment of rent, but prohibits imposition until 3 days after rent is due and limits the maximum amount that may be imposed for a late fee to not more than 5 perExisting law requires a tenant who seeks to recover damages from a landlord who has failed to maintain the dwelling unit in a habitable condition to first give written notice to the landlord specifying each condition constituting the failure to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy that condition.
Section 10 of this bill provides that notwithstanding any provision in a rental agreement to the contrary, all payments from a tenant must be applied first to any requests otherwise in writing.e time of making a specific payment, the tenant Existing law requires a tenant who seeks to recover damages from a landlord who has failed to maintain the dwelling unit in a habitable condition to first give written notice to the landlord specifying each condition constituting the failure to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy that condition.
Existing law also allows the tenant to withhold rent from the landlord until the landlord has remedied the condition, but requires the tenant to deposit the withheld rent into an condition as a defense to an eviction.
Existing law also allows the tenant to withhold rent from the landlord until the landlord has escrow account as a condition of raising the landlord’s failure to remedy theinto an condition as a defense to an eviction.
Section 15 also clarifies that a tenant who is seeking to recover actual damages from a landlord who has failed to maintain the dwelling unit in a habitable condition may raise a defense to an eviction without depositing the withheld rent into an escrow account.
Existing law prohibits a tenant from unreasonably withholding consent for the landlord to enter the dwelling unit to inspect the premises, make repairs, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit the landlord to enter the dwelling unit without consent of the tenant in anuthorizes emergency and prohibits the landlord from abusing the right of access or using it to harass the tenant.
Existing law prohibits a tenant from unreasonably withholding consent for the landlord to enter the dwelling unit to inspect the premises, make repairs, alterations to persons with an interest in inspecting the premises.
(NRS 118A.330) Existing law also authorizes a tenant to take certain actions, such as recovering immediate possession, terminating the rental agreement and recovering damages, if the landlord:
Existing law also authorizes the landlord to enter the dwelling unit without consent of the tenant in an emergency and prohibits the landlord from abusing the right of access or using it to harass the tenant.
(1) unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises;
(NRS 118A.330) Existing law also authorizes a tenant to take certain actions, such as recovering immediate possession, terminating the rental - *SB256* – 3 – agreement and recovering damages, if the landlord:
(2) willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or the Residential Landlord and Tenant Act;
(1) unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the interruption of any essential item or service required by the rental agreements or the Residential Landlord and Tenant Act;
or (3) unlawfully recovers possession to take such actions if the landlord abuses the right of access to the dwelling unit or uses that right to harass the tenant.
or (3) unlawfully recovers possession of the dwelling unit.
Existing law sets forth a procedure for a landlord to dispose of personal 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.
(NRS 118A.390) Section 17 of this bill authorizes the tenant to take such actions if the landlord abuses the right of access to the dwelling unit or uses that right to harass the tenant.
Existing law sets forth a procedure for a landlord to dispose of personal eviction of the tenant without incurring civil or criminal liability.
Section 22 of this bill establishes an expedited procedure for a former tenant to retrieve essential personal effects if a landlord acts unreasonably in providing access to the former tenExisting law prohibits a landlord from refusing to accept rent from a tenant submitted after the landlord or the landlord’s agent serves notice requiring payment of the rent or surrender of the premises 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.
Section 22 of this bill establishes an expedited procedure for a former tenant to retrieve essential tenant to retrieve essential personal effects.ly in providing access to the former Existing law prohibits a landlord from refusing to accept rent from a tenant submitted after the landlord or the landlord’s agent serves notice requiring payment of the rent or surrender of the premises 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 - *SB256_R1* – 3 – reasonable charge for late payments of rent or dishonored checks, or a security.
NRS 118.020 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
118.020 1.
It is hereby declared to be the public policy of the State of Nevada that all people in the State have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status , [or] sex [.] or income derived from governmental benefits.
Nothing in this chapter shall be deemed to render enforceable a conveyance or other contract made by a person who lacks the capacity to contract.
(Deleted by amendment.) Sec.
As used in this section, “income derived from governmental benefits” means any money or other benefits received pursuant to any federal, state or local governmental program or service.
Sec.
2.
NRS 118.100 is hereby amended to read as follows:
118.100 1.
A person shall not, because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status , [or] sex [:] or income derived from governmental benefits:
- *SB256* – 4 – [1.] (a) Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
[2.] (b) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
[3.] (c) Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any preference, limitation or discrimination.
As used in this [subsection,] paragraph, “dwelling” includes a house, room or unit described in subsection 2 or 3 of NRS 118.060.
Show all 138 changed rows (98 more)
Previous
Latest
[4.] (d) Represent to any person because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
[5.] (e) For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
[6.] (f) Coerce, intimidate, threaten or interfere with any person aided or encouraged any other person in the exercise or enjoymenting of, any right granted or protected in this chapter.
2.
A person shall not refuse to rent a dwelling in a low- income housing project or qualified low-income housing project to an applicant because the applicant has a prior history of an inability to pay rent.
3.
As used in this section:
(a) “Income derived from governmental benefits” means any money or other benefits received pursuant to any federal, state or local governmental program or service.
(b) “Low-income housing project” has the meaning ascribed to it in 42 U.S.C.
§ 1437a(b)(1).
(c) “Qualified low-income housing project” has the meaning ascribed to it in 26 U.S.C.
§ 42(g).
Sec.
3.
- *SB256* – 5 – (a) Authorize a person with a disability to make reasonable modifications to a dwelling which he or she occupies or will occupy if:
(a) Authorize a person with a disability to make reasonable modifications to a dwelling which he or she occupies or will occupy if:
pursuant to subsection 2;sure the restoration of the dwelling (b) Does not exceed the actual cost of the restoration;
(a) Is necessary to ensure the restoration of the dwelling pursuant to subsection 2;
(b) Does not exceed the actual cost of the restoration;
5.
- *SB256_R1* – 4 – 5.
“Security deposit” means an amount of money paid in cash, by check or other acceptable manner to a landlord to - *SB256* – 6 – secure payment or performance of a tenant’s obligations under a lease or this chapter and any interest or other identifiable proceeds from that amount.
1.
The term does not include rent or nonrefundable fees, including any amount payable by a tenant to a landlord which the landlord has no obligation to account for or return to the tenant, except if the landlord does not deliver physical possession of the dwelling unit to the tenant as required pursuant to this chapter.
“Security deposit” means any payment, deposit, fee or charge paid in cash, by check or other acceptable manner to a landlord for any of the following purposes:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damage to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.
2.
The term does not include any payment, deposit or fee to secure an option to purchase the premises.
If the tenant the statement to the tenant at that time.
If the tenant is present during the initial inspection, the landlord shall provide the statement to the tenant at that time.
4.
- *SB256_R1* – 5 – 4.
Upon receipt of an itemized statement pursuant to subsection 3, the tenant may take any action necessary to remedy a deficiency identified in the statement in a manner consistent with the rights and obligations of the parties under the rental agreement.
Upon receipt of an itemized statement pursuant to subsection 3, except as otherwise provided in this subsection, the tenant may take any action necessary to remedy a deficiency identified in the statement in a manner consistent with the rights and obligations of the parties under the rental agreement.
The tenant shall not take any action to remedy a deficiency relating to a mechanical, electrical or plumbing system the repair of which requires professional licensure to perform.
A tenant who requests an initial inspection pursuant to subsection 1 may request a final inspection of the premises which must be conducted not later than 3 days after the tenant vacates the premises.
A tenant who requests an initial inspection pursuant to subsection 1 may request a final inspection of the premises which must be conducted not later than 21 days after the tenant vacates the premises.
If there are no deficiencies identified during the final inspection, the landlord shall return the full amount of the security deposit to the tenant in accordance with NRS 118A.242.
If a deficiency is identified during the final inspection, the landlord shall provide the tenant an itemized statement of each deficiency and the amount to be withheld to resolve the deficiency from the - *SB256* – 7 – security deposit or surety bond, or combination thereof, as applicable, and the amount to be returned after deducting such amounts as set forth in NRS 118A.242.
The provisions of this section do not apply to a tenant who vacates the premises pursuant to an order for removal or a writ of restitution.
The provisions of this section:
(a) Do not apply to a tenant who vacates the premises pursuant to an order for removal or a writ of restitution.
(b) Must not be construed to preclude a landlord from making a deduction from the security deposit or surety bond, or combination thereof, as applicable, for a deficiency that was not reasonably observable during an initial or final inspection of the premises conducted pursuant to this section.
[, including, without limitation, all reasonable and actual late fees set forth in the rental agreement.] The term does not include a security deposit, service fees, collection fees, damages, costs for repairs, attorney’s fees, late fees or other nonrefundable fees.
[, including, without limitation, all reasonable and actual late fees set forth in the rental agreement.] The term does not include a security deposit, service fees, notice fees, collection fees, damages, costs for repairs, attorney’s fees, late fees or other nonrefundable fees.
tenancy is from week to week in the case of a tenant who paysrm, the weekly rent and in all other cases the tenancy is from month to month.
2.
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.
(a) Rent is payable at the beginning of the tenancy;
- *SB256_R1* – 6 – (a) Rent is payable at the beginning of the tenancy;
A landlord may charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but:
Notwithstanding any provision in a rental agreement to the contrary, all payments from a tenant must be applied first to any outstanding rent unless, at the time of making a specific payment, the tenant requests otherwise in writing.
(a) Such a late fee must not be charged until 3 days after the rent is due and must not exceed 5 percent of the amount of the periodic rent;
and (b) The maximum amount of the late fee must not be increased based upon a late fee that has previously been imposed.
The landlord may not demand or receive a security deposit or a surety bond, or a combination thereof, - *SB256* – 8 – including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.
The landlord may not demand or receive a security deposit or a surety bond, or a combination thereof, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.
The landlord shall provide the tenant with an itemized , written accounting of the disposition of the security deposit or surety bond, or a combination thereof, as applicable, and return any remaining portion of the security deposit to the tenant no later than [30] 14 days after the termination of the tenancy or 5 days after a act, whichever is earlier, by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.
The landlord shall provide the tenant with an itemized , written accounting of the disposition of the security deposit or surety bond, or a combination thereof, as applicable, and return any remaining portion of the security deposit to the tenant no later than [30] 21 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.
If a tenant disputes an item contained in an itemized , written accounting received from a landlord pursuant to subsection 4 [,] or section 7 of this act, the tenant may send a written response disputing the item to the surety.
If a tenant disputes an item contained in an itemized , written accounting received from a landlord pursuant to [subsection] :
If the tenant sends the written response within 30 days after receiving the itemized , written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.
(a) Subsection 4, the tenant may send a written response disputing the item to the surety.
If the tenant sends the written response within 30 days after receiving the itemized , written accounting, the surety shall not report the claim of the landlord to a - *SB256_R1* – 7 – credit reporting agency unless the surety obtains a judgment against the tenant.
(b) Section 7 of this act, the tenant may petition the court for recovery of the damages described in paragraphs (a) and (b) of subsection 6.
If the landlord fails or refuses to return the remainder of a security deposit within [30 days after the end of a tenancy,] the period required pursuant to subsection 4 or if the landlord fails to comply with the provisions of section 7 of this act relating to an initial inspection or final inspection, the landlord is liable to the tenant for damages:
If the landlord fails or refuses to return the remainder of a security deposit within [30] 21 days after the end of a tenancy, the landlord is liable to the tenant for damages:
- *SB256* – 9 – (a) In an amount equal to the entire security deposit;
(a) In an amount equal to the entire security deposit;
telephone number of the landlord’s successor in interest, and that the landlord has transferred to his or her successor in interest the portion of the security deposit or surety bond, or combination thereof, remaining after making any deductions allowed under NRS 118A.242.
(a) Notify the tenant in writing of the name, address and telephone number of the landlord’s successor in interest, and that the landlord has transferred to his or her successor in interest the portion of the security deposit or surety bond, or combination thereof, remaining after making any deductions allowed under NRS 118A.242.
The successor has the rights, obligations and liabilities of the former landlord as to any [securities which are] portion of the security deposit owed under this section or NRS 118A.242 at the time of transfer.
The successor has the rights, obligations and liabilities of the former landlord as to any [securities which are] portion of the - *SB256_R1* – 8 – security deposit owed under this section or NRS 118A.242 at the time of transfer.
or - *SB256* – 10 – (b) Notify his or her successor in writing that the landlord has returned all such security deposits or portions thereof to the tenant.
or (b) Notify his or her successor in writing that the landlord has returned all such security deposits or portions thereof to the tenant.
If the breach is remediable and the landlord adequately remedies the breach or uses his or her best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by make a reasonable effort to do so within the prescribed time, theor tenant may:
If the breach is remediable and the landlord adequately remedies the breach or uses his or her best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach.
If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:
3.
- *SB256_R1* – 9 – 3.
- *SB256* – 11 – (a) Admits to the court that the landlord had knowledge of the condition constituting the breach;
(a) Admits to the court that the landlord had knowledge of the condition constituting the breach;
2.
The tenant may not proceed under this section:
4.
- *SB256_R1* – 10 – 4.
[the landlord:] - *SB256* – 12 – (1) [Admits] The landlord admits to the court that the landlord had knowledge of the condition constituting the failure to maintain the dwelling in a habitable condition;
[the landlord:] (1) [Admits] The landlord admits to the court that the landlord had knowledge of the condition constituting the failure to maintain the dwelling in a habitable condition;
A tenant may raise a defense to an eviction under paragraph (b) of account pursuant to this subsection.withheld rent into an escrow Sec.
Sec.
If the landlord has exercised due diligence to evict the holdover tenant or remedy the condition keeping the new tenant from taking possession, the landlord is not liable for damages;
If the landlord has exercised due diligence to evict the holdover tenant or remedy - *SB256_R1* – 11 – the condition keeping the new tenant from taking possession, the landlord is not liable for damages;
or - *SB256* – 13 – 3.
or 3.
recover immediate possession of the premises from the landlord bymay filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.
4.
Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.
- *SB256* – 14 – 6.
- *SB256_R1* – 12 – 6.
within 7 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
(a) Immediately vacate the premises and notify the landlord within 7 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
- *SB256* – 15 – Sec.
- *SB256_R1* – 13 – Sec.
The itemized bill shall be paid as rent on the next date periodic rent is due, or if the rental agreement has terminated, may be submitted to the tenant for immediate payment or deducted from the security [.] deposit.
The itemized bill shall be paid [as rent] on the next date periodic rent is due, or if the rental agreement has terminated, may be submitted to the tenant for immediate payment or deducted from the security [.] deposit.
The landlord is liable to the tenant only for the landlord’s negligent or wrongful acts in (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.
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 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.
During the 5-day period following the eviction or lockout of a tenant, the landlord shall provide the former tenant a reasonable opportunity to retrieve essential personal effects, including, without limitation, medication, baby formula, basic - *SB256* – 16 – clothing and personal care items.
During the 5-day period following the eviction or lockout of a tenant, the landlord shall provide the former tenant a reasonable opportunity to retrieve essential personal effects, including, without limitation, medication, baby formula, basic - *SB256_R1* – 14 – clothing and personal care items.
Any dispute relating to the reasonableness of this section may be resolved using the procedure provided in subsection 9 of NRS 40.253.
Any dispute relating to the reasonableness of the landlord’s actions pursuant to this section may be resolved using the procedure provided in subsection 9 of NRS 40.253.
or (2) A notice of at least 5 days where the tenant has failed to 118A of NRS.tenant’s basic or contractual obligations under chapter (c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:
or (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.
(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:
Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older - *SB256* – 17 – or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability.
Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, - *SB256_R1* – 15 – other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability.
Except as otherwise provided in subsection [10,] to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, 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 served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:
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, 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 served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:
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 - *SB256* – 18 – request for service is made before noon.
If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing - *SB256_R1* – 16 – pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon.
(1) Of the tenant’s right to contest the matter by filing, within surrender of the premises, an affidavit with the court that hasor jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;
(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;
- *SB256* – 19 – 4.
- *SB256_R1* – 17 – 4.
(8) A copy of the written notice served on the tenant.
If the court determines that there is a - *SB256* – 20 – 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 court determines that there is a - *SB256_R1* – 18 – 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.
Upon the filing of a motion pursuant to subsection 7, the held 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 hearing must be held - *SB256* – 21 – within 3 days after the filing of the motion.
The hearing must be held - *SB256_R1* – 19 – within 5 days after the filing of the motion.
In determining the amount of damages, if any, to be awarded under paragraph (b) of subsection 9, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant;
and (c) The degree of harm to the tenant caused by the landlord’s conduct.
11.
11.
12.
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 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.
caused by the tenant.ages to the premises other than normal wear (c) Cleaning the dwelling unit.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
2.
- *SB256_R1* – 20 – 2.) “Security” does not include:
“Security” does not include:
or (b) Any payment to a corporation qualified under the laws of this State as a surety, guarantor or obligator for a premium paid to secure a surety bond or a similar bond, guarantee or insurance - *SB256* – 22 – coverage for purposes of securing a tenant’s obligations to a landlord as described in NRS 118A.242.
or (b) Any payment to a corporation qualified under the laws of secure a surety bond or a similar bond, guarantee or insuranceaid to coverage for purposes of securing a tenant’s obligations to a landlord as described in NRS 118A.242.
H - *SB256*
H - *SB256_R1*
⬇ Download PDF
View plain text versions (2)

Amendments

1 amendment

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

Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 11, Nays: 10.) To Assembly.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 612.) To printer.

  5. From printer. To committee.

  6. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

8 sponsors · 0 co-sponsors · 59 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (59)

59 members have not signed on to this bill.

Show all 59 →

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

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

Subjects

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

Frequently asked questions

What does SB 256 do?
AN ACT relating to housing; revising provisions relating to the return of security deposits; limiting the amount of fees for late rent; revising provisions relating to the recovery of damages by a tenant for a landlord's failure to maintain a dwelling unit in a habitable condition; requiring a landlord to allow a former tenant to retrieve essential personal effects and establishing an expedited procedure if a landlord acts unreasonably under such circumstances; authorizing a tenant to take certain actions if a landlord abuses the right of access to a dwelling unit or uses that right to harass the tenant; making various other changes to provisions relating to housing; and providing other matters properly relating thereto.
Who sponsors SB 256?
SB 256 is sponsored by Senator Yvanna Cancela, Senator David Parks, Scheible, Melanie (Democratic), Ohrenschall, James (Democratic), Joyce Woodhouse, Harris, Dallas, Julia Ratti, and Pat Spearman.
What is the current status of SB 256?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 256?
Track SB 256 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 256

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 256

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →