Revises provisions relating to landlords and tenants. (BDR 10-880)
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AB 308 — Revises provisions relating to landlords and tenants. (BDR 10-880)
Last action — Chapter 95.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 16, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
581 added · 621 removed581 line(s) added, 621 removed.
A.B.Assembly Bill No.
308308–Assemblyman ASSEMBLYFrierson BILLNCHAPTER.......... O.
308–A SSEMBLYMAN F RIERSON M ARCH 16, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to landlords and tenants.
(BDR 10-880) 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.
payment of rent as set forth in the rental agreement, but such a late fee must notnote exceed 5 percent of the amount of the periodic rent and the maximum amount of the late fee must not be increased based upon a late fee that was previously imposed.
(NRS 118A.210) Section 2 of this bill provides that in a tenancy that is longer than week to week, no late fee may be charged or imposed until at least 3 calExistingcalendar lawdays definesafter the termdate “security”that forrent theis purposesdue. of the Residential Landlord and Tenant Act.
(NRSLandlord 118A.240) Section 3 of this bill changes the term “security” to “security deposit.” Sections 1, 4-6 and 8-14Tenant ofAct. this bill make conforming changes to reflect the changed definition.
(NRS 118A.240) Section 3 of this bill changes the terml “security” to “security deposit.” Sections 1, 4-6 and 8-14 of this bill make conforming changes to reflect the changed definition.
-EXPLANATION *AB308* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
or (b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to - 81st Session (2021) – 2 – ensure that the person with the disability may use and enjoy the dwelling.
A landlord may, as a condition for the authorization of such a modification, reasonably require the person who requests the authorization, upon the termination of his or her occupancy, to restore the dwelling to the condition that existed before thetheto modification, reasonable wear and tear excepted.
pursuant(a) toIs subsectionnecessary 2;sureto ensure the restoration of the dwelling (b)pursuant Doesto notsubsection exceed2; the actual cost of the restoration;
(b) Does not exceed the actual cost of the restoration;
Rent is payable without demand or notice at the timetim2.andUnless 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 placein agreedall uponother bycases the parties.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 - *AB308* – 3 – weekly rent and in all other cases the tenancy is from month to month.
and - 81st Session (2021) – 3 – [(b)] (c) The maximum amount of the late fee must not be increased based upon a late fee that was previously imposed.
Any payment, deposit, fee or charge that is to be used for any of the following purposes is [“security”] a “security deposit” and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
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.
In lieu of paying all or part of the security deposit required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenant’s obligation to the landlord under the(a) Remedy any default of the rentaltenant agreementin to:the payment of rent.
(a) Remedy any default of the tenant in the payment of rent.
- *AB308* – 4 – 3.
Upon termination of the tenancy by either party for any reason, the landlord may claim of the security deposit or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the - 81st Session (2021) – 4 – premises.
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, and return any remaining portion of the security deposit to the tenant no later than 30 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.
and (c) The degree of harm to the tenant caused by the landlord’s conduct.con8.ct.Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security deposit under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section.
8.
Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security deposit under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section.
- *AB308* – 5 – 9.
Upon termination of the landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his or her agent shall, within a reasonable time, do one of the following, which relieves the - 81st Session (2021) – 5 – landlord of further liability with respect to the security deposit or surety bond, or a combination thereof:
(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,thereof,e portion remaining after making any deductions allowed under NRS 118A.242.
(a) Shall accept the tenant’s security deposit or surety bond, or a com(b) Shall not require any additional security deposit or surety bond, or a combination thereof;thereof, from the tenant during the term of the rental agreement.
and (b) Shall not require any additional security deposit or surety bond, or a combination thereof, from the tenant during the term of the rental agreement.
Show all 94 changed lines (54 more)
118A.250 The landlord shall deliver to the tenant upon the tenant’s request a signed written receipt for the security deposit or surety bond, or a combination thereof, and any other payments, deposits or fees, including rent, paid by the tenant and received by - *AB308* – 6 – the landlord.
118A.300 The landlord may not increase the rent payable by a tenant unless [it] the landlord serves the tenant with a written notice, [45] 60 days or, in the case of any periodic tenancy of less - 81st Session (2021) – 6 – than 1 month, [15] 30 days in advance of the first rental payment to be increased, advising the tenant of the increase.
Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section.
A tenant may not proceed under this section unless the tenant has given notice as required by subsection 1, except that the tenantparagraph may,(b) withoutof givingsubsection that1 notice,if recoverthe landlord:r damages under paragraph(a) (b)Admits to the court that the landlord had knowledge of subsectionthe 1condition ifconstituting the landlord:breach;
(a) Admits to the court that the landlord had knowledge of the condition constituting the breach;
Except as otherwise provided in this chapter, if a landlord fails to maintain a dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain - *AB308* – 7 – the dwelling unit in a habitable condition and requesting that the landlord remedy the failures.
If a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice,- 81st Session (2021) – 7 – fails to remedy a material failure to maintain the tenantdwelling mayunit notin proceedad underhabitable thiscondition section.or to make a reasonable effort to do so within the prescribed time, the tenant may:
If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant may:
or (b) If the landlord’s inability to adequately remedy the failure or use his or her best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or this chapter.
or (2) Has received written notice of that condition from a governmentalbuilding, agencyhousing authorizedor tohealth inspectcodes.inspect for violations of building,(b) housingWithhold orrent healthunder codes.paragraph (d) of subsection 1 if the landlord:
(b) Withhold rent under paragraph (d) of subsection 1 if the landlord:
and - *AB308*81st Session (2021) – 8 – (2) Fails to remedy or attempt in good faith to remedy the failure within the time prescribed in the written notice of that condition from the governmental agency.
Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court.
Sec.118A.390 NRS 1.
11.
NRS 118A.390 is hereby amended to read as follows:
118A.390 1.
(b)- 81st Session (2021) – 9 – and(b) The course of conduct between the landlord and the tenant;
and - *AB308* – 9 – (c) The degree of harm to the tenant caused by the landlord’s conduct.
If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.
(b)(c) AwardEnjoin damagesthe pursuantlandlord tofrom violating the provisions of subsection 1;1 and, if the circumstances so warrant, hold the landlord in contempt of court.
and (c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
- 81st Session (2021) – 10 – Sec.
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate -remedy:tal *AB308* – 10 – the rental agreement and the tenant may, in addition to any other remedy:(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.
(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.
118A.440 If the tenant’s failure to perform basic obligations under this chapter can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to use his or her best efforts to comply within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time or more promptly if conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost, or the fair and reasonable value of the work.
Except as otherwise provided in subsection 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 with periodic rent reserved by the- month81st orSession any(2021) shorter– period11 is– in default in payment of the rent, the landlord or the landlord’s agent may cause to be served a noticenotice, in writing, requiring in the alternative the payment of the rent or the surrender of the premises:
or - *AB308* – 11 – (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 request for service by the sheriff or constable is made after noon, the “day of service” shall bemade deemedfor toservice beby the daysheriff nextor followingconstable.y the day that the request is made2. for service by the sheriff or constable.
2.
The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlord’s agent informed the tenant of the provisions of this section which set forth the lawful proceduresacceptance, the sheriff or constable shall serve the notice within 48 hours after the request for evictionservice fromwas amade short-termby tenancy.the landlord or the landlord’s agent.
Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.
(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- over81st theSession matter(2021) stating– that12 the– tenant has tendered payment or is not in default in the payment of the rent;
tendered (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.
The sheriff or - *AB308* – 12 – constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order;
If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlord’s agent, after receipt of a file-stamped copy of the affidavit which was filed, shall notnotreceipt provide for the nonadmittance of the tenant to the premises by locking or otherwise.
The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order.ord(1) The date the tenancy commenced.tain:
The affidavit must state or contain:
(1) The date the tenancy commenced.
(7)- A81st statementSession that(2021) the– written13 – tenant in accordance with NRS 40.280.n notice was served on the tenant(8) inA accordancecopy withof NRSthe 40.280.written notice served on the tenant.
(8) A copy of the written notice served on the tenant.
- *AB308* – 13 – 6.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant.
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 thethethe amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises.
and (b)- A81st copySession of(2021) – 14 – to the tenant,of those charges has been requested by or provided to the tenant, whichever is later.
and - *AB308* – 14 – (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.
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 motion must be filed within 5 days after thethen 3 tenant has vacated or been removed from the premises.
(a) Whether the landlord acted in good faith;
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 - 81st Session (2021) – 15 – payments of rent or dishonored checks, or a security [.] deposit.
Except as otherwise provided in NRS 118A.315, this sectionsec(a) doesThe nottenant applyof to: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.
(a) 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.
- *AB308* – 15 – 13.
H~~~~~ 21 - *AB308*81st Session (2021)
Show all 94 changed rows (54 more)
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Action History
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Chapter 95.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 13, Nays: 8.) To Assembly. In Assembly. To enrollment.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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Read third time. Passed. Title approved. (Yeas: 34, Nays: 8.) To Senate.
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Read second time.
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Taken from Second Reading File. Placed on Second Reading File for next legislative day.
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From committee: Do pass.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Jason Frierson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 308?
- AB 308 is sponsored by Jason Frierson.
- What is the current status of AB 308?
- This bill has been enacted into law. Introduced March 16, 2021. Enacted.
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