SB 78 — Makes various changes relating to property. (BDR 10-623)

Section 9 of this bill provides that if a landlord changes his or her agent, broker or property management company, the landlord or the new agent, broker or company is required to send certain information to the tenant within 10 business dayExistingdays lawafter prohibits a landlord from increasing the rentchange. of a tenant unless the tenant is served with advance notice of the increase.

(NRSExisting 118A.300)law Section 18 of this bill similarly prohibits a landlord from increasing certainthe fees,rent finesof anda costs charged to the tenant unless the tenant is served with advance notice of the increase.

Existing(NRS law118A.300) providesSection that18 ifof a- tenant’s82nd failureSession to(2023) perform– basic3 obligations– canthis bebill remediedsimilarly byprohibits cleaninga andlandlord thefrom tenantincreasing failscertain tofees, complyfines withand acosts requestcharged to remedy such failure in a timely manner, the landlordtenant mayunless enter the dwellingtenant unit,is causeserved thewith workadvance tonotice beof done and bill the tenant.increase.

(NRSExisting 118A.440)law Sectionprovides 22that ofif thisa billtenant’s deletesfailure thiExistingto lawperform requiresbasic aobligations can be remedied by cleaning and the tenant fails to becomply served with certaina noticesrequest relating to evictions.remedy such failure in a timely manner, the landlord may enter the dwelling unit, cause the this provision of existing law.nant.

(NRS 118A.440) Section 22 of this bill deletes Existing law requires a tenant to be served with certain notices relating to evictions.

(NRS 40.280) In addition to the existing requirements concerning such agents, section 25 of this bill prohibits the agent fromfromExisting beinglaw employedauthorizes as a propertynongovernmental managerlegal or commercial entity to be represented by its director, officer or employee in thisan State.action in small claims court.

represented by its director, officer or employee in an action in small claims court.

Finally, section 27 of this bill provides that a rental agreement entered into before the effective date of this bill is binding upon the parties and may be enforced conflicton withor theafter amendatorythat provisionsdate, regardless of thiswhether bill.isionsthe provisions of the rental agreement THEconflict PEOPLEwith OFthe THEamendatory STATEprovisions OFof NEVADA,this REPRESENTEDbill. IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or (b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to - *SB78_R1* – 4 – 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 - 82nd Session (2023) – 4 – restore the dwelling to the condition that existed before the modification, reasonable wear and tear excepted.

Except as otherwise provided in subsection 4, a landlord may not increase the amount of a security deposit the landlord customarily requires a person to deposit because that person has requested authorization to modify a dwelling pursuant totorson has subsection 1.

“Grace period” means a period of time, not less than 3 days, during which rent can be paid late by a tenant.

“Security deposit” means a deposit paid in cash, by check or by any other acceptable manner to a landlord for any of the1.ollRemedying any default of the followingtenant purposes:in the payment of periodic rent, including, without limitation, the cost of any fee for the late payment of rent.

1.

Remedying any default of the tenant in the payment of periodic rent, including, without limitation, the cost of any fee for the late payment of rent.

A landlord maywho chargecollects from a singleprospective tenant any fee forto theapply submissionto ofrent a rentaldwelling unit, including, without limitation, an application byfee, everya prospectivefee tenantto whoobtain intendsa credit report or a fee to occupyobtain onea dwellingbackground unit.check, shall refund the fee to the prospective tenant if the landlord:

If(a) aRents landlord has charged a fee for the submissiondwelling ofunit ato rental application from a prospectivedifferent tenant or multiple prospective tenantstenant; that intend to occupy one dwelling unit, the landlord may not charge other prospective - *SB78_R1* – 5 – tenants a fee for the submission of a rental application for the same dwelling unit unless the initial application or applications, as applicable, for that dwelling unit have been denied.

and (b) Does not conduct the activity for which the fee was collected, including, without limitation, processing the application - 82nd Session (2023) – 5 – or obtaining a credit report or background check of the prospective tenant.

TheA feelandlord describedshall in subsection 1 must not exceedcollect thean directapplication andfee, actuala costsfee ofto theobtain landlorda incredit processingreport theor application,a including,fee withoutto limitation,obtain reasonablea personnelbackground andcheck administrativefor costs.a min3.

whAs used in this section:sehold of the prospective tenant.

(a) “Household” means an association of persons who live in the same home or dwelling and who are related by blood, adoption, marriage or domestic partnership.

(b) “Minor” means a person who is under 18 years of age.

The delivery of the itemized, written accounting must be effectuatedeff(a) byPersonally handing the landlorditemized, by:written accounting to the tenant at the place where rent is paid by the tenant;

(a) Personally handing the itemized, written accounting to the tenant at the place where rent is paid by the tenant;

Any action for the enforcement of any provision of a rental agreement must be commenced not later than 2 years after the termination of the tenancy, as established by the rental agreement.

Within 10 business days after the landlord changes his or her agent, broker or property management company, the - 82nd Session (2023) – 6 – landlord or the new agent, broker or company shall provide written notification to the tenant which must contain:

and 2.transferred, in its entirety without deductions, to the new entity and that no additional security deposit is required to be paid by the tenant.

A statement that the security deposit of the tenant was transferred, in its entirety without deductions, to the new entity - *SB78_R1* – 6 – and that no additional security deposit is required to be paid by the tenant.

2.agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time.

The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time.

(e)- [Fees]82nd SubjectSession to(2023) the– limitations7 set– forth in NRS 118A.220, fees, fines and costs which are [required] to be paid by the tenant and the purposes for which they are required.

- *SB78_R1* – 7 – [(i)] (h) A listing of persons or numbers of persons who are to occupy the dwelling.

(1) A nuisance.

(n) A separate appendix that contains a clear and concise explanation of each fee that may be charged during the term of the rental agreement and the purpose for which the fee may be charged.

The appendix must state with specificity:

(1) For each fee that is variable, that the cost to be paid by the tenant is the actual cost incurred and that no additional fee will be added unless the fee is for a charge incurred by the tenant, including, without limitation, a late fee;

and (2) For each fee that is fixed or provided by a third-party vendor, the current amount of the fee.

explanation of the rights of the tenant pursuant to federal and state laws and local ordinances.

- 82nd Session (2023) – 8 – (a) There are rebuttable presumptions in NRS 205.0813 and 205.0817 that the tenant does not have lawful occupancy of the dwelling unless the agreement:

(1) Is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS;

andandngage in (2) Includes the current address and telephone number of the landlord or his or her authorized representative;

The range of all fees, fines and costs, known or reasonably known, and the purpose for which they are required and the range of totals must be:

(a) Disclosed in writing to the tenant before he or she enters into a written rental agreement or otherwise commences the tenancy;

and (b) Clearly and conspicuously printed on the first page of the written rental agreement or clearly and conspicuously disclosed - *SB78_R1* – 8 – within the addenda to the rental agreement, if applicable, that must be signed by the landlord or his or her agent and the tenant or his or her agent.

6.

[6.]6. 7.

It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to use any written agreement which does not conform to the provisions of this section, and any provision in an agreement which contravenes the provisionsprovisions, of this section is void.

[7.]7. 8.

It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to charge a tenant a fee in an amount or for any purpose that is not set forth in the appendix to the rental agreement that is required pursuant to paragraph (n) of subsection 3.

8.

- 82nd Session (2023) – 9 – 2.

3.

In the absence of an agreement, either written or oral:

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

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

- *SB78_R1* – 9 – Sec.

(1) The landlord’s attorney’s fees, except that the agreement may provide that reasonable attorney’s fees may be awarded to thetheent prevailing party in the event of court action;

- 82nd Session (2023) – 10 – Sec.

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 3m2.thsIn months’lieu periodicof rent.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 rental agreement to:

2.

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 rental agreement to:

Upon termination of the tenancy by either party for any reason, the landlord may claim of the security deposit or surety - *SB78_R1* – 10 – bond, or a combination thereof, only such amounts as are reasonably necessary to [remedy] :

and (c)5. Clean the premises.

5.

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.] - 82nd Session (2023) – 11 – 6.

or (b) Mailing the itemized, written accounting to the tenant at the present address of the tenant, if known, or the last knownknownat address of the tenant, if the present address of the tenant is unknown.

- *SB78_R1* – 11 – [8.

In any action relating to an amount claimed of a security deposit or surety bond, or a combination thereof, by a landlord for repairing damage to the premises caused by the tenant other than normalnor(a) wear,That the landlorddamage hasto the burdenpremises occurred during the tenancy of proving:the tenant;

(a) That the damage to the premises occurred during the tenancy of the tenant;

Sec.Secs.

16.16 and 17.

17.

(Deleted by amendment.) Sec.

1.- 82nd Session (2023) – 12 – tenant with a written notice, [60] at least 60 days or, in the case of any periodic tenancy of less than 1 month, [30] at least 30 days in advance of the first rental payment to be increased, advising the tenant of the increase.

The rent payable by a tenant unless the landlord serves the tenant with a written notice, [60] at least 60 days or, in the case of any periodic tenancy of less than 1 month, [30] at least 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 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 the dwelling unit in a habitable condition and requesting that the landlord adequately remedies the failure or uses his or her best efforts to remedy the failures.failure within 14 days after receipt of the notice, the tenant may not proceed under this section.

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, the tenant may not proceed under this section.

- *SB78_R1* – 12 – (a) Terminate the rental agreement immediately.

2.

The tenant may not proceed under this section:

- 82nd Session (2023) – 13 – 3.

A tenant may not proceed under this section unless the tenant hasmay, givenwithout noticegiving asthat requirednotice:subsection by subsection 1, except that the tenant(a) may,Recover withoutdamages givingunder thatparagraph notice:(b) of subsection 1 if the landlord:

(a) Recover damages under paragraph (b) of subsection 1 if the landlord:

A tenant does not have a defense to an eviction under - *SB78_R1* – 13 – paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.

Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession- and82nd recoverSession (2023) – 14 – has exercised due diligence to evict the actualholdover tenant or remedyrd the condition keeping the new tenant from taking possession, the landlord is not liable for damages sustained..

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 .

(a) Procure reasonable amounts of such essential items or services during the landlord’s noncompliance and deduct their actual and reasonable cost from the rent;

or - *SB78_R1* – 14 – (d) Procure other housing which is comparable during the landlord’s noncompliance, and the rent for the original premises fully abates during this period.

2.proceed under NRS 118A.350 and 118A.360 as to that breach.ant may not 3.

If the tenant proceeds under this section, the tenant may not proceed under NRS 118A.350 and 118A.360 as to that breach.

3.

or (2)- Has82nd receivedSession written(2023) notice– of15 the– uninhabitable condition caused by such a lack from a governmental agencyagencye authorized to inspect for violations of building, housing or health codes.

If such a condition was caused by the deliberate or negligent act or omission of the tenant, a member of his or her household or otherno personrights onunder thethis premisessection.with with his or her consent, the tenant has noSec. rights under this section.

Sec.

The itemized bill must be paid as rent on the next date periodic rent is due, or if the rental agreement has - *SB78_R1* – 15 – terminated, may be submitted to the tenant for immediate payment or deducted from the security deposit.

23.

(Deleted by amendment.) Sec.

(a)- Before82nd theSession close(2023) of– business16 on– the seventh judicial day following the day of service;

ororess on the seventh judicial day (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 landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in subsection 2 of NRS 40.2542.

If the notice cannot be delivered in person, thethection 2 of landlord or the landlord’s agent:

- *SB78_R1* – 16 – 3.

A notice served pursuant to subsection 1 or 2 must:

(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- the82nd tenantSession or(2023) an– order17 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.

5.

Upon noncompliance with the notice:

(3) The amounts of any cleaning, security or rent deposits paid inin(4) advance,The indate excess of the firstrental month’spayments rent,became bydelinquent.he the tenant.

(4)(5) The datelength of time the rentaltenant paymentshas becameremained delinquent.in possession without paying rent.

- *SB78_R1* – 17 – (5) The length of time the tenant has remained in possession without paying rent.

(b)- Except82nd whenSession the(2023) tenant– has18 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 relief, and, except as otherwiseotherwisel provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

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 for the inventory, moving and storage of personal propertydays leftafter onthe summary order for removal of the premises.tenant or then 20 abandonment of the premises by the tenant, or within 20 days after:

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:

and - *SB78_R1* – 18 – (b) A copy of those charges has been requested by or provided to the tenant,  whichever is later.

The hearing must be held- within82nd 10Session days(2023) after– 19 – affix the filingdate of the motion.hearing to the motion and order a copy served upon the 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.

The hearing must be held within 5 daysthe afterhearing to the filingmotion and order a copy served upon the landlord of by the motion.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.

11.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] fee for late [payments] payment of rent [or dishonored checks,] or a security deposit.

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] fee for late [payments] payment of rent [or dishonored checks,] or a security - *SB78_R1* – 19 – deposit.

(a)- The82nd tenantSession of(2023) a– mobile20 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.

(b) If the tenant is absent from the tenant’s place of residence or from the tenant’s usual place of business, by leaving a copy with a or person of suitable age and discretion at either place and mailing a copy to the tenant at the tenant’s place of residence or place of business.

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.

If - *SB78_R1* – 20 – the occupant is unknown, the notice must be addressed to “Current Occupant.” (c)- If82nd aSession person(2023) of– suitable21 age– or discretion cannot be found at the real property, by posting a copy in a conspicuous place on thethet property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated.

5.inclusive, that must be filed before the court may issue an order or writ filed pursuant to paragraph (a), (b) or (c) 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 or writ filed pursuant to paragraph (a), (b) or (c) of subsection 4 must consist of:

andand(III) (III) Believes to the best of his or her knowledge that such service complies with the requirements of this section.

(3) If the notice was served pursuant to paragraph (b) or (c) of subsection 2, an affidavit or declaration signed under penalty of - *SB78_R1*82nd –Session 21(2023) – perjury22 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.

(a) Except(1) asIf otherwisethe providednotice inwas paragraphsserved (b)pursuant to subsection 2 of NRS 40.2542, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, and (c):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 NRS 40.2542, 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.

The statement must also include the number of the badge or license of the person who served the notice.

number of the badge or license of the person who served (c) For a short-term tenancy, if service of the notice was not delivered in person:

- 82nd Session (2023) – 23 – (II) Time, date and manner of the service;

- *SB78_R1* – 22 – 7.

Sec.73.0126.

26.N1.

NRS 73.012 is hereby amended to read as follows:

73.012 1.

TEXT~~~~~ OF23 REPEALED- SECTION82nd 118A.240Session “Security(2023) deposit” defined.

- *SB78_R1* – 23 – 1.

Any payment, deposit, fee or charge that is to be used for any of the following purposes is a “security deposit” and is governed by the provisions of this section and NRS 118A.242 and 118A.244:

(b) Repairing damages to the premises other than normal wearent.

caused by the tenant.

(c) Cleaning the dwelling unit.

2.

“Security deposit” does not include:

(a) Any payment, deposit or fee to secure an option to purchase the premises;

or this State as a surety, guarantor or obligator for a premium paid to secure a surety bond or a similar bond, guarantee or insurance coverage for purposes of securing a tenant’s obligations to a landlord as described in NRS 118A.242.

H - *SB78_R1*