AB 340 — Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-77)

(I)(8) TheA copy of the written notice was served on the tenant inpursua(9) accordanceA withcopy NRSof 40.280;the signed written rental agreement, if any.

and (II) The tenant failed to comply with such notice;

(8) A copy of the written notice served on the tenant pursuant to subsection 2;

and (9) A copy of the signed written rental agreement, if any.

A landlord or landlord’s agent who applies for summary eviction pursuant to subsection 3 shall, withinwithin: 15 calendar days after the date on which the affidavit of complaint for summary eviction is filed, serve upon the tenant a file-stamped copy of the affidavit of complaint, a copy of the summons and a notice which must advise the tenant that:

(a) ExceptFifteen ascalendar otherwisedays providedafter inthe subsectiondate 11,on which the tenantaffidavit mustof filecomplaint afor writtensummary answereviction tois filed, serve upon the affidavittenant a file-stamped copy of complaintthe foraffidavit summaryof evictioncomplaint, with or without the courtdocuments thatrequired hasto jurisdictionbe overincluded in the -affidavit *AB340_R1*of –complaint 4pursuant –to mattersubparagraphs not(8) laterand than(9) 10of calendarparagraph days(b) afterof servicesubsection 4, and a copy of the affidavitsummons ofwhich complaintmust foradvise summarythe eviction;tenant that:

(b)(1) IfExcept as otherwise provided in subsection 12, the tenant doesmust not file ana written answer withinto the periodaffidavit describedof incomplaint paragraphfor (a),summary eviction with the court maythat issuehas ajurisdiction summaryover orderthe formatter removalnot oflater thethan tenant7 orcalendar andays orderafter providingservice forof the nonadmittanceaffidavit of thecomplaint tenant;for summary eviction;

(c)described Pursuantin tosubparagraph NRS(1), 118A.390, the tenantcourt may seekissue relief if a landlordsummaryeriod unlawfullyorder removesfor the tenantremoval fromof the premises or excludes the tenant by blocking or attemptingproviding tofor block the tenant’snonadmittance entry upon the premises or willfully interrupts or causes or permits the interruption of an essential item or service required by the rentaltenant; agreement or chapter 118A of NRS;

and(3) (d)Pursuant Theto NRS 118A.390, the tenant may requestseek thatrelief theif courta staylandlord unlawfully removes the executiontenant offrom the orderpremises ofor removalexcludes of the tenant orby orderblocking providingor forattempting nonadmittanceto ofblock the tenanttenant’s forentry aupon periodthe notpremises exceedingor 10willfully daysinterrupts pursuantor tocauses subsectionor 2permits the interruption of NRSan 70.010,essential statingitem or service required by the reasonsrental whyagreement suchor achapter stay118A isof warranted.NRS;

and - 82nd Session (2023) – 4 – of the summary order for the removal of the tenant or providingion for the nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons why such a stay is warranted.

(b) Thirty calendar days after the date on which the affidavit of complaint for summary eviction is filed, file with the court proof of service of the affidavit and summons required by paragraph (a).

Except as otherwise provided in subsection 11,12, upon being served pursuant to subsection 5, the tenant shall, within 107 calendar days after the day of service, file a written answer with the court that has jurisdiction over the matter.

If no written answer is filed within the time period prescribed by this subsection,subsection and the landlord otherwise complies with the requirements prescribed by this section, the court may, without holding a hearing but after determining that a landlord has complied with the requirements prescribed by this section,section issue:and the tenant is guilty of (a) Provides for the removal of the tenant or for the nonadmittance of the tenant;

(a)and A(b) summaryDirects orderthe forsheriff theor removalconstable of the tenantcounty orto anperform orderthe providingactions forrequired theby nonadmittancesection 4 of thethis tenant;act.

and (b) An order directing the sheriff or constable of the county to perform the actions required by section 4 of this act.

(a) 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 the removal of the tenant or an order providing for the nonadmittance of the tenant.

(b) There is a legal defense as to the alleged unlawful detainer, requirethe thatcourt shall take no further action and any further proceedings bemus9.be conductedThe pursuantcourt toshall NRSdismiss 40.290an toaction 40.420,for inclusive.summary eviction if the landlord does not comply with the requirements prescribed by paragraph (b) of subsection 5.

9.

Written notices to the tenant prescribed by this section must be served in the manner provided by NRS 40.280.

ProofWritten ofnotices serviceto ofthe anytenant noticeprescribed required by this sectionsection, mustincluding, bewithout filedlimitation, with the courtaffidavit before a summary order for removal - *AB340_R1* – 5 – of thecomplaint tenantand orsummons, anmust orderbe providingserved forin the nonadmittancemanner ofprovided theby tenantNRS is40.280. issued pursuant to subsection 6 or 8, as applicable.

Proof of service of any notice required by this section must be filed with the court before a summary order for the - 82nd Session (2023) – 5 – tenant is issued pursuant to subsection 6 or 8, as applicable.e 12.

12.

A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served a notice pursuant to subsection 2 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 deposit.

ExceptA aslandlord otherwiseshall providednot inrefuse NRSto 118A.315,accept thisrent sectionfrom doesa tenant that is submitted after the landlord or the landlord’s agent has served a notice pursuant to subsection 2 if the refusal is based on the fact that the tenant has not applypaid to: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 deposit.

(a)section Adoes tenantnot ofapply ato: commercial premises;

provided in NRS 118A.315, this (a) A tenant of a commercial premises;

14.15.

Upon receipt of a summary order for the removal of the tenant or an order providing for the nonadmittance of the tenant issued pursuantconstable toshall:ection subsection 6 of section 2 of this act, the sheriff or constable1. shall:

1.

A tenant against whom a court issues a summary order for removal pursuant to section 2 of this act may, upon payment of the appropriate fees relating to the filing and service of a- motion,82nd fileSession a(2023) motion– to6 dispute– the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460.118A.460.the costs, if any, 2.

- *AB340_R1* – 6 – 2.

(a) The date on which the summary order for removal or the order providing for nonadmittance was issued.

At the hearing, the court may:may(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs;

(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs;

Upon the filing of a motion pursuant to subsection 1, the courtheld shallwithin schedule5 adays hearingafter onthe filing of the motion.

The hearing must be held within 5 days after the filing of the motion.

- 82nd Session (2023) – 7 – 4.

- *AB340_R1* – 7 – (b) The course of conduct between the landlord and the tenant;

andcourse of conduct between the landlord and the (c) The degree of harm to the tenant caused by the landlord’s conduct.

Except as otherwise provided in subsection 13,15, in addition to the remedies provided in NRS 40.290 to 40.420, inclusive, a landlord may pursue the summary eviction of a tenant for an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516 using the procedure for summary eviction provided in this section.

(a) The written notice to surrender required by NRS 40.250, 40.251, 40.2514 or 40.2516, as applicable;

Upon noncompliance of a tenant with the written notice required by paragraph (a) of subsection 2, the landlord or the landlord’s agent may apply by affidavit of complaint for summary eviction to the justice court of the township in which the dwelling, apartment, mobile home or recreational vehicle is located.

AfterAftering, the filing of an affidavit of complaint for summary eviction, a summons must be issued.

(a) Except as otherwise provided in subsection 11,12, be filed with the court not later than 30 calendar days after the expiration of the period described in the written notice to surrender required by paragraph (a) of subsection 2;

(4)- Any82nd factsSession supporting(2023) – 8 – (5) A copy of the signed written notice;rental agreement, if any;

(5)(6) A copystatement ofthat the signed written rentalnotice agreement,was ifserved any;on the tenant in accordance with NRS 40.280;

(6)and (7) A statementcopy that:of the notice of change of ownership served on the tenant pursuant to NRS 40.255, if the property has been purchased in a residential foreclosure.

(I) The written notice was served on the tenant in accordance with NRS 40.280;

and (II) The tenant failed to comply with such notice;

- *AB340_R1* – 8 – (7) A copy of the notice of change of ownership served on the tenant pursuant to NRS 40.255, if the property has been purchased in a residential foreclosure;

and (8) A statement that the claim for relief was authorized by law.

A landlord or landlord’s agent who applies for summary eviction pursuant to subsection 3 shall, withinwithin: 15 calendar days after the date on which the affidavit of complaint for summary eviction is filed, serve upon the tenant a file-stamped copy of the affidavit of complaint, a copy of the summons and a notice which must advise the tenant that:

(a) ExceptFifteen ascalendar otherwisedays providedafter inthe subsectiondate 11,on which the tenantaffidavit mustof filecomplaint afor writtensummary answereviction tois filed, serve upon the affidavittenant a file-stamped copy of complaintthe foraffidavit summaryof evictioncomplaint, with or without the courtdocuments thatrequired hasto jurisdictionbe overincluded in the matteraffidavit notof latercomplaint thanpursuant 10to calendarsubparagraphs days(3) afterand service(5) of theparagraph affidavit(b) of complaintsubsection for4, summaryand eviction;a copy of the summons which must advise the tenant that:

(b)(1) IfExcept theas tenantotherwise doesprovided notin filesubsection an12, answer within the periodsummary describedeviction inwith paragraph (a), the court maythat issuehas ajurisdiction summaryover orderthet for removalmatter ofnot thelater tenantthan or7 ancalendar orderdays providingafter forservice of the nonadmittanceaffidavit of thecomplaint tenant;for summary eviction;

(c)(2) PursuantIf to NRS 118A.390, the tenant maydoes seeknot relieffile ifan aanswer landlordwithin unlawfully removes the tenantperiod fromdescribed thein premisessubparagraph or(1), excludes the tenantcourt bymay blockingissue ora attemptingsummary toorder blockfor the tenant’sremoval entryof upon the premisestenant or willfullyproviding interruptsfor or causes or permits the interruptionnonadmittance of an essential item or service required by the rentaltenant; agreement or chapter 118A of NRS;

and(3) (d)Pursuant Theto NRS 118A.390, the tenant may requestseek thatrelief theif courta staylandlord unlawfully removes the executiontenant offrom the orderpremises ofor removalexcludes of the tenant orby orderblocking providingor forattempting nonadmittanceto ofblock the tenanttenant’s forentry aupon periodthe notpremises exceedingor 10willfully daysinterrupts pursuantor tocauses subsectionor 2permits the interruption of NRSan 70.010,essential statingitem or service required by the reasonsrental whyagreement suchor achapter stay118A isof warranted.NRS;

and (4) The tenant may request that the court stay the execution of the summary order for the removal of the tenant or providing days pursuant to subsection 2 of NRS 70.010, stating the reasons0 why such a stay is warranted.

(b) Thirty calendar days after the date on which the affidavit of complaint for summary eviction is filed, file with the court proof of service of the affidavit and summons required by paragraph (a).

Except as otherwise provided in subsection 11,12, upon being served pursuant to subsection 5, the tenant shall, within 107 calendar days after the day of service, file a written answer with the court that has jurisdiction over the matter.

If no written answer- is82nd filedSession within(2023) – 9 – and the timelandlord periodotherwise complies with the requirements subsection prescribed by this subsection,section, the court may, without holding a hearing but after determining that a landlord has complied with the requirements prescribed by this section,section issue:and the tenant is guilty of an unlawful detainer, issue a summary order which:

(a) AProvides summary order for the removal of the tenant or an order providing for the nonadmittance of the tenant;

and (b) AnDirects order directing the sheriff or constable of the county to perform the actions required by section 4 of this act.

- *AB340_R1* – 9 – 7.

(a) There is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court mayproviding issue a summary order for removalthe nonadmittance of the tenant.he tenant or an(b) orderThere providingis fora legal defense as to the nonadmittancealleged ofunlawful detainer, the tenant.court shall take no further action and any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

(b) There is a legal defense as to the alleged unlawful detainer, require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

WrittenThe noticescourt toshall thedismiss tenantan prescribedaction byfor thissummary sectioneviction mustif bethe servedlandlord indoes not comply with the mannerrequirements providedprescribed by NRSparagraph 40.280.(b) of subsection 5.

ProofWritten ofnotices serviceto ofthe anytenant noticeprescribed required by this sectionsection, mustincluding, bewithout filedlimitation, with the courtaffidavit before a summary order for removal of thecomplaint tenantand orsummons, anmust orderbe providingserved forin the nonadmittancemanner ofprovided theby tenantNRS is40.280. issued pursuant to subsection 6 or 8, as applicable.

ForProof theof purposesservice of thisany section,notice ifrequired theby datethis onsection whichmust anbe affidavitfiled ofwith complaintthe forcourt summarybefore eviction or a writtensummary answerorder tofor suchthe anremoval affidavitof mustthe betenant filedor fallsproviding onfor athe nonjudicialnonadmittance day,of the filingtenant is timelyissued ifpursuant performedto onsubsection the6 nextor judicial8, day.as applicable.

AFor landlord shall not refuse to accept rent from a tenant that is submitted after the landlordpurposes orof thethis landlord’ssection, agent has served a notice pursuant to subsection 2 if the refusaldate is based on thewhich factan thatsuch thean tenantaffidavit hasmust notbe paidfiled collectionfalls fees,on attorney’s fees or other costs other than rent, a reasonablenonjudicial chargeday, forthe latefiling paymentsis oftimely rentif orperformed dishonoredon checks,the ornext ajudicial securityday. deposit.

IfA thelandlord tenantshall isnot foundrefuse guiltyto ofaccept unlawfulrent detainerfrom as a resulttenant ofthat theis tenant’ssubmitted violationafter ofthe anylandlord ofor the provisionslandlord’s ofagent NRShas 453.011served toa 453.552,notice inclusive,pursuant exceptto NRSsubsection 453.336,2 if the landlordrefusal is entitledbased toon bethe awardedfact anythat reasonablethe attorney’stenant feeshas incurrednot bypaid thecollection landlordfees, orattorney’s thefees landlord’sor agentother ascosts aother resultthan ofrent, a hearing,reasonable ifcharge any,for heldlate pursuantpayments toof subsectionrent 7or whereindishonored thechecks, tenantor contesteda thesecurity eviction.deposit.

14.- 82nd Session (2023) – 10 – result of the tenant’s violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord or the landlord’s agent as a result of a hearing, if any, held pursuant to subsection 7 wherein the tenant contested the eviction.

15.

or - *AB340_R1* – 10 – (c) A tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household membermem16. of such a worker during a shutdown.

15.

Sec.Secs.

7.7 and 8.

8.

(Deleted by amendment.) Sec.

A tenant of real property, a dwelling unit, a recreational vehicle or a mobile home other than a mobile home lot or a recreational vehicle lot for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the real property, dwelling unit, recreational vehicle or mobile home is held, other than those mentioned in NRS 40.250 to [40.254,] 40.252, inclusive, and sections 2 to 6.5, inclusive, of this act, and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the real property, dwelling unit, recreational vehicle or mobile home, served upon the tenant, and, if there is a subtenant in actual occupation of the premises or property, also upon the subtenant, remains uncomplied with for 5 days after the service thereof.

- 82nd Session (2023) – 11 – 2.

If a tenant is guilty of an unlawful detainer pursuant to this section, the landlord may seek to recover possession of the real property, dwelling unit, recreational vehicle or mobile home pursuant to the provisions of NRS [40.254 or] 40.290 to 40.420, inclusiveincSec. [.] , or section 6.5 of this act.

Sec.

- *AB340_R1* – 11 – Sec.

If[If a court grants an action for summary eviction pursuant to [NRSNRS 40.253]40.253 sectionduring 2 of this act, [during the COVID-COVID-19 19emergency, emergency,] the court shall automatically seal the eviction case court file.

In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, inin] In any action for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542 [,] or section 2 or 6.5 of this act, the eviction case court file is sealed automatically and not open to inspection:

(b) Ten judicial days after the entry of a court order which deniesden(c) Thirty-one days after the actiontenant forhas summaryfiled eviction;an affidavit described in [subsection 3 of NRS 40.253 or] subsection 3 of NRS 40.2542 .

[or][, (c)if Thirty-one days after the tenantlandlord has filedfailed to file an affidavit describedof incomplaint [subsectionpursuant 3to subsection 5 of NRS 40.253 or]or subsection 35 of NRS 40.2542 [,within if]30 ;days after the tenant filed the affidavit.

or3.] (d)2. If the landlord has failed to file an affidavit of complaint [pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 40.2542 within 30 days after the tenant filed the affidavit.] for summary eviction on or before 30 days after the date on which the notice required by subsection 2 of section 2 or subsection 2 of section 6.5 of this act expires.

3.In addition to the provisions for the automatic sealing of an eviction case court file pursuant to [subsections] subsection 1 , [and 2,] the court may order the sealing of an eviction case court file for an action for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542 [:] or section 2 or 6.5 of this act:

In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsections 1 and 2, the court may order the sealing of an eviction case court file for an action for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542 [:] or section 2 or 6.5 of this act:

(1)- The82nd evictionSession should(2023) be– set12 aside– pursuant to Rule 60 of the Justice Court Rules of Civil Procedure;

ororrsuant to Rule 60 of (2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

and - *AB340_R1* – 12 – (III) The amount of time that has elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.

4.[4.] 3.

5.[5.] 4.

Except as otherwise provided in this subsection, a notice to surrender must not be made available for public inspection by any person or governmental entity, including, without limitation, by a sheriff or constable.

6.[6.] 5.

(a(a) ) “COVID-19 emergency” means the period of time:

(b) “Eviction] , “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.

Sec.- 82nd Session (2023) – 13 – 40.2552.

12.N1.

NRS 40.255 is hereby amended to read as follows:

40.255 1.

- *AB340_R1* – 13 – (c) Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by the person, or by another person under whom the personper(d) claims,Where and the titleproperty underor suchmobile salehome has been perfected;sold by theed;

or (d) Where the property or mobile home has been sold by the person, or by another person under whom the person claims, and the title under the sale has been perfected.

(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;

and with the previous owner or (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.

3.- 82nd Session (2023) – 14 – notice to the tenant or subtenant within 30 days after the date of the transfer or sale:

The new owner pursuant to subsection 2 must provide a notice to the tenant or subtenant within 30 days after the date of the transfer or sale:

- *AB340_R1* – 14 – 4.

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

(a) 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)- Providing82nd theSession contact(2023) – 15 – rent should be remitted;tact information of the new owner to whom rent(b) shouldNotifying bethe remitted;tenant or subtenant that the lease or rental agreement the tenant or subtenant entered into with the previous owner or landlord of the property continues in effect through the notice period described in subsection 4;

(b) Notifying the tenant or subtenant that the lease or rental agreement the tenant or subtenant entered into with the previous owner or landlord of the property continues in effect through the notice period described in subsection 4;

-any *AB340_R1*of –the 15cases –described 8.in paragraphs (b) or (c) of subsection 1,n nothing in this section shall be deemed to prohibit:

If the property has been sold as a residential foreclosure in any of the cases described in paragraphs (b) or (c) of subsection 1, nothing in this section shall be deemed to prohibit:

10.sale of a single family residence pursuant to NRS 40.430 or under a power of sale granted by NRS 107.080.

As used in this section, “residential foreclosure” means the sale of a single family residence pursuant to NRS 40.430 or under a power of sale granted by NRS 107.080.

Except as otherwise provided in NRS [40.253 and] 40.2542, the notices required by NRS 40.251 to 40.260, inclusive, and sections 2 to 6.5, inclusive, of this act must be served by the sheriff, a constable, a person who is licensed as a process server pursuant- to82nd chapterSession 648(2023) of– NRS16 or– the agent of an attorney licensed to practice in this State:

NRS or the agent of an attorney licensed (a) By delivering a copy to the tenant personally.

(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 service isiszed - *AB340_R1* – 16 – 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 the occupant is unknown, the notice must be addressed to “Current Occupant.” 3.as provided in subsection 1.nant may be made in the same manner 4.

Service upon a subtenant may be made in the same manner as provided in subsection 1.

4.

(c)- A82nd writSession of(2023) restitution– is17 issued– pursuant to NRS 40.290 to 40.420, inclusive;

ororitution is issued pursuant to NRS 40.290 to (d) An order for removal of a commercial tenant pursuant to NRS 40.2542.

[(I)] (1) Was retained by the landlord in an action pursuant to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 6.5, inclusive, of this act;

and - *AB340_R1* – 17 – [(III)] (3) Believes to the best of his or her knowledge that such service complies with the requirements of this section.

[(3)] (c) If the notice was served pursuant to 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 certificateconfirmation of mailingactual issueddelivery by thea Unitedprivate Statespostal Postalservice.rvice Service or confirmation[(b) For a short-term tenancy, if service of actualthe deliverynotice bywas anot privatedelivered postalin service.person:

[(b) For a short-term tenancy, if service of the notice was not delivered in person:

(II)- Time,82nd dateSession and(2023) manner– of18 – (III) Fees paid for the service.] service;

and (III) Fees paid for the service.] 6.

(2) If the notice was served pursuant to paragraph (b) or (c) of subsection 1, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service or confirmationcon(b) ofIf actualthe deliverynotice was served by a privatesheriff, postala 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.

- *AB340_R1* – 18 – (c) For a short-term tenancy, if service of the notice was not delivered in person:

and (III)7. Fees paid for the service.

7.

- 82nd Session (2023) – 19 – Sec.

Either party may appeal an order entered pursuant to NRS [40.253, 40.254 or] 40.2542 or section 2 or 6.5 of this act by filing a notice of appeal within 10 judicial days after the date of entryent2. of the order.

2.ofExcept as otherwise provided in this section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal.

Except as otherwise provided in this section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal.

- *AB340_R1* – 19 – Sec.

118.205 A notice provided by a landlord to a tenant pursuant to NRS 118.195:

A notice provided by a landlord to a tenant pursuant to 1.

The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises- 82nd Session (2023) – 20 – criminal liability in the following manner:ut incurring civil or (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 tenantrental withoutperiod incurringand civilmay charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or criminalhis liabilityor inher authorized representative rightfully claiming the followingproperty manner: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 notice must be mailed to the tenant at the tenant’s present address, and if thattha(c) addressVehicles ismust unknown,be thendisposed atof in the tenant’smanner lastprovided knowniness. address.

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

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 clothing and personal - *AB340_R1* – 20 – care items.

NRS(Deleted 118C.230by isamendment.) hereby179.1164 amended1. to read as follows:

118C.230Except 1.as otherwise provided in subsection 2,s:

Exceptthe asfollowing otherwiseproperty providedis insubject subsectionto 3,seizure aand landlordforfeiture whoin leases or subleases any commercial premises under a rentalproceeding agreement that has been terminated for anyforfeiture: 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:

(a) The landlord may dispose of the abandoned personal property and recover his or her reasonable costs out of the abandoned personal property or the value thereof if the landlord has notified the tenant in writing of the landlord’s intention to dispose of the abandoned personal property and 14 days have elapsed since the notice was mailed to the tenant.

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

(b) The landlord may charge and collect the reasonable and 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).

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

2.

A tenant of commercial premises is presumed to have abandoned the premises if:

(a) Goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the commercial premises, is being or has been removed from the commercial premises;

and (b) The removal is not within the normal course of business of the tenant.

3.

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.

4.

Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (b) of subsection 1 may be - *AB340_R1* – 21 – resolved using the procedure provided in subsection 7 of NRS 40.2542.

Sec.

18.

NRS 179.1164 is hereby amended to read as follows:

179.1164 1.

Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:

2.- 82nd Session (2023) – 21 – claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.

Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.

or (b) Shows the court that the owner had good cause not to evict the tenant summarily pursuant to [NRS 40.254,] section 6.5 of this act,  the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with anotherholder suchof violationa relatinglien toor encumbrance on the property or mobile home.home ishe disputably presumed to have acquired an interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.

The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired an interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.

Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the - *AB340_R1* – 22 – owner of the property or mobile home a written notice of thed to the conviction.

(d)- Identify82nd theSession tenant(2023) involved– and22 the– offense for which the tenant has been arrested or convicted;

andande offense for which the (e) Advise the owner that:

and (4) The provisions of NRS 40.2514 and [40.254] section 6.5 of this act authorize the supplemental remedy of summary eviction to facilitate the owner’s recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’satt4.neyNothing feesin this section shall be deemed to preclude the ownercommencement incursof ina doingproceeding so.for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301.

4.

Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301.

(a) Securing real property in foreclosure once it has been determined to be abandoned and all notice provisions required by lawlaw(b) haveProviding beenmaintenance compliedfor with;real property in foreclosure, including landscape and pool maintenance;

(b)(c) ProvidingCleaning maintenancethe forinterior or exterior of real property in foreclosure,foreclosure; including landscape and pool maintenance;

- *AB340_R1* – 23 – (c) Cleaning the interior or exterior of real property in foreclosure;

- 82nd Session (2023) – 23 – 2.

(a) The asset management company shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the homeowner or the tenant of the homeowner or his or her authorized representative rightfully claiming the property within that period.or the tenant of the homeowner only for the asset managementner company’s negligent or wrongful acts in storing the property.

The asset management company is liable to the homeowner or the tenant of the homeowner only for the asset management company’s negligent or wrongful acts in storing the property.

-~~~~~ *AB340_R1*23 –- 2482nd –Session TEXT(2023) OF REPEALED SECTIONS summary eviction and exclusion of tenant for default in remedy of payment of rent.

1.

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 month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

(a) Before the close of business on the seventh judicial day fol(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.

 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 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 mad2.forA 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, the landlord or the landlord’s agent:

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

and (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280.

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 - *AB340_R1* – 25 – tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy.

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.

3.

A notice served pursuant to subsection 1 or 2 must:

(a) Identify the court that has jurisdiction over the matter;

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 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 constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order;

and (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s the interruption of an essential service required by the rentalrmits agreement or chapter 118A of NRS.

4.

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

5.

Upon noncompliance with the notice:

(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 are located or to the district court of the county in which the 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 not earlier than 24 hours but not later than 36 hours after the posting of the order.

The affidavit must state or contain:

- *AB340_R1* – 26 – (1) The date the tenancy commenced.

(2) The amount of periodic rent reserved.

(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

(4) The date the rental payments became delinquent.

(5) The length of time the tenant has remained in possession without paying rent.

(6) The amount of rent claimed due and delinquent.

(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

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

(b) Except when the tenant has timely filed the affidavit any.

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.

6.

Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice legal defense as to the alleged unlawful detainer and the tenant is no guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant.

If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any 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.

The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled.

If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the thereafter from pursuing an action for unlawful detainer inlandlord accordance with NRS 40.251.

7.

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 - *AB340_R1* – 27 – 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:

(a) The tenant has vacated or been removed from the premises;

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

8.

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 court shall upon the landlord by the sheriff, constable or other process server.

At the hearing, the court may:

(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs;

and (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.

9.

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 the filing of a motion pursuant to this subsection, the court shall schedule a hearing on the motion.

The hearing must be held within 5 days after the filing of the motion.

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.

At the hearing, the court may:

(a) Order the landlord to allow the retrieval of the tenant’s essential personal effects at the date and time and for a period necessary for the retrieval, as determined by the court;

and (b) Award damages in an amount not greater than $2,500.

10.

In determining the amount of damages, if any, to be awarded under paragraph (b) of subsection 9, the court shall con(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.

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 - *AB340_R1* – 28 – had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security deposit.

As used in this subsection, “security deposit” has the meaning ascribed to it in NRS 118A.240.

12.

Except as otherwise provided in NRS 118A.315, this section does not apply to:

(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 NRS 40.215.

pursuant to the provisions of subsection 8 of (b) A tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

13.

As used in this section, “close of business” means the close of business of the court that has jurisdiction over the matter.

40.254 Unlawful detainer:

Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.

1.

Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit, part of a low-rent housing program recreational vehicle is guilty of an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or the landlord’s agent may utilize the summary procedures for eviction as provided in NRS 40.253 except that written notice to surrender the premises must:

(a) Be given to the tenant in accordance with the provisions of NRS 40.280;

(b) Advise the tenant of the court that has jurisdiction over the matter;

and (c) Advise the tenant of the tenant’s right to:

(1) Contest the notice by filing before the court’s close of business on the fifth judicial day after the day of service of the stating the reasons why the tenant is not guilty of an unlawfulhe matter detainer;

or (2) Request that the court stay the execution of the order for removal of the tenant or order providing for nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons why such a stay is warranted.

- *AB340_R1* – 29 – 2.

The affidavit of the landlord or the landlord’s agent submitted to the justice court or the district court must state or contain:

(a) The date when the tenancy commenced, the term of the tenancy and, if any, a copy of the rental agreement.

If the rental agent may attach an affidavit or declaration, signed under penalty of perjury, stating such loss or destruction.

(b) The date when the tenancy or rental agreement allegedly terminated.

(c) The date when written notice to surrender was given to the tenant pursuant to the provisions of NRS 40.251, 40.2514 or 40.2516, together with any facts supporting the notice.

(d) The date when the written notice was given, a copy of the NRS 40.280 and, if applicable, a copy of the notice of change of ownership served on the tenant pursuant to NRS 40.255 if the property has been purchased as a residential foreclosure.

(e) A statement that the claim for relief was authorized by law.

3.

If the tenant is found guilty of unlawful detainer as a result of the tenant’s violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord to subsection 6 of NRS 40.253 wherein the tenant contested the pursuant eviction.

H - *AB340_R1*