AB 283 — Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-819)

- *AB283_R1* – 5 – 9.

The court shall dismiss an action for summary eviction if the landlord does not comply with the requirements prescribed by paragraph (b) of subsection 5.

Proof of service of any notice required by this section must be filed with the court before a summary order for the removal- of83rd theSession tenant(2025) or– providing5 for– the nonadmittance of the tenant is issued pursuant to subsection 6 or 8, as applicable.applicable.e 12.

12.

14.section does not apply to:

Except as otherwise provided in NRS 118A.315, this section(a) doesA nottenant applyof to:a commercial premises;

(a) A tenant of a commercial premises;

Upon receipt of a summary order for the removal of the tenant or providing for the nonadmittance of the tenant issued pursuant to subsection 6 of section 2 of this act, the sheriff or constablecon1.ablPost shall:the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable.

1.2.

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.

- *AB283_R1* – 6 – 2.

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,83rd fileSession a(2025) 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.

2.

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.

- *AB283_R1* – 7 – (a) Order the landlord to allow the tenant to retrieve his or her essential personal effects at the date and time and for a period necessary for the retrieval, as determined by the court;

- 83rd Session (2025) – 7 – 4.

(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.

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.

- *AB283_R1* – 8 – (3) A copy of the written notice served on the tenant pursuant to subsection 2;

(4)- Any83rd factsSession supporting(2025) – 8 – (5) A copy of the signed written notice;rental agreement, if any;

(5) A copy of the signed written rental agreement, if any;

(1) Except as otherwise provided in subsection 12, the tenant must file a written answer to the affidavit of complaint for summary eviction with the court that has jurisdiction over the mattercomplaint notfor latersummary thaneviction;l 7 judicial days after service of the affidavit of complaint(2) forIf the tenant does not file an answer within the period described in subparagraph (1), the court may issue a summary eviction;order for the removal of the tenant or providing for the nonadmittance of the tenant;

(2) If the tenant does not file an answer within the period described in subparagraph (1), the court may issue a summary order for the removal of the tenant or providing for the nonadmittance of the tenant;

and (4) The tenant may request that the court stay the execution of the summary order for the removal of the tenant or providing for the nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons whywhy(b) suchThirty acalendar staydays after the date on which the affidavit of complaint for summary eviction is warranted.filed, file with the court proof of service of the affidavit and summons required by paragraph (a).

(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).

If no written answer is filed within the period prescribed by this subsection and the landlord otherwise complies with the requirements prescribed by this - *AB283_R1*83rd –Session 9(2025) – section,9 the– court may, without holding a hearing but after determining that a landlord has complied with the requirements prescribed by this section and the tenant is guilty of an unlawful detainer, issue a summary order which:

(b) There is a legal defense as to the alleged unlawful detainer, the court shall take no further action and any further proceedingsproceedingsr, be conducted pursuant to NRS 40.290 to 40.420, inclusive.

For the purposes of this section, if the date on which an affidavit of complaint for summary eviction or a written answer to such an affidavit must be filed falls on a nonjudicial day, the filing is timely13. if performed on the next judicial day.

13.

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- to83rd beSession awarded(2025) any– reasonable10 attorney’s– fees incurred by the landlord or the landlord’s agent as a result of a hearing, if - *AB283_R1* – 10 – any, held pursuant to subsection 7 wherein the tenant contested the eviction.

Sec.40.2516 1.NRS 4A 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, 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.

7.Within 5 days after the service, the tenant, or any mortgagee of the term, or other person, interested in itsy, or continuance, may perform the condition or covenant and thereby save the lease from forfeiture;

NRS 40.2516 is hereby amended to read as follows:

40.2516 1.

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, 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.

Within 5 days after the service, the tenant, or any subtenant in actual occupation of the premises or property, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture;

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 - 83rd Session (2025) – 11 – pursuant to the provisions of NRS [40.254 or] 40.290 to 40.420, inclusive [.] , or section 6 of this act.

40.252 For the purposes of NRS 40.250 to 40.252, inclusive, andand1.NRSIt [NRSis 40.254:]unlawful sectionsfor 2a landlord to 6,attempt inclusive,by contract or other agreement to shorten the specified periods of thisnotice act:and any such contract or agreement is void.

- *AB283_R1* – 11 – 1.

It is unlawful for a landlord to attempt by contract or other agreement to shorten the specified periods of notice and any such contract or agreement is void.

or (c) Thirty-one days after the tenant has filed an affidavit described in [subsection 3 of NRS 40.253 or] subsection 3 of NRS pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRSof complaint 40.2542 .within 30 days after the tenant filed the affidavit.

[, 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.

or (2)- Sealing83rd theSession eviction(2025) case– court12 file– is in the interests of justice and those interests are not outweighed by the public’spublic’srests of interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

and - *AB283_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.

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 sheriffshe(a) orApply constable.to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.

This subsection does not:

(a) Apply to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.

(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.

Except as otherwise provided in subsections 2 and 7, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3- day- written83rd noticeSession (2025) – 13 – be removed as prescribed in NRS 40.290 to surrender40.420, inclusive:son may (a) Where the property or mobile home has been servedsold uponunder an execution against the person, or against another person mayunder bewhom removedthe asperson prescribedclaims, inand NRSthe 40.290title tounder 40.420,the inclusive:sale has been perfected;

(a) Where the property or mobile home has been sold under an execution against the person, or against another person under whom the person claims, and the title under the sale has been perfected;

- *AB283_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 person claims, and the title under such sale has been perfected;

2.tenant or subtenant in actual occupation of the premises, other than a person whose name appears on the mortgage or deed, who holds 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:

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 holds 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;

- 83rd Session (2025) – 14 – 4.

(b) Notifying the tenant or subtenant that the lease or rental agreement the tenant or subtenant entered into with the previouspreviousl owner or landlord of the property continues in effect through the notice period described in subsection 2;

and (c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the agreement or applicable law constitutes a breach of the lease or rental agreement and may result in eviction proceedings, including, without - *AB283_R1* – 14 – limitation, proceedings conducted pursuant to [NRS 40.253 and 40.254.] sections 2 and 6 of this act.

or (b) The new owner of a property purchased pursuant to a foreclosureforeclo(1) saleNegotiating a new purchase, lease or trustee’srental saleagreement from:with the tenant or subtenant;

(1) Negotiating a new purchase, lease or rental agreement with the tenant or subtenant;

Except as otherwise provided in NRS [40.253 and] 40.2542, the notices required by NRS 40.251 to 40.260, inclusive, and- sections83rd 2Session to(2025) 6,– inclusive,15 of– this act must be served by the sheriff, a constable, a person who is licensed as a process server pursuant to chapter 648 of NRS or the agent of an attorney licensed to practice in this State:

(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be - *AB283_R1* – 15 – found, and mailing a copy to the tenant at the place where the leased property is situated.

The notices required by NRS 40.230, 40.240 and 40.414 mustmus(a) beExcept servedas uponotherwise anprovided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupant:occupant personally, in the presence of a witness.

(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 the occupant is unknown, the notice must be addressed to “Current Occupant.” (c) If a person of suitable age or discretion cannot be found at the real property, by posting a copy in a conspicuous place on the property and mailing a copy to the unlawful or unauthorized occupantis atunknown, the placenotice wheremust thebe propertyaddressed isto situated.“Current Occupant.”cupant 3.

If the occupant is unknown, the notice must be addressed to “Current Occupant.” 3.

(b)- An83rd orderSession for(2025) removal– of16 an– unlawful or unauthorized occupant is issued pursuant to NRS 40.414;

or unauthorized (c) A writ of restitution is issued pursuant to NRS 40.290 to 40.420, inclusive;

If the notice was served by the agent of an attorney licensed in this State, the statement must be accompanied by a -of *AB283_R1*the –attorney, 16stating –that declaration,the signedattorney:ring the license number [(I)] (1) Was retained by the attorneylandlord andin bearingan theaction licensepursuant numberto ofNRS the40.230 attorney,to stating40.420, thatinclusive the[;] attorney:, and sections 2 to 6, inclusive, of this act;

[(I)] (1) Was retained by the landlord in an action pursuant to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 6, inclusive, of this act;

[(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 orornd certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.

(I)- Time83rd andSession date(2025) – 17 – landlord or the requestlandlord’s agent;equest for service was made by the landlord(II) orTime, thedate landlord’sand agent;manner of the service;

(II) Time, date and manner of the service;

(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 - *AB283_R1* – 17 – certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.

(I) Time and date the request for service was made by the landlord oro(II) theTime, landlord’sdate agent;and manner of the service;

(II) Time, date and manner of the service;

and - 83rd Session (2025) – 18 – (b) The agent is acting at the direction and under the direct supervision of the attorney.

Either party may appeal an order entered pursuant to NRS [40.253, 40.254 or] 40.2542 or section 2 or 6 of this act by filing a notice of appeal within 10 judicial days after the date of entry of the order.

- *AB283_R1* – 18 – 3.

Sec.118.205.

13.NRA notice provided by a landlord to a tenant pursuant to NRS 118.195:

NRS 118.205 is hereby amended to read as follows:

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

Sec.- 83rd Session (2025) – 19 – 118A.349 NRS 1.

14.

NRS 118A.349 is hereby amended to read as follows:

118A.349 1.

and (c) Upon termination of the previous owner’s interest in the premises by a voluntary transfer or sale, the previous owner shall transfer the security deposit in the manner set forth in paragraph (a) ofobligations subsectionand 1liabilities of the former landlord as to any security deposit which is owed under NRS 118A.244.118A.242 at the time of transfer.

The successor has the rights, obligations and liabilities of the former landlord as to any security deposit which is owed under NRS 118A.242 at the time of transfer.

- *AB283_R1* – 19 – (a) Providing the contact information of the new owner to whom rent should be remitted;

and (c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the rental agreement or applicable law constitutes a breach of the rental agreement and may result in eviction proceedings, including, without limitation, proceedings conducted pursuant to [NRS 40.253 and 40.254.] sections 2 and 6 of this act.

(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end- of83rd theSession rental(2025) period– and20 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.

Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of subsection 1 may be resolved using the procedure provided in [subsection 7 of NRS 40.253.] section 4 of this act.

Any dispute relating to the reasonableness of the - *AB283_R1* – 20 – landlord’s actions pursuant to this section may be resolved using the procedure provided in [subsection 9 of NRS 40.253.] section 5 of this act.

(a) Any proceeds attributable to the commission or attempted commissioncom(b) ofAny anyproperty felony.or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or 501.3857.

(b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or 501.3857.

(a)- Has83rd givenSession the(2025) tenant– notice21 to– surrender the premises pursuant to [NRS 40.254] section 6 of this act within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305;

Sec.453.305 1.RS 453Whenever a person is arrested for 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 owner of the property or mobile home a written notice of the arrest.

17.

NRS 453.305 is hereby amended to read as follows:

453.305 1.

Whenever a person is arrested for 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 owner of the property or mobile home a written notice of the arrest.

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 - *AB283_R1* – 21 – attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.

(b)requested, to the owner at the owner’s last known address;eipt (c) Be sent bywithin certified15 days after the arrest occurs or registeredjudgment mail,of returnconviction receiptis requested,entered toagainst the ownertenant, atas the owner’scase lastmay knownbe; address;

(c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;

- 83rd Session (2025) – 22 – (2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;

(3) In any proceeding for forfeiture based upon such a violation the owner will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property ororto have mobile home;

(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;

- *AB283_R1* – 22 – (c) Cleaning the interior or exterior of real property in foreclosure;

(a) The asset management company shall reasonably provide for the safe storage of the property for 30 days after the abandonment or - 83rd Session (2025) – 23 – 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.

The amendatory provisions of sections 2 to 18, inclusive,accrues ofon thisor actafter applyOctober to1, an2025.ction action for summary eviction which accruesSec. on or after October 1, 2025.

Sec.

-~~~~~ *AB283_R1*25 –- 2383rd –Session TEXT(2025) 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 - *AB283_R1* – 24 – 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:

- *AB283_R1* – 25 – (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 - *AB283_R1* – 26 – 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 - *AB283_R1* – 27 – 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.

- *AB283_R1* – 28 – 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 - *AB283_R1*