Bill > SB151

Introduced Session

Legislative Counsel's Digest: Existing law provides for a summary eviction procedure when the tenant of any 1 dwelling, apartment, mobile home, recreational vehicle or commercial premises with 2 periodic rent due by the month or a shorter period defaults in the payment of the rent. 3 (NRS 40.253) Section 1.7 of this bill removes the provisions governing the summary 4 eviction procedure for a tenant of a commercial premise, thereby making section 1.7 5 solely applicable to summary eviction for the tenant of any dwelling, apartment, 6 mobile home or recreational vehicle. Section 1 of this bill reorganizes the summary 7 eviction procedure for a tenant of a commercial premise. 8 Existing law requires the landlord or the landlord s agent to serve or have served 9 a notice in writing informing the tenant that he or she must pay the rent or surrender 10 the premises at or before the fifth full day following the day of service. (NRS 40.253) 11 Section 1.7 of this bill: (1) authorizes the landlord or landlord s agent to cause the 12 notice to be served upon the tenant; and (2) increases the period that a tenant has to 13 act after receiving such notice from at or before noon on the fifth full day to before 14 the close of business of the court that has jurisdiction on the seventh judicial day. 15 Existing law authorizes a court, in an action for summary eviction, to order the 16 removal of a tenant in default for rental payments. Existing law requires a sheriff or 17 constable to remove such a tenant within 24 hours after the court issues such an order. 18 (NRS 40.253) Section 1.7 revises the period of time before the removal of the tenant. 19 Section 1.7 requires a sheriff or constable to post the order for removal in a 20 conspicuous place on the premises not later than 24 hours after the order is received 21 by the sheriff or constable. Section 1.7 then requires the sheriff or constable to 22 remove the tenant not earlier than 24 hours but not later than 36 hours after the 23 posting of the order by the sheriff or constable. 24 Existing law provides that a person who holds over and continues in possession 25 of real property or a mobile home which has been foreclosed or sold under certain 26 circumstances may be removed pursuant to certain proceedings after a 3-day notice 27 to surrender has been served. (NRS 40.255) Section 3 of this bill additionally 28 provides that an existing lease of residential property will remain in effect if the 29 property is transferred or sold to a new owner under certain circumstances. Section 30 3 provides for the duties and obligations of the tenant and the new owner. 31 Existing law requires a tenant to be served with certain notices to surrender. 32 Existing law authorizes such service: (1) by delivering a copy of the notice to the 33 tenant personally, in the presence of a witness, or by a sheriff, constable or certain 34 other persons; (2) by leaving the notice with a person who meets certain 35 qualifications at the place of residence or business of the tenant; or (3) by posting the 36 notice on the rental property, delivering the notice to the person living there, if 37 possible, and mailing a copy to the tenant. Existing law requires that proof of service 38 of such notices must be filed with the court before the court orders removal or issues 39 a writ of restitution. (NRS 40.280) Section 4 of this bill provides that a notice to 40 surrender the premises must be served by a sheriff, a constable, certain persons 41 licensed as a process server or the agent of an attorney under certain circumstances. 42 Section 4 of this bill prescribes certain requirements for proof of service. Sections 43 4.5-7.1 and 7.3 of this bill make conforming changes. 44 Existing law defines certain terms used in chapter 118A of NRS, otherwise 45 known as the Residential Landlord and Tenant Act. (NRS 118A.030-118A.170) 46 Section 7.13 of this bill defines periodic rent for the purpose of this chapter. 47 Section 7.2 of this bill authorizes a landlord to charge a reasonable late fee for the 48 late payment of rent, but limits the maximum amount that may be imposed for a late 49 fee to not more than 5 percent of the periodic rent. 50 Existing law sets forth the procedure for a landlord to dispose of personal 51 property abandoned on the premises by a former tenant or left on the premises after 52 eviction of the tenant without incurring civil or criminal liability. (NRS 118A.460) 53 Section 7.25 of this bill requires a landlord, during the 5-day period following the 54 eviction or lockout of a tenant, to provide the former tenant a reasonable opportunity 55 to retrieve essential personal effects from the premises. Section 1.7 establishes an 56 expedited procedure for a former tenant to retrieve essential personal effects if a 57 landlord acts unreasonably in providing access to the former tenant to retrieve 58 essential personal effects. 59 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 40 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. In addition to the remedy provided in NRS 40.2512 and 3 40.290 to 40.420, inclusive, when the tenant of any commercial 4 premises with periodic rent reserved by the month or any shorter 1 period is in default in payment of the rent, the landlord or the 2 landlord s agent, unless otherwise agreed in writing, may serve or 3 have served a notice in writing, requiring in the alternative the 4 payment of the rent or the surrender of the premises: 5 (a) At or before noon of the fifth full day following the day of 6 service; or 7 (b) If the landlord chooses not to proceed in the manner set 8 forth in paragraph (a) and the rent is reserved by a period of 1 week 9 or less and the tenancy has not continued for more than 45 days, at 10 or before noon of the fourth full day following the day of service. 11 As used in this subsection, day of service means the day the 12 landlord or the landlord s agent personally delivers the notice to the 13 tenant. If personal service was not so delivered, the day of service 14 means the day the notice is delivered, after posting and mailing 15 pursuant to subsection 2, to the sheriff or constable for service if 16 the request for service is made before noon. If the request for service 17 by the sheriff or constable is made after noon, the day of service 18 shall be deemed to be the day next following the day that the request 19 is made for service by the sheriff or constable. 20 2. A landlord or the landlord s agent who serves a notice to a 21 tenant pursuant to paragraph (b) of subsection 1 shall attempt to 22 deliver a copy of the notice to the tenant personally, in the presence 23 of a witness. If service is accomplished by the sheriff, constable or 24 a person who is licensed as a process server pursuant to chapter 648 25 of NRS, the presence of a witness is not required. If the notice 26 cannot be delivered in person, the landlord or the landlord s agent: 27 (a) Shall post a copy of the notice in a conspicuous place on the 28 premises and mail the notice by overnight mail; and 29 (b) After the notice has been posted and mailed, may deliver the 30 notice to the sheriff or constable for service in the manner set forth 31 in subsection 1 of NRS 40.280. The sheriff or constable shall not 32 accept the notice for service unless it is accompanied by written 33 evidence, signed by the tenant when the tenant took possession of 34 the premises, that the landlord or the landlord s agent informed the 35 tenant of the provisions of this section which set forth the lawful 36 procedures for eviction from a short-term tenancy. Upon 37 acceptance, the sheriff or constable shall serve the notice within 48 38 hours after the request for service was made by the landlord or the 39 landlord s agent. 40 3. A notice served pursuant to subsection 1 or 2 must: 41 (a) Identify the court that has jurisdiction over the matter; and 42 (b) Advise the tenant: 43 (1) Of the tenant s right to contest the matter by filing, within 44 the time specified in subsection 1 for the payment of the rent or 45 surrender of the premises, an affidavit with the court that has 1 jurisdiction over the matter stating that the tenant has tendered 2 payment or is not in default in the payment of the rent; and 3 (2) That if the court determines that the tenant is guilty of an 4 unlawful detainer, the court may issue a summary order for 5 removal of the tenant or an order providing for the nonadmittance 6 of the tenant, directing the sheriff or constable of the county to 7 remove the tenant within 24 hours after receipt of the order. 8 4. If the tenant files an affidavit pursuant to paragraph (b) of 9 subsection 3 at or before the time stated in the notice, the landlord 10 or the landlord s agent, after receipt of a file-stamped copy of the 11 affidavit, shall not provide for the nonadmittance of the tenant to 12 the premises by locking or otherwise. 13 5. Upon noncompliance of the tenant with a notice served 14 pursuant to subsection 1 or 2: 15 (a) The landlord or the landlord s agent may apply by affidavit 16 of complaint for eviction to the justice court of the township in 17 which the commercial premises is located or to the district court of 18 the county in which the commercial premises is located, whichever 19 has jurisdiction over the matter. The court may thereupon issue an 20 order directing the sheriff or constable of the county to remove the 21 tenant within 24 hours after receipt of the order. The affidavit must 22 state or contain: 23 (1) The date the tenancy commenced. 24 (2) The amount of periodic rent reserved. 25 (3) The amounts of any cleaning, security or rent deposits 26 paid in advance, in excess of the first month s rent, by the tenant. 27 (4) The date the rental payments became delinquent. 28 (5) The length of time the tenant has remained in possession 29 without paying rent. 30 (6) The amount of rent claimed due and delinquent. 31 (7) A statement that the written notice was served on the 32 tenant pursuant to subsection 1 or 2 or in accordance with 33 NRS 40.280. 34 (8) A copy of the written notice served on the tenant. 35 (9) A copy of the signed written rental agreement, if any. 36 (b) Except when the tenant has timely filed an affidavit 37 described in paragraph (b) of subsection 3 and a file-stamped copy 38 of the affidavit has been received by the landlord or the landlord s 39 agent, the landlord or the landlord s agent may, in a peaceable 40 manner, provide for the nonadmittance of the tenant to the premises 41 by locking or otherwise. 42 6. Upon the filing by the tenant of an affidavit pursuant to 43 paragraph (b) of subsection 3, regardless of the information 44 contained in the affidavit and the filing by the landlord of an 45 affidavit pursuant to paragraph (a) of subsection 5, the justice court 1 or the district court shall hold a hearing, after service of notice of 2 the hearing upon the parties, to determine the truthfulness and 3 sufficiency of any affidavit or notice provided for in this section. If 4 the court determines that there is no legal defense as to the alleged 5 unlawful detainer and the tenant is guilty of an unlawful detainer, 6 the court may issue a summary order for removal of the tenant or 7 an order providing for the nonadmittance of the tenant. If the court 8 determines that there is a legal defense as to the alleged unlawful 9 detainer, the court shall refuse to grant either party any relief and, 10 except as otherwise provided in this subsection, shall require that 11 any further proceedings be conducted pursuant to NRS 40.290 to 12 40.420, inclusive. The issuance of a summary order for removal of 13 the tenant does not preclude an action by the tenant for any 14 damages or other relief to which the tenant may be entitled. If the 15 alleged unlawful detainer was based upon subsection 5 of NRS 16 40.2514, the refusal by the court to grant relief does not preclude 17 the landlord thereafter from pursuing an action for unlawful 18 detainer in accordance with NRS 40.251. 19 7. A tenant may, upon payment of the appropriate fees relating 20 to the filing and service of a motion, file a motion with the court, on 21 a form provided by the clerk of the court, to dispute the amount of 22 the costs, if any, claimed by the landlord pursuant to NRS 118C.230 23 for the inventory, moving and storage of personal property left on 24 the premises. The motion must be filed within 20 days after the 25 summary order for removal of the tenant or the abandonment of the 26 premises by the tenant, or within 20 days after: 27 (a) The tenant has vacated or been removed from the premises; 28 and 29 (b) A copy of those charges has been requested by or provided 30 to the tenant, 31 whichever is later. 32 8. Upon the filing of a motion pursuant to subsection 7, the 33 court shall schedule a hearing on the motion. The hearing must be 34 held within 10 days after the filing of the motion. The court shall 35 affix the date of the hearing to the motion and order a copy served 36 upon the landlord by the sheriff, constable or other process server. 37 At the hearing, the court may: 38 (a) Determine the costs due, if any, claimed by the landlord 39 pursuant to 118C.230 and any accumulating daily costs; and 40 (b) Order the release of the tenant s property upon the payment 41 of the costs determined to be due or if no charges are determined to 42 be due. 43 9. A landlord shall not refuse to accept rent from a tenant that 44 is submitted after the landlord or the landlord s agent has served or 45 had served a notice pursuant to subsection 1 if the refusal is based 1 on the fact that the tenant has not paid collection fees, attorney s 2 fees or other costs other than rent, a reasonable charge for late 3 payments of rent or dishonored checks. 4

AI Summary

Committee Categories

Yvanna Cancela (D)*,  David Parks (D)*,  Julia Ratti (D)*,  Pat Spearman (D)*,  Christopher Brooks (D),  James Ohrenschall (D),  Joyce Woodhouse (D), 

Chapter 600. (on 06/13/2019)

Official Document