Bill > AB141

Introduced Session

Legislative Counsel's Digest: Existing law requires a landlord wanting to terminate certain tenancies without 1 cause to serve tenants with a notice to vacate the rental unit. If the landlord wishes 2 to evict such a tenant from real property or a mobile home leased for an indefinite 3 time or with periodic rent, the notice must be: (1) at least 7 days for tenancies from 4 week to week; (2) at least 30 days for all other periodic tenancies; or (3) at least 5 days for a tenancy at will. Similarly, if the landlord wishes to evict such a tenant of 6 a dwelling unit subject to the provisions of chapter 118A of NRS upon the 7 termination or expiration of the rental agreement, the notice must be: (1) at least 7 8 days for tenancies from week to week; or (2) 30 days for all other tenancies. (NRS 9 40.251) Section 1of this bill: (1) retains the existing periods of notice if the 10 tenancy has continued for less than 1 year; (2) increases the period of notice to at 11 least 60 days if the tenancy has continued for 1 year or more but less than 3 years; 12 and (3) increases the period of notice to at least 90 days if the tenancy has 13 continued for 3 years or more. 14 Existing law: (1) requires a court to automatically seal records relating to 15 actions for summary eviction under certain circumstances; and (2) authorizes the 16 court under certain circumstances to seal records relating to actions for summary 17 eviction which are not automatically sealed by the court. (NRS 40.2545) In addition 18 to the existing procedures for the sealing of records relating to actions for summary 19 eviction, section 2of this bill requires a court to automatically seal any records 20 relating to an action for eviction concerning a default in the payment of rent, upon 21 the motion of the tenant and a decision of the court, if the court finds that the 22 default in the payment of rent occurred during the COVID-19 emergency. 23 Section 3of this bill provides that the amendatory provisions of section 2apply to 24 any action for eviction filed before, on or after the effective date of this bill. 25 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 40.251 is hereby amended to read as follows: 40.251 1. A tenant of real property, a recreational vehicle or a 2 mobile home for a term less than life is guilty of an unlawful 3 detainer when having leased: 4 (a) Real property, except as otherwise provided in this section, 5 or a mobile home for an indefinite time, with monthly or other 6 periodic rent reserved, the tenant continues in possession thereof, in 7 person or by subtenant, without the landlord s consent after the 8 expiration of a notice of: 9 (1) For tenancies from week to week , where the tenancy 10 has continued for a period of time of: 11 (I) Less than 1 year, at least 7 days; 12 (II) One year or more but less than 3 years, at least 60 13 days; or 14 (III) Three years or more, at least 90 days; 15 (2) Except as otherwise provided in subsection 2, for all 16 other periodic tenancies , where the tenancy has continued for a 17 period of time of: 18 (I) Less than 1 year, at least 30 days; 19 (II) One year or more but less than 3 years, at least 60 20 days; or 21 (III) Three years or more, at least 90 days; or 22 (3) For tenancies at will , where the tenancy has continued 23 for a period of time of: 24 (I) Less than 1 year, at least 5 days . ; (II) One year or more but less than 3 years, at least 60 26 days; or 27 (III) Three years or more, at least 90 days. 28 (b) A Except as otherwise provided in paragraph (c), a 29 dwelling unit subject to the provisions of chapter 118A of NRS, the 30 tenant continues in possession, in person or by subtenant, without 31 the landlord s consent after expiration of : (1) The the term of the rental agreement or its termination 33 and , except as otherwise provided in subparagraph (2), the 34 expiration of a notice of: (I) At least 7 days for (1) For tenancies from week to week ; and (II) Except where the tenancy has continued for a 38 period of time of: 39 (I) Less than 1 year, at least 7 days; 1 (II) One year or more but less than 3 years, at least 60 2 days; or 3 (III) Three years or more, at least 90 days; or 4 (2) Except as otherwise provided in subsection 2, at least 30 5 days for all other periodic tenancies ; or (2) A where the tenancy has continued for a period of time 7 of: 8 (I) Less than 1 year, at least 30 days; 9 (II) One year or more but less than 3 years, at least 60 10 days; or 11 (III) Three years or more, at least 90 days. 12 (c) A dwelling unit subject to the provisions of chapter 118A of 13 NRS, the tenant continues in possession, in person or by 14 subtenant, without the landlord s consent after expiration of a 15 notice of at least 5 days where the tenant has failed to perform the 16 tenant s basic or contractual obligations under chapter 118A of 17 NRS. 18 (c) (d) A mobile home lot subject to the provisions of chapter 19 118B of NRS, or a lot for a recreational vehicle in an area of a 20 mobile home park other than an area designated as a recreational 21 vehicle lot pursuant to the provisions of subsection 8 of NRS 22 40.215, the tenant continues in possession, in person or by 23 subtenant, without the landlord s consent: 24 (1) After notice has been given pursuant to NRS 118B.115, 25 118B.170 or 118B.190 and the period of the notice has expired; or 26 (2) If the person is not a natural person and has received 27 three notices for nonpayment of rent within a 12-month period, 28 immediately upon failure to pay timely rent. 29 (d) (e) A recreational vehicle lot, the tenant continues in 30 possession, in person or by subtenant, without the landlord s 31 consent, after the expiration of a notice of at least 5 days. 32 2. Except as otherwise provided in this section, if a tenant with 33 a periodic tenancy pursuant to paragraph (a) , or (b) or (c) of 34 subsection 1, other than a tenancy from week to week, is 60 years of 35 age or older or has a physical or mental disability, the tenant may 36 request to be allowed to continue in possession for an additional 30 37 days beyond the time specified in subsection 1 by submitting a 38 written request for an extended period and providing proof of the 39 tenant s age or disability. A landlord may not be required to allow a 40 tenant to continue in possession if a shorter notice is provided 41 pursuant to subparagraph (2) of paragraph (b) (c) of subsection 1. 3. Except as otherwise provided in this section, if a tenant with 43 a periodic tenancy pursuant to paragraph (a) , or (b) or (c) of 44 subsection 1 is a federal worker, tribal worker, state worker or 45 household member of such a worker, the tenant may request to be 1 allowed to continue in possession during the period commencing on 2 the date on which a shutdown begins and ending on the date that is 3 30 days after the date on which the shutdown ends by submitting a 4 written request for the extended period and providing proof that he 5 or she is a federal worker, tribal worker, state worker or household 6 member of such a worker during the shutdown. 7 4. Except as otherwise provided in NRS 118A.315, a landlord 8 who receives a request from a tenant pursuant to subsection 3 shall 9 allow a tenant to continue in possession for the period requested. 10 5. Any notice provided pursuant to paragraph (a) , or (b) or 11 (c) of subsection 1 must include a statement advising the tenant of 12 the provisions of subsections 2, 3 and 4. 13 6. If a landlord rejects a request to allow a tenant to continue in 14 possession for an additional 30 days pursuant to subsection 2, the 15 tenant may petition the court for an order to continue in possession 16 for the additional 30 days. If the tenant submits proof to the court 17 that the tenant is entitled to request such an extension, the court may 18 grant the petition and enter an order allowing the tenant to continue 19 in possession for the additional 30 days. If the court denies the 20 petition, the tenant must be allowed to continue in possession for 5 21 calendar days following the date of entry of the order denying the 22 petition. 23

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Howard Watts (D)*, 

Chapter 121. (on 05/28/2021)

Official Document