Nevada § 116.4112 - Converted buildings

§ 116.4112. Converted buildings

1. A declarant of a common-interest community containing converted buildings, and

any dealer who intends to offer units in such a common-interest community, shall give

each of the residential tenants and any residential subtenant in possession of a portion

of a converted building notice of the conversion and provide those persons with the

public offering statement no later than 120 days before the tenants and any subtenant

in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this

section and must be hand-delivered to the unit or mailed by prepaid United States

mail to the tenant and subtenant at the address of the unit or any other mailing address

provided by a tenant. No tenant or subtenant may be required to vacate upon less than 120 days' notice,

except by reason of nonpayment of rent, waste or conduct that disturbs other tenants'

peaceful enjoyment of the premises, and the terms of the tenancy may not be altered

during that period. Failure to give notice as required by this section is a defense to an action for

possession. If, during the 6-month period before the recording of a declaration, a majority

of the tenants or any subtenants in possession of any portion of the property described

in such declaration has been required to vacate for reasons other than nonpayment

of rent, waste or conduct that disturbs other tenants' peaceful enjoyment of the premises,

a rebuttable presumption is created that the owner of such property intended to offer

the vacated premises as units in a common-interest community at all times during that

6-month period. 2. For 60 days after delivery or mailing of the notice described in subsection 1,

the person required to give the notice shall offer to convey each unit or proposed

unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that 60-day period, the offeror may

not offer to dispose of an interest in that unit during the following 180 days at

a price or on terms more favorable to the offeree than the price or terms offered

to the tenant. This subsection does not apply to any unit in a converted building if that unit

will be restricted exclusively to nonresidential use or the boundaries of the converted

unit do not substantially conform to the dimensions of the residential unit before

conversion. 3. If a seller, in violation of subsection 2, conveys a unit to a purchaser for value

who has no knowledge of the violation, the recordation of the deed conveying the unit

or, in a cooperative, the conveyance of the unit, extinguishes any right a tenant

may have under subsection 2 to purchase that unit if the deed states that the seller

has complied with subsection 2, but the conveyance does not affect the right of a

tenant to recover damages from the seller for a violation of subsection 2. 4. If a notice of conversion specifies a date by which a unit or proposed unit must

be vacated and otherwise complies with the provisions of NRS 40.251 and 40.280 , the notice also constitutes a notice to surrender specified by those sections. 5. This section does not permit termination of a lease by a declarant in violation

of its terms.